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B227  318-1 5h-7099 

University  of  Texas  Bulletin 

No.   1757:      October  10,  1917 


A  SOURCE  BOOK 

RELATING  TO  THE 

HISTORY  OF  THE  UNIVERSITY  OF  TEXAS: 

LEGISLATIVE,  LEGAL,   BIBLIOGRAPHICAL,  AND  STATISTICAL 

Compiled   by 
H.  Y.  BENEDICT 


Published  by  the  University  six  times  a  month  and  entered  as 

second-class  matter  at  the  postoffice  at 

AUSTIN,  TEXAS 


The  benefits  of  education  and  of 
useful  knowledge,  generally  diffused 
through  a  community,  are  essential 
to  the  preservation  of  a  free  govern- 
ment. 

Sam  Houston 


Cultivated  mind  is  the  guardian 
genius  of  democracy.  ...  It  is  the 
only  dictator  that  freemen  acknowl- 
edge and  the  only  security  that  free- 
men desire. 

Mirabeau  B.  Lamar 


To  the  Memory 

of 

"THE  OLD  ALCALDE" 

Or  an  Milo  Roberts 

Professor  of  Law,  18S3-1893 

Great  as  a  Governor;    greater  as  a  Chief  Justice; 
who,    more   than   any   other   man,    became 

Founder 

of  the 

University  of  Texas 

Because  he  acted  ui>cn  the  belief  that  "Every  great  state  should 
.  ear  its  own  men  in  every  stature  of  manhood,  of  intelligence  and  of 
ult ure,  according  to  their  capabilities,  upon  its  own  soil,  and  thereby 
engender  and  preserve  an  intense  homogeneousness  in  the  character 
of  its  population,  which  must  result  in  the  concentrated  power  and 
eHevated  prosperity  of  the  whole  body  politic  in  association.  This 
full  result  can  be  attained  only  by  promoting  all  of  the  grades  of  edu- 
cation, from  the  lowest  to  the  highest,  in  harmonious  co-operation 
adapted  to  the  diversified  icants  of  every  class  of  people,  whatever 
may  be  their  pursuits  in  life.  Nor  will  the  benefits  of  the  Univer- 
sity and  its  branches  be  confined  to  the  sons  of  the  wealthy  few. 
Tiy  no  means  will  that  be  so.  Place  the  facilities  of  a  higher  educa- 
tion  before  the  people  of  this  State,  make  it  a  reality,  make  n  com- 
plete and  cheap  by  a  splendid  endowment,  and  youths  all  over  this 
broad  land,  who  catch  the  inspiration  of  high  talent  in  our  common 
schools,  will,  if  necessary,  struggle  up  through  poverty,  ami  through 
adversity,  by  labor  and  by  perserverance,  until  they  will  stand  in 
the  front  ranks  of  the  most  gifted  and  favored  in  the  halls  of  learn- 
ing, and  afterwards  will  adorn  every  sphere  of  life,  with  tin  ir 
brilliant  accomplishments  and  practical  usefulness.  So  it  has  been 
in  other  countries  and  so  it  will  be  here." 


The  merit  of  its  establishment  is  not  due  to  any  one 
man,  nor  even  to  any  one  hundred  men.  It  is  due  to  a  great  num- 
ber of  citizens  who,  during  a  period  of  more  than  forty  years  con- 
tributed their  efforts  for  it — each  one  of  them  at  the  time  acting 
according  to  the  opportunity  afforded  him In  a  demo- 
cratic Republic,  no  one  mam  can  accomplish  any  great  measure  of 
government.  He  may  start  or  revive  the  movement  for  it,  or 
strongly  advocate  it,  or  lead  in  the  steps  for  it;  still,  there  must 
be  a  public  opinion  actively  demanding  it,  and  those  who  are  ir 
authoritative  control  of  the  government  must  co-operate  in  its  fina , 
consummation.  If  all  that  each  person  did,  in  his  appropriat 
sphere  of  action,  could  be  ascertained  and  stated,  it  would  doub  f 
less  fill  an  ordinary-sized  volume. 

I  happened  to  be  placed  in  a  position  in  which  it  became  my 
duty  to  direct  the  course  of  public  affairs  in  the  administration  of 
the  State  government  as  best  I  could,  and  being  strongly  impressed 
with  the  public  necessity  for  a  University,  I  simply  endeavored  to 
have  created  throughout  the  State  a  public  opinion,  pressing  for 
it,  by  enlisting  the  efforts  and  influence  of  the  teachers,  and  through 
them,  the  people  generally  interested  in  education,  and  presented 
the  subject  before  the  Legislature. — A  History  of  the  Establishment 
of  the  University  of  the  State  of  Texas,  by  Governor  Oran  M.  Roberts'., 
in  the  Quarterly  of  the  Texas  State  Historical  Association,  Vol.  1.    i 


A  Source  Book  of  iht  University  of  Texas 


PREFACE 

"There    are    many    other    documents    which    1    thought    necessary    to    be 

inserted   in   the   Journals which    documents   I    have 

diligently  for  and  have  spared  no  reasonable  exertion  to  ohtain  possession 
of — they  are  gone — out  of  reach — cannot  be  found — and  are  probably  ex- 
tinct. In  consequence  the  journals  will  appear  in  some  parts  imperfect." — 
N.  O.  Raymond,  Secretary  of  the  Senate  of  the  Second  Legislature,  on  page 
349  of  the  Journal  of  the  Senate  of  the  First  Legislature. 

This  Source  Book  is  a  preliminary  result  of  an  effort  to  write 
a  History  of  the  University  of  Texas.  The  records  of  Texas,  both 
in  manuscript  and  in  print,  are  not  in  all  cases  easy  of  access,  fully 
indexed,  or  conveniently  arranged.  So  much  trouble  as  a  consequence 
was  encountered  in  searching  out  the  relevant  material  in  the  Cap- 
itol and  in  the  University  that  it  has  been  thought  worth  while 
to  collect  what  has  been  found  into  a  single  Bulletin. 

Printed  material  exclusive  of  that  in  newspapers  has  alone  been 
included,  except  in  a  few  cases  where  manuscript  and  newspaper 
references  were  essential  to  completeness.  Perhaps  later  a  bulletin 
containing   selections  frcm  manuscripts   will  be   issued. 

Short  of  reading  the  volumes  page  by  page,  an  effort  has  been 
made  to  extract  all  the  references  to  the  University  from  the  House 
and  Senate  Journals  and  from  the  General  Laws.  Certain  other 
sources,  which  may  fairly  be  regarded  as  primary  and  which  are 
sufficiently  indicated  in  the  Table  of  Contents,  are  included.  To  re- 
print in  this  volume  such  primary  sources  as  the  Reports  of  the 
Regents  and  of  the  Faculty  is  not  possible,  and  is  not  altogether 
desirable,  because  the  financial  and  statistical  portions  of  these  Reports 
have  been  collected,  studied,  corrected,  abbreviated,  and  set  forth  in 
a   set   of   tables,    I    to    XXVI,  to   be   found   on    pages   806    to  837. 

Laws  affecting  the  University  only  in  a  very  general  way,  such  as 
laws  relating  to  fire-escapes,  masonry  construction,  etc.,  have  been 
omitted.  Except  in  the  earlier  years,  matter  relating  to  the  lower 
schools  and  to  education  in  general  has  been  omitted.  Material  deal- 
ing with  the  Agricultural  and  Mechanical  College,  or  with  the  Nor- 
mals or  with  the  College  of  Industrial  Arts,  has  been  omitted  unless 
the  University  is  explicitly  mentioned  in  connection  with  these  other 
schools.  Land  laws,  numerous  and  often  lengthy,  occupy  too  large 
a  space,  because  it  was  difficult,  almost  impossible,  to  disentangle 
legislation  relating  to  the  University  lands  from  that  relating  to  the 
other  public  lands.  Land  laws  not  having  had,  and  not  likely  to 
have  much  application  to  the  University  lands  have  been  much 
abbreviated.  Enacting  clauses  have  been  frequently,  emergency 
clauses   nearly   always,  omitted. 

In  the  Bibliography,  no  reference  is  made  to  manuscripts  or  to 
articles  in  newspapers  and  student  publications,  or  to  the  lessor  and 


vi  University  of  Texas  Bulletin 

current  notes  in  the  Record  and  Alcalde.  Articles  by  members  of 
the  Faculty  or  Ex-Students  on  matters  not  relevant  to  the  University 
are  not  listed. 

The  punctuation  and  spelling  of  the  originals  have  been  pretty 
closed  followed.  Errors  obviously  of  the  printer  have  in  some  cases 
been  corrected.  Down  to  the  Eighth  Legislature,  all  extracts  found 
have  been  quoted  in  full.  Thereafter  page  references  are  used  in 
following  bills  through  their  legislative  channels. 

Miss  Eva  McDonald  has  tyewritten  all  of  the  material,  helped  to 
read  the  proof  sheets,  and  constantly  assisted  in  many  other  ways. 
Without  her  help,  this  Bulletin  would  have  been  practically  impos- 
sible. Encouragement  and  help  have  been  generously  forthcoming  from 
Mr.  E.  W.  Winkler.  Professor  Eby  has  furnished  some  extracts  that 
would  otherwise  have  been  overlooked.  Miss  Mary  Emma  Gcff  and 
Miss  Martha  Maud  Smith  of  the  University  Library  have  been  of 
much  assistance  in  preparing  the  Bibliography.  Additional  help  has 
come   from   various   other  colleagues   and    State   officials. 

Completeness  has  been  sought,  but  has  certainly  not  been  attained, 
although  every  discovered  trail  has  been  followed.  This  Source  Book, 
large  as  it  is,  almost  certainly  must  lack  some  undiscovered  references 
essential  to  its  perfection.  The  manuscript  records  in  the  Office  of  the 
Secretary  of  State  and  the  account  books  of  the  Comptroller  have  been 
frequently  consulted.  The  spare  time  of  two  years  has  been  spent  at 
what  would  have  been  a  very  pleasant  task  had  it  not  been  so  diffi- 
cult to  attain  completeness.  Many  hours  have  been  consumed,  some- 
times without  success,  in  efforts  to  secure  or  verify  references.  Miner 
omissions  and  errors  doubtless  are  numerous;  major  defects,  it  is 
hoped,  are  few. 

The  compiler,  as  ignorant  of  economics  as  of  history,  has  worked 
on  this  Source  Book  until  the  law  of  diminishing  returns  was  ob- 
viously in  full  operation.  Accordingly,  the  compilation  is  now  com- 
mitted to  the  press  in  the  faint  hope  that  the  generous  blindness 
of  those  who  consult  it  will  henceforth  conceal  most  of  its  imperfec- 
tions. 

H.  Y.  B. 
University  of  Texas,  Sept.  1.  1918. 


ABBREVIATIONS 

The  abbreviations  used  are  in  most  cases  self  explanatory.  H.  J. 
and  H.  B.  stand  for  House  Journal  and  House  Bill,  respectively; 
S.  J.  and  S.  B.  for  Senate  Journal  and  Senate  Bill.  H.  J.  R.,  S.  J. 
R.,  H.  C.  R.,  S.  C.  R.,  stand  for  House  or  Senate  Joint  or  Concur- 
rent Resolution.  S.  H.  B.  and  S.  S.  B.  are  used  occasionally  for 
Substitute  House  and  Senate  Bill,  respectively.  F.  C.  C.  is  some- 
times used  for  Free  Conference  Committee,  S.  G.  A.  for  the  State 
Gazette  Appendix.  G.  refers  to  the  well  known  Gammel's  Laws  of 
Texas  and  Lane  to  John  J.  Lane's  History  of  the  University  of 
Texas,   1891. 

The  following  Journals  have  not  been  seen:  , 

Senate  Journal,  Adjourned  Session,  Second  Congress. 
House  and  Senate  Journals,  Fourth  Congress. 
House  Journal,   Sixth   Congress. 
Senate  Journal,  Extra  Session,  Ninth  Congress. 
Senate  Journal,  Called  Session,  Fourth  Legislature. 
House  Journal,  Regular  Session,  Ninth  Legislature. 
House  Journal,  Extra  Session,  Ninth  Legislature. 
House  Journal,  Regular  Session,  Tenth  Legislature. 
House  and  Senate  Journals,  Extra  Sessions,  Tenth  Legislature. 
House  and  Senate  Journals,  Provisional  Sessions,  Twelfth  Legisla- 
ture. 


A  Source  Book  of  the  University  of  Texas 


TABLE  OF  CONTEXTS 

LEGISLATIVE  SOURCES — 

Constitution  of  Coahuila  and  Texas,  1827 1 

Declaration  of  Independence,  1836 2 

Constitution    of   the    Republic   of    Texas,    1836 ' 2 

Second  Congress,  Regular  Session,  1837 2 

Second  Congress,  Adjourned  Session,  1838 2 

Third  Congress,  Regular  Session,  1838-1839 3 

Fourth  Congress,  Regular  Session,   1839-40 17 

Constitution   of  the  State  of  Texas,  1845 17 

First  Legislature,  Regular  Session,    1846 IS 

Third  Legislature,  Regular  Session,    1849-50 19 

Fourth  Legislature,   Regular  Session,  1851-5  2 21 

Fifth  Legislature,  Regular  Session,  1853-54 22 

Sixth    Legislature,   Regular    Session,    1855-56 "_.". 

State  Gazette  Appendix,  Vol.  1,  Part  1 25-4  6 

Sixth  Legislature,  Adjourned   Session,  1856 46 

State  Gazette  Appendix,  Vol.  1.  Part  II 50-61 

Seventh  Legislature,   Regular   Session,    1857-58 65 

State  Gazette  Appendix.  Vol.  2 87-170 

Eighth    Legislature,    Regular    Session,    1859-60 173 

Eighth  Legislature,  Called  and  Adjourned  Called  Sessions,  1861  178 

Secession  Convention  of  Texas,  1861 182 

Constitution  of  1861 185 

Ninth    Legislature,   Regular    Session,    1861-62 185 

Tenth  Legislature,   Regular  Session,    1863 187 

Reconstruction   Convention,    1866 188 

Constitution  of  Texas,  1866 192 

Ordinances  of  the  Constitution  of  1866 193 

Eleventh    Legislature,   Regular    Session,    1866 195 

Reconstruction   Convention,   First  Session,    1868 204 

Constitution    of  Texas,    1869 206 

Twelfth  Legislature,  Called  Session,  1870 207 

Twelfth    Legislature,    First    Called    Session,    1871 209 

Twelfth  Legislature,  Adjourned  Session,   1871 211 

Thirteenth   Legislature,  Regular  Session,    1873 212 

Fourteenth  Legislature,  Regular  Session,  1874 214 

Fourteenth  Legislature,  Called  Session,   187  5 2  2  2 

Constitutional    Convention,    1875 226 

Constitution  of  Texas,   187  6 233 

Fifteenth  Legislature,  Regular  Session,  187  6 235 

Sixteenth  Legislature,  Regular  Session,   1879 238 

Sixteenth    Legislature,   Called   Session,    187  9 245 

Seventeenth  Legislature,  Regular  Session,  1881 ~\~ 


x  University  of  Texas  Bulb  tin 

Seventeenth    Legislature,    Called    Session,    1882 264 

Eighteenth   Legislature,    Regular  Session,  1883 297 

Eighteenth  Legislature,  Called  Session,   1  884 314 

Nineteenth  Legislature,  Regular  Session,    1885 316 

Twentieth   Legislature,  Regular  Session,  1887 339 

Twentieth   Legislature,    Called  Session,    1888 352 

Twenty-first    Legislature,    Regular    Session,    1889 3  54 

Twenty-second    Legislature,    Regular    Session,    1891 365 

Twenty-third  Legislature,  Regular   Session,    1893 375 

Twenty-fourth   Legislature,   Regular   Session,   1895 390 

Twenty-fourth   Legislature,   Called   Session,    1895 398 

Twenty-fifth  Legislature,   Regular  Session,  1897 398 

Twenty-fifth  Legislature,  Called  Session,   1897 405 

Twenty-sixth  Legislature,   Regular  Session,    1899 410 

Twenty-sixth    Legislature,   Called   Session,    1900 419 

Twenty-seventh   Legislature,  Regular   Session,    1901 421 

Twenty-seventh    Legislature,    First   Called   Session,    1901 426 

Twenty-seventh    Legislature,   Second    Called    Session,    1901....  427 

Twenty-eighth    Legislature,    Regular    Session,    1903 429 

Twenty-eighth  Legislature,  First  Called  Session,   1903 434 

Twenty-ninth   Legislature,    Regular  Session,    1905 .  436 

Twenty-ninth    Legislature,  First  Called   Session,    1905 441 

Thirtieth   Legislature,    Regular   Session,   1907 443 

Thirty-first  Legislature,  Regular  Session,    1909 •. 448 

Thirty-first   Legislature,    First   Called   Session,    1909 453 

Thirty-first   Legislature,    Second  Called    Session,    1909 455 

Thirty-first  Legislature,  Third  Called  Session,   1910 461 

Thirty-second  Legislature,  Regular  Session,   1911 461 

Thirty-second   Legislature,   First   Called   Session,   1911 471 

Thirty-third    Legislature,    Regular    Session,    1913 475 

Thirty-third    Legislature,    First    Called    Session,    1913 496 

Thirty-fourth   Legislature,  Regular  Session,    1915 501 

Thirty-fourth    Legislature,    First    Called    Session,    1915 516 

Thirty-fifth   Legislature,    Regular    Session,    1917 518 

Thirty-fifth   Legislature,  First  Called  Session,   1917 534 

Thirty-fifth   Legislature,    Second   Called    Session,    1917 548 

Thirty-fifth  Legislature,   Third  Called  Session,  1917 556 

Thirty-fifth  Legislature,  Fourth  Called  Session,  1918 563 

OTHER  SOURCES — 

Reports  of  the  Attorney  Generals  of  Texas 570 

Opinions  of  the  Attorney  Generals 572 

University  Location  Election — Form  of  Ticket 572 

University  Location  Election — Proper  Form  of  Ballot 572 

McLennan  County  land  suit  compromised 573 

Act  of  March  6,  1875,  suspends  payment  on  University  lands 

in  Hill  and  McLennan  Counties  only  during  litigation.  ....  573 


A  Source  Book  of  the  University  of  Texas  xi 

Regents  may  extend  tuition  fees  as  they  may  elect •".  7  4 

Matriculation  fees  may  be  used  to  increase  salaries 574 

Comptroller  authorized  to  issue  warrant  to  Dr.  Dabney  for 
extra  work  done  by  him  consequent  upon  the  illness  of  an- 
other professor  in  the  University 575 

Terms  of  A.  and  M.  Directors  are  limited  to  two  years 576 

Donations  do  not  necessarily  become  an  integral  part  of  the 
permanent  fund    576 

An  instructor  in  the  Medical  Department  is  not  entitled  to  pay 
while  in  the  United  States  Army  in  the  Hispano-American 
War    577 

The  Constitution  limits  the  term  of  office  of  all  officers  not 
otherwise  provided  in  the  Constitution  to  two  years 5  77 

The  reasoning  in  and  the  opinion  of  our  Supreme  Court  in 
the  case  of  Kimbrough  vs.  Barnett  applies  to  the  laws 
fixing  the  term  of  office  of  the  Board  of  Regents  of  the 
University    577 

Regents  have  authority  to  purchase  additional  grounds 578 

Mineral  Survey  information  may  not  be  divulged  except  in 
annual  report    578 

Unless  there  is  a  deficiency  in  the  revenue,  a  State  bond  may 
not  be  issued  to  provide  an  investment  for  the  permanent 
University  fund 579 

Board  of  Regents  clothed  with  authority  to  make  necessary 
repairs  to  auditorium  'roof,  the  same  to  be  paid  out  of  the 
appropriation  for  maintenance  of  institution 579 

A  city  attorney  is  eligible  to  appointment  as  a  Regent 57  9 

Appropriation  bill  considered  in  connection  with  anti-nepotism 
bill.     Faculty  of  University  not  affected  by  act 580 

Directors  of  the  A.  and  M.  are  officers 580 

A  bill  levying  a  tax  of  2.70  cents  on  the  $100  of  taxable  values 
for  the  support  and  maintenance  of  the  University  and  1.70 
cents  for  the  A.  and  M.  would  be  constitutional 580 

A  public  officer  in  this  State  cannot  at  the  same  time  hold  a 
position  of  one  of  the  professors  in  the  University  of  Texas   5  82 

Article  2723  of  the  Revised  Statutes  requiring  the  Comptroller 
to  set  aside  annually  from  the  proceeds  of  the  permanent 
fund  of  the  State  University  the  sum  of  $6,000  for  use  of 
the  Prairie  View  State  Normal  is  ineffective 582 

The  provision  in  the  appropriation  bill  of  the  Thirty-third 
Legislature  would  preclude  the  payment  for  repairs  and 
improvements  out  of  the  appropriation  of  $658,300  from 
the  general  revenue 584 

The  proviso  in  which  is  included  the  direction  made  by  the 
Legislature  to  the  board  to  expend  $65,000  for  the  erection 
of  a  nurses'  home  is  a  limitation  on  the  otherwise  general 
discretion  given  the  Board  of  Regents S85 


xii  University  of  Texas  Bulletin 

Teacher  appointments  committee  is  not  a  private  employment 
agency,  and  is  not  subject  to  Chapter  108  of  the  Acts  of 
the  Thirty-fourth  Legislature,  Regular  Session 586 

The  Regents  have  power  to  make  changes  within  the  total  of 
the  Appropriation  bill 587 

The  Board  of  Regents  of  the  University  of  Texas  when  con- 
tracting for  the  construction  of  a  building  may  take  into 
consideration  not  only  the  amount  of  money  on  hand  to 
the  credit  of  the  available  University  fund,  but  may  also 
consider  the  amount  of  money  that  will  be  received 588 

By  the  terms  of  Section  1,  Chapter  2  2,  Acts  First  Called 
Session  of  the  Thirty-third  Legislature  certain  limitations 
are  placed  upon  the  right  of  the  Regents  of  the  University 
to  contract  for  the  erection  of  buildings 589 

There  is  nothing  in  the  treaties  between  the  United  States 
and  the  countries  named  which  conflicts  with  the  right  of 
the  Board  of  Regents  to  remove  any  of  the  professors 
named  because  they  are  aliens 589 

Procedure  of  removal  discussed 590 

Veto  of  University  appropriation 592 

The  Board  of  Regents  of  the  State  University  is  not  author- 
ized to  pay  from  appropriations  made  by  the  Legislature 
to  maintain  the  University,  an  attorney's  fee  incurred  by 
certain  members  of  the  Board  of  Regents  in  defense  of  a 
suit  brought  against  them  as  individuals 599 

The  Governor  of  the  State  is  without  authority  to  remove  a 
member  of  the  Board  of  Regents  from  office 602 

A  member  of  the  Board  of  Regents  can  only  be  removed  from 
office  for  cause  provided  by  the  Legislature  under  quo  war- 
ranto proceedings 602 

Adjustments  of  salaries  in  the  State  educational  institutions   607 

Use  of  the  available  fund  to  organize  and  maintain  a  training 
school    for    automobile    mechanics    for    the    United    States 

Army    612 

Decisions  of  the  Supreme  Court 614 

Reports  of  the  Commissioner  of  the  General  Land  Office 617 

Reports  of  the  Comptroller  of  Public  Accounts 630 

Reports  of  the  State  Board  of  Education  and  of  the  State  Super- 
intendent   of    Public    Instruction     •. 633 

The  Texas  Journal  of  Education,  1880-1882 662 

Letter  of  Comptroller  Darden. 

The  University  of  Texas;    Oscar  H.  Cooper. 

Texas  University  [Views  of  Ashbel  Smith]. 

Organization  of  the  University. 

Schools — Elementary  Normal  and  University. 

Dr.  Ashbel  Smith's  Views  in  Reference  to  Faculty. 

Didactics   in   Our  State  University. 

Letter  from  Ashbel  Smith. 


A  Source  Book  of  the  University  of  Texas  xiii 

Proceedings  of  the  Texas  State  Teachers'  Association 692 

Platforms    of   Political    Parties 709 

Bulletins  of  the  University  of  Texas 721 

Letter  of  Comptroller  Brown. 

Letter  of  Land  Commissioner  Walsh. 

Opinion  by  R.  S.  Gould. 

Constitution  of  1875.      S.  B.  Maxey. 

Faculty  Address:   Roberts. 

The  Constitution  and  the  University:    Lewis. 
Quarterly  of  the  Texas  State  Historical  Association 741 

Roberts'  History  of  the  Establishment  of  the  University. 
Southwestern    Historical    Quarterly     749 

Allen's  Reminiscences. 
Lane,  History  of  the  University  of  Texas,  1891 751 

Land  Commissioner  Walsh's  Statement. 

Letter  of  Comptroller  Wm.  J.   Swain. 

Issue  as  to  Regents  Term  of  Office. 

The  Alcalde 755 

Letter   of   Dr.    Oscar  H.    Cooper 7  57 

Texas  Almanac 7  62 

Miscellaneous 7  64 

Address  to  the  people. 

Texas  and  Texans. 

Six  Decades  in  Texas. 
A  BIBLIOGRAPHY  OP  ADDITIONAL  MATERIAL  RELATING 

TO  THE  HISTORY  OF  THE   UNIVERSITY  OF  TEXAS.  .  .  .    767 

I.      List    of    Serial    Publications 767 

A.      Official    Publications    767 

A      I.  Bulletins  of  the  University  of  Texas   7  67 

a.  Reports  of  the   Board  of  Re- 

gents. 

b.  Faculty  Reports. 

c.  Annual  Catalogues. 

d.  Summer  School  Catalogues. 

e.  The  Record. 

f.  Miscellaneous  Bulletins. 

g.  Press  or  News  Bulletins. 

A   II.   Other    Serials    7  7S 

a.  Educational     Notes,     Weekly 

News  Letter. 

b.  Interscholastic  Leaguer. 

c.  Texas    Journalist,     University 

Reporter. 

d.  Texas  Review. 

B.      Alumni    Publications    "SO 

a.     The  Alcalde. 


xiv  University  of  Texas  Bulletin 

C.      Student  Publications    782 

a.  The  Texas  University  Monthly 

Magazine. 

b.  The  Cactus. 

c.  The     Texas      Weekly,      the 

Norther. 

d.  The  Alcalde,  the  Ranger,  the 

Calendar,  the  Texan. 

e.  The  Peripatos,  the  Peripatos- 

Coyote. 

f.  The  Coyote,  the  Longhorn. 

g.  The  Blunderbuss,  the  Campus 

Record,  the  Commoner. 

II.      List  of  Books  and   Pamphlets 787 

III.      List  of  Articles  in   Serials 7  92 

STATISTICAL  TABLES 805 

Table  I:      Number   of    Students    in   the    Long    Session,    by 

Department  and  Sex 806 

Table  II:      Number  of  Students  in  the  Summer  Session  and 

Correspondence    Division     808 

Table  III:      Old  and  New  Students:      Return  Percentages, 

Main  University,  Long  Session    809 

Table  IV:      Ages  of  Students,   Main  University 810 

Table  V:      Nativity  of  Students    810 

Table  VI:      Residence   of  Long   Session  Students 811 

Table  VII:      Self-supporting  Students    812 

Table  VIII:      Church  Affiliations  and  Preferences 813 

Table   IX:      Occupations  of  Parents  or  Guardians  of   Stu- 
dents   814 

Table  X:      Modes  of  Admission 816 

Table  XI:      Number  of  Affiliated  Schools 816 

Table     XII:      Student  Registration  and  Number  of  Courses 
Given;  Classified  by  Subjects  into  Freshman,  Sophomore, 

and  Upper  Classes,  Main  University,  Long  Session.  .817,  818 
Table  XIII:      Subject   Registrations   in   Percentages,    Main 

University,  excluding  Law    819 

Table  XIV:      Degrees  Conferred,    1883-1918 820,  821 

Table  XV:      Number    in    the  Faculty 822 

Table  XVI:      Number    of    Students    in    Long    Session    per 

Teacher 823 

Table  XVI:      Averages  of  Faculty  Salaries 823 

Table  XVIII:      Income  by  Years,   Classified 8  24 

Table   XIX:      Expenditures  by  Years,  Classified 826 

Table  XX:      Total  Income  and   Expenditure,    1883-1917..  827 

Table     XXI:      Quinquennial    Instruction    Costs    828 

Table  XXII:      University    Permanent    Fund 829 


A  Source  Book  of  the  University  of  Texas  xv 

Table  XXIII:      Lands:    Endowment    831 

Table  XXIV:      Assets,  September   1,    1917 832 

Table  XXV:      Growth  of  the  Library 834 

Table   XXVI:      Regents  of  the  University 83  5 

Errata    838 

INDEX 839 

I.  Subjects    839 

II.  Names    845 

III.  Ferguson-University   Controversy    851 


LEGISLATIVE   SOURCES 


COXSTITK  1()\    DE  COAHUILA   V  TEXAS,   JS27 

Laws   and   Decrees    of    State    of    Coaliuila    and    Texas,    pp.  341-:$4"J; 

G.  I.  451-452: 

Titulo  VI,   Section  Ulrica.      De  la  Instruction  Publica 

Art.  215.  En  todos  los  pueblos  del  estado  se  estableceran  en 
numero  competente  escuelas  de  primeras  letras  en  que  s-g  ensefiara 
a-leer,  escribir  y  contar  el  catecismo  de  la  religion  cristiana,  una 
breve  y  sencilla  esplicacion  de  esta  constitucion  y  la  general  de  la 
republica,  los  derechos  y  deberes  del  hombre  en  sociedad.  y  lo  mas 
que  pueda  conducir  a  la  mejor  educacion  de  ia  juventud. 

Art.  216.  En  los  lugares  en  que  convenga  se  pondra  tambien,  a 
proporcion  que  las  circumstancias  lo  vayan  permitiendo,  los  estab- 
licimientos  de  instruccion  mas  necesario.-  para  proporcionar  la  en- 
senanza  publica  de  la  cieneias  y  artes  utiles  al  estado,  y  en  ellos  se 
esplicaran  con  toda  estension  las  citadas  constituciones. 

Art.  217.      El  metodo  de  enseiianza  sera  uniforme  en  todo  el  estado 
y  a  este  fin  y  para  facilitarla,  formara  el  congreso  un  plan  general 
de  instruccion   publica,  y  arreglara   por   medio   de  estatutos  y  leyes 
cuanto  pertenezca  a  este  importantisimo  objecto. 
Translation 

Title  VI.      Public   Education 

Art.  215.  In  all  the  towns  of  the  state  a  suitable  number  of  pri- 
mary schools  shall  be  established,  wherein  shall  be  taugh';  reading, 
writing,  arithmetic,  the  catechism  of  the  christian  religion,  a  brief 
and  simple  explanation  of  this  constitution,  and  that  of  the  republic, 
the  rights  and  duties  of  man  in  society,  and  whatever  else  may  con- 
duce the  better  education  of  youth. 

Art.  216.  The  seminaries  most  required  for  affording  the  public 
the  means  of  instruction  in  the  sciences,  and  arts  useful  to  the  state; 
and  wherein,  the  aforementioned  constitutions  shall  be  fully  ex- 
plained, shall  be  established  in  suitable  places,  and  in  proportion 
as  circumstances  go  on  permitting. 

Art.  217.  The  method  of  teaching  shall  be  uniform  throughout 
the  state,  and  with  this  view,  also  to  facilitate  the  same,  congress 
shall  form  a  general  plan  of  public  education,  and  regulate  by  means 
of  statutes  and  laws  all  that  pertains  to  this  most  important  object. 


2  University  of  Texas  Unlit  tin 

DECLARATION  OF  INDEPENDENCE,  MARCH  2,   1830. 

Laws  of  the  Republic  of  Texas,  Vol.   I,  p.  5;   G.  1,  p.  1065 

It  has  failed  to  establish  any  public  system  of  education,  although 
possessed  of  almost  boundless  resources  (the  public  domain,)  and 
although  it  is  an  axiom  in  political  science,  that  unless  a  people  are 
educated  and  enlightened,  it  is  idle  to  expect  the  continuance  of 
civil  liberty,  or  the  capacity  of  self-government. 

CONSTITUTION  OP  THK  REPUBLIC  OF  TEXAS,  March  17,   1836. 

Ibid.  Vol.  1,  p.  18;   G.  1,  p.   1078 

General  provisions. 

Sec.  5.  It  shall  be  the  duty  of  congress,  as  soon  as  circumstances 
will  permit,  to  provide  by  law,  a  general  system  of  education. 

SECOND  CONGRESS,  REGULAR  SESSION,  NOVEMBER  6, 
TO  DECEMBER  19,  1837. 

PROCEEDINGS  IN  THE  CONGRESS 
Monday,  Nov.  20,  1837;  H.  J.,  p.   143. 

Mr.  Douglass  introduced  a  bill  to  incorporate  the  University  of 
Texas;    read  a  first  time. 

SECOND    CONGRESS.    ADJOURNED    SESSION.    APRIL   9. 
TO  MAY  24,  1838. 

PROCEEDINGS  IN  THE  CONGRESS 

Friday,  April   13,    1838;    H.  J.,  p.   7 

An  act  to  establish  the  University  of  Texas  was  referred  to  a 
select  committee  consisting  of  Messrs  Rusk,  Sutherland  and  Jones, 
of  Austin. 

Friday.  May  11,  1838;   H.  J.,  p.  108 

The  bill  [proposing  to  locate  the  Seat  of  Government  on  Eblin's 
League  on  the  Colorado  River  near  LaGrange]  for  the  permanent 
location  of  the  seat  of  government  was  read  a  second  time. 

Friday,  May  11,  1838;  H.  J.,  p.  109 

On  motion  of  Mr.  Jones  of  Brazoria  it  was  amended  so  as  to  read 
for  a  "u[n]iversity." 

[The  original  bill  is  not   now  to  be  found.] 


A  Source  Book  of  the  University  of  Texas  8 

THIRD  CONGRESS,   REGULAR  SESSION,   NOVEMBER  5, 
1838,  TO  JANUARY  24,  1839. 

MESSAGE  OF  PRESIDENT  MTOABEATJ    B.   LAMAR. 

Thursday,  Dec.  20,  1838;  H.  J.  pp.  108-170 

Education  is  a  subject  in  which  every  citizen  and  especially  every 
parent  feels  a  deep  and  lively  concern.  It  is  one  in  which  no  jarring 
interests  are  involved,  and  no  acrimonious  political  feelings  excited; 
for  its  benefits  are  so  universal  that  all  parties  can  cordially  unite 
in  advancing  it.  It  is  admitted  by  all,  that  cultivated  mind  is  the 
guardian  genius  of  democracy,  and  while  guided  and  controlled  by 
virtue,  is  the  noblest  attribute  of  man.  It  is  the  only  dictator  that 
freemen  acknowledge,  and  the  only  security  that  freemen  desire. 
The  influence  of  education  in  the  moral  world,  is  like  [light]  in  the 
physical,  rendering  luminous  what  was  before  obscure.  It  opens  a 
wide  field  for  the  exercise  and  improvement  of  all  the  faculties  of 
man,  and  imparts  vigor  and  clearness  to  those  important  truths  in 
the  science  of  government,  as  well  as  of  morals,  which  would  other- 
wise be  lost  in  the  darkness  of  ignorance.  Without  its  aid,  how 
perilous  and  insufficient  would  be  the  deliberations  of  a  Govern- 
ment like  ours?  How  ignoble  and  useless  its  legislation  for  all  the 
purposes  of  happiness?  How  fragile  and  insecure  its  liberties? 
War  world  be  conducted  without  the  science  necessary  to  insure 
success,  and  its  bitterness  and  calamities  would  be  unrelieved  by 
the  ameliorating  circumstances  which  the  improved  condition  of 
man  has  imparted  to  it.  And  peace  would  be  joyless,  because  its 
train  would  be  unattended  by  that  civilization  and  refinement  which 
alone  can  give  zest  to  social  and  domestic  enjoyments,  and  how  shall 
we  protect  our  rights  if  we  do  not  comprehend  thsm?  And  can  we 
comprehend  them  unless  we  acquire  a  knowledge  of  the  past  and 
present  condition  of  things,  and  practice  the  habit  of  enlightened 
reflection?  Cultivation  is  as  necessary  to  the  supply  of  rich  intel- 
lectual and  moral  fruits,  as  are  the  labors  of  the  husbandman  to 
bring  forth  the  valuable  productions  of  the  earth.  But  it  would 
be  superfluous  to  offer  to  this  Honorable  Congress  any  extended  ar- 
gument to  enforce  the  practical  importance  of  this  subject.  I  feel 
fully  assured  that  it  will,  in  that  liberal  spirit  of  improvement  which 
pervades  the  social  world,  lose  not  the  present  auspicious  oppor- 
tunity to  provide  for  literary  institutions,  with  an  influence  com- 
mensurate with  our  future  destinies.  To  patronize  the  general  dif- 
fusion of  knowledge,  industry  and  charity,  has  been  near  the  heart 
of  the  good  and  wise  of  all  nations,  while  the  ambitious  and  the 
ignorant  would  fain  have  threatened  a  policy  so  pure  and  laudable. 
But  the  rich  domes  and  spires  of  edifices,  consecrated  to  these  ob- 
jects,  which  are  continually  increasing  in  numbers,   throwing  their 


4  University  of  Texas  Bulletin 

scenic  splendor  over  civilization,  and  attesting  the  patriotism  of 
their  founders,  shew  that  this  unhallowed  purpose  has  not  been  ac- 
complished. Our  young  Republic  has  been  formed  by  a  Spartan 
spirit.  Let  it  progress  and  ripen  into  Roman  firmness,  and  Athen- 
ian gracefulness  and  wisdom. — Let  those  names  which  have  been 
inscribed  on  the  standard  of  her  national  glory,  be  found  also  on 
the  page  of  her  history,  associated  with  that  profound  and  enlight- 
ened policy  which  is  to  make  our  country  a  bright  link  in  that  chain 
of  free  states  which  will  some  day  encircle  and  unite  in  harmony 
the  American  continent.  Thus  and  thus  only  will  true  glory  be 
perfected.  And  our  nation,  which  has  sprung  from  the  harsh  trump 
of  war,  be  matured  into  the  refinements  and  the  tranquil  happiness 
of  peace.  Let  me  therefore  urge  it  upon  you,  gentlemen,  not  to 
postpone  the  matter  too  long.  The  present  is  a  propitious  moment 
to  lay  the  foundation  of  a  great  moral  and  intellectual  edifice,  which 
will  in  after  ages  be  hailed  as  the  chief  ornament  and  blessing  of 
Texas.  A  suitable  appropriation  of  lands  to  the  purpose  of  general 
education,  can  be  made  at  this  time  without  inconvenience  to  the 
Government  or  the  people;  but  defer  it  until  the  public  domain 
shall  have  passed  from  our  hands,  and  the  uneducated  youths  of 
Texas  will  constitute  the  living  monuments  of  our  neglect  and  re- 
missness. To  commence  a  liberal  system  of  education  a  few  years 
hence  may  be  attended  with  many  difficulties.  The  imposition  of 
taxes  will  be  necessary.  Sectional  jealousies  will  spring  up;  and 
the  whole  plan  may  be  defeated  in  the  conflict  of  selfishness;  or  be 
suffered  to  languish  under  a  feeble  and  inefficient  support;  a  lib- 
eral endowment  which  will  be  adequate  to  the  general  diffusion  of 
a  good  rudimental  education  in  every  district  of  the  Republic,  and 
to  the  establishment  of  a  university  where  the  highest  branches  of 
science  may  be  taught,  can  now  be  effected  without  the  expenditure 
of  a  single  dollar.  Postpone  it  a  few  years,  and  millions  will  be 
necessary  to  accomplish  the  great  design 

[From  the  first  paragraph  of  the  message.] 

PROCEEDINGS  IN  THE  CONGRESS 

Nov.  22,   1838;   File  1049,  Legislative  Documents,  Consultation  and 
Congressional:      Office  of  the  Secretary  of  State 

J.  R.  60.    By  Mr.  Dunn   (?) 

To  grant  two  leagues  of  land  to  each  county  for  education. 
Referred  to  a  special  committee. 


A  Source  Book  of  the  University  of  Texas  5 

December  4,  1838;  File  1961,  ibid. 

H.  B.   34.      By  Mr.    (?) 

To  encourage  education  and  grant  four  leagues  of  land  to  each 
county  for  its  support. 

Read. 

January  4,   1839;   H.  J.  pp.  270-280 

Mr.'  Cullen,  from  the  committee  on  education,  made  the  following 
report: 

[See  p.  744  for  a  statement  regarding-  the  authorship  of  this  report.] 

The  committee  to  whom  was  referred  the  subject  of  education  as 
well  as  that  part  of  the  President's  message  relative  to  the  sam*. 
have  not  been  able  to  devote  that  time,  and  bestow  that  reflection 
upon  the  subject  which  the  importance  demands.  Your  committee, 
however,  trust  that  the  report  they  now  submit  for  your  considera- 
tion will  prove  satisfactory;  or,  as  has  been  justly  remarked  by  the 
President,  "the  influence  of  education  in  the  moral  world  is  like 
light  in  the  physical,  rendering  luminous  what  was  before  ob- 
scure." It  opens  a  wide  field  for  the  exercise  and  improvement  of 
all  the  faculties  of  man,  and  it  imparts  vigor  and  clearness  to  those 
important  truths  in  the  science  of  government,  as  well  as  of  morals, 
which  otherwise  would  be  lost  in  the  darkness  of  ignorance. ["] 
Nothing  is  so  essential  in  a  free  government  as  the  general  diffusion 
of  knowledge  and  intelligence  of  every  kind.  Education  confers 
private  happiness;  it  gives  political  strength  and  importance;  It 
exalts  the  mind,  refines  the  passions,  polishes  the  manners,  and  pro- 
motes virtue;  it  is  the  foundation  of  civil  and  religious  liberty,  and 
constitutes  national  strength  and  glory.  For  it  has  been  truly 
said,  "that  knowledge  is  power,"  and  it  is  to  the  enlightened  in- 
fluences of  education  that  England,  France  and  the  United  States 
of  the  North,  are  indebted  for  the  proud  and  enviable  station  that 
they  now  occupy  among  the  nations  of  the  earth;  and  the  want  of 
education  has  no  doubt  been  the  principal  cause  of  "fair  and  lovely 
Greece,"  once  the  nursery  of  the  arts  and  sciences,  and  proud  Rome, 
once  the  mistress  of  the  world,  being  in  their  present  wretched  and 
oppressed  condition. 

Ignorance  is  the  mother  of  vice  and  superstition;  and  with  its 
concomitant  train  of  evils,  no  doubt,  has  rendered  our  enemies,  the 
Mexicans,  as  weak  and  contemptible  as  they  are. 

Your  committee  views  it  as  one  of  the  first  and  paramount  duties 
of  Congress  to  provide  a  system  of  general  education;  and  although 
it  is  not  in  our  power  to  carry  into  effect  immediately  a  general 
system,  yet  we  should  lay  the  foundation  while  it  is  in  our  power, 
by  making  suitable  appropriations  of  the  public  domain,  and  setting 
the  same  apart  to  enable  us  so  soon  as  our  situation  will  permit,  to 


6  University  of  Texas  Bulletin 

establish  primary  schools  and  colleges,  where  every  class  can  alike 
receive  the  benefits  and  blessings  of  education. 

Intelligence  is  the  only  true  aristocracy  in  a  government  like 
ours;  and  the  improved  and  educated  mind  has,  and  will  ever 
triumph  over  the  ignorant  and  uneducated  mind;  and  our  separation 
from  Mexico,  and  consequent  revolution,  is  to  be  attributed,  in  a 
great  degree,  to  the  difference  between  the  Texians  and  the  Mexi- 
cans, in  their  mental  culture  and  improvement,  and  consequent 
powers  and  superiority. 

Lsy  recurring'  to  our  declaration  of  independence,  your  committee 
find  the  following,  among  other  reasons  assigned,  for  dissolving  our 
connection  with  the  Mexican  government,  viz.:  It  (that  is  the  com- 
bined despotism  of  the  sword  and  the  priesthood  into  which  the 
government  had  settled  down)  has  failed  to  establish  any  public 
system  of  education,  although  possessed  of  almost  boundless  re- 
sources, (the  public  domain.)  And  to  aggravate  this  just  cause  of 
grievance,  it  is  declared  to  be  an  axiom  in  political  science  that 
unless  a  people  are  educated  and  enlightened,  it  is  idle  to  expect 
the  continuance  of  civil  liberty,  or  capacity  for  self-government. 

Your  committee,  after  calm  and  deliberate  reflection  on  the  sub- 
ject, and  aided  by  the  light  of  history,  see  no  cause  to  pollute 
[palliate]  the  criminal  negligence  of  the  despotic  government  of 
Mexico  during  our  connection  with  it,  in  failing  to  appropriate  the 
ample  means  at  its  command  for  the  education  and  enlightening  of 
its  youthful  population;  nor  are  they,  for  a  moment,  disposed  to 
question  the  truth  of  the  axiom  upon  which  this  cause  of  grievance 
i?  based. 

Acquiescing,  therefore,  fully,  both  in  the  cause  of  complaint  and 
in  the  justness  of  the  axiom  from  which  it  arises,  your  committee 
have  been  led  to  inquire  what  has  been  done  to  vindicate  the  sin- 
cerity and  consistency  of  the  people  of  Texas  in  urging  the  above 
reasons  for  dissolving  all  connection  with  the  hateful  and  intolerable 
despotism  of  Mexico,  and  resorting  to  the  experiment  of  self-govern- 
ment? If  we  could  not  secure  the  education  of  our  youth  while 
connected  with  that  people,  for  the  want  of  power  to  control  the 
disposition  of  the  public  domain,  are  we  now,  that  we  have  taken 
this  very  power  into  our  hands,  so  employing  this  domain,  or  any 
portion  of  it,  for  the  promotion  of  domestic  education?  Have  we, 
as  a  people,  acted  as  if  we  verily  felt  the  grievance  of  which  we 
complained,  or  the  truth  of  the  axiom,  "that  unless  people  are 
educated  and  enlightened,  it  is  idle  to  expect  the  continuance  of 
civil  liberty  or  the  capacity  of  self-government?" 

What  must  an  "impartial  world,"  to  whom  we  felt  bound  to  sub- 
mit a  statement  of  our  grievances,  think  when  they  see  none  of 
that  "public  domain,"  which  we  consider  ourselves  justly  to  have 
wrested  from  the  oppressor,  set  apart  for  the  purpose  of  educating 


A  Source  Book  of  the  University  of  Texas  1 

those  whose  interests  we  complained  had  been  grossly  neglected, 
and  see  us  making  no  practical  application  of  one  of  the  most  cer- 
tain maxims  of  political  science?  Does  not  a  regard  to  the  sincerity 
of  our  professions  before  the  world — a  regard  to  consistency  and 
truth,  as  well  as  a  regard  to  the  interests  of  our  country,  demand 
the  prompt  attention  and  efficient  action  of  Congress,  in  relation  to 
this  momentous  subject? 

To  excite  such  attention,  and  to  secure  such  action,  your  committee 
beg  leave  further  to  suggest,  that  although  not  furnished  with  the 
requisite  data  for  any  thing  like  an  accurate  estimate  of  the  number 
of  children  now  in  the  Republic,  and  of  a  suitable  age  to  enjoy  the 
benefits  of  good  schools,  or  of  the  number  absolutely  destitute  of 
such  advantages,  yet  they  are  compelled  to  believe  that  the  propor- 
tion of  the  latter  class  to  the  whole  number  now  in  the  country,  is 
very  great.  Your  committee  see  it  stated  on  what  appears  to  be 
good  authority,  that  in  the  State  of  Pennsylvania  out  of  400,000 
children  of  a  proper  age  to  be  enjoying  the  advantages  of  schools, 
only  250,000  are  in  the  actual  enjoyment  of  such  privileges,  i.  e. 
three-fifths,  or  a  little  more  than  half  the  whole  number  of  chil- 
dren. In  the  States,  West  and  South-west  of  Pennsylvania,  probably 
a  much  smaller  proportion  are  found  in  reach  of  school  instruction. 
And  all  this  destitution,  notwithstanding  the  comparative  age,  and 
tranquillity,  and  dense  population,  and  prosperity  of  those  States. 
What,  then,  must  be  the  absolute  destitution  of  very  much  the 
larger  portion  of  the  youth  of  our  country — scattered  as  they  are, 
and  recent  as  has  been  the  introduction  of  many  of  them— and  ex- 
posed as  they  have  been  to  all  the  vicissitudes  attendant  upon  new 
settlements,  and  the  struggles  of  our  recent  revolution? 

Though  the  present  adult  population  of  Texas  perhaps  contains 
as  much,  if  not  more,  educated  talent  than  the  same  amount  of 
population  in  any  other  country  so  new  on  the  face  of  the  globe; 
yet  this  is  no  criterion  by  which  to  estimate  the  present  advantages 
of  our  native  and  emigrating  youth.  But  a  small  portion  of  the 
educated  talent,  as  yet  in  our  country,  is  of,  native  cultivation. 
Most  of  what  we  now  possess  of  this  indispensable  material  has  been 
lured  hither,  by  the  new  and  promising  field,  so  suddenly  opened 
for  its  employment  by  our  revolution.  Few  of  the  youth  born  and 
fostered  on  our  own  soil  know  anything  of  the  advantages  of  the 
school.  Those  now  growing  up  without  education,  as  well  as  those 
of  the  same  character  who,  with  their  parents,  we  soon  expect  to 
join  us  here,  will  soon  be  beyond  the  reach  of  such  advantages  un- 
less something  is  done,  and  that  speedily,  to  meet  their  wants.  For 
be  it  remembered,  that  the  disproportion  between  the  educated  and 
uneducated  children  in  our  country  will  greatly  increase,  unless 
very  prompt  and  efficient  measures  are  devised  and  prosecuted  to 
prevent  that  increasing  disproportion.      This  disproportion  between 


8  University  of  Texas  Bulletin 

the  adult  and  youthful  parts  of  your  population  will  decrease  as  the 
difference  between  married  and  unmarried  emigrants  to  our  country 
increases.  And  this  will  be  the  case  as  our  country  becomes  secure 
from  the  fear  of  Indian  and  Mexican  depredation.  For  we  have 
thrown  open  our  doors  very  wide.  Already  our  invitations  abound 
almost  to  the  ends  of  the  earth.  We  have  offered  a  wide  field  to 
the  enterprizing — a  noble  theatre  to  the  aspiring — and  a  secure 
asylum  to  the  oppressed.  Our  invitations  have  been  heard  and 
accepted  by  many.  Already  are  the  currents  of  emigration  setting 
this  way;  not  only  from  all  parts  of  the  United  States,  but  also  from 
England,  from  Ireland,  and  Scotland,  and  from  Protestant  Ger- 
many. But  these  currents  will  necessarily  float  in  upon  our  soil 
vast  numbers  of  uneducated  children,  to  swell  the  numbers  already 
here,  and  still  destitute  of  the  means  of  instruction.  And  these 
children,  whatever  may  be  their  character  and  accomplishments, 
will  soon  be  invested  with  all  the  privileges  and  responsibilities  of 
citizens,  of  voters,  and  of  parents.  But  shall  they  receive  the 
knowledge  requisite  to  fit  them  to  sustain  the  dignity  of  citizens, 
and  to  meet  the  responsibilities  of  the  voter  and  parent?  Shall 
they  be  qualified  by  education  of  the  proper  kind — education  of 
the  feelings  as  well  as  intellect,  to  take,  and  maintain,  and  carry 
out  expanded  views  of  their  personal,  social,  civil  and  religious 
obligations?  Such  education  as  shall  render  them  competent  to 
self-government;  and  for  want  of  which  they  will  be  but  the  grovel- 
ling slaves  of  their  mean  and  despicable  passions,  or  the  pliant  tools 
of  the  wily  and  ambitious  demagogues. 

Our  country  has  boundless  sources  of  national  wealth  still  dormant 
in  its  soil,  its  forests  and  its  minerals.  Intellectual  capabilities  for 
developing  these  sources,  will  be  attracted  hither  by  our  invitations 
and  our  pledges;  but  what  will  avail  all  our  resouces  of  wealth  with- 
out the  skill  to  bring  them  out;  or,  if  discovered  and  developed, 
what  would  be  their  advantage  without  the  knowledge  to  appropriate 
them  to  their  legitimate  ends?  And  whence  can  this  knowledge 
and  skill  be  obtained  but  from  the  moral  and  mental  discipline 
which  alone  give  right  reason  its  proper  predominance  over  the  low 
and  vulgar  passions  which  are  cherished  by  ignorance. 

How  is  civil  liberty  to  be  continued,  or  self-government  sustained, 
by  those  who  know  nothing  of  their  principles?  Upon  the  practica- 
ble application  of  the  axiom  already  quoted  does  it  depend  whether 
our  government  shall  be  a  strong,  and  energetic,  and  happy,  and 
permanent  one — a  praise  among  nations;  or,  a  poor,  weak,  rickety, 
despicable,  short-lived  thing — scoffed  and  condemned  by  the  enemies 
and  pitfed  by  the  friends  of  rational  liberty. 

And  whence  is  this  necessary  moral  and  mental  discipline,  and 
the  elementary  knowledge  necessary  to  qualify  the  children  of  free- 
men to  appreciate  the  privileges  and  meet  the  responsibilities  which 


A  Source  Book  of  tht  University  of  Texas  9 

they  must  soon  inherit,  except  in  institutions  conducted  by  those 
who  have  made  the  human  mind  their  study?  As  but  few  parents 
are  qualified,  or  if  they  were,  are  unwilling  to  take  the  time  and 
trouble,  to  educate  their  children,  it  follows,  of  course,  that  if  their 
children  are  educated  at  all,  it  must  be  by  means  of  schools  of 
some  kind. 

Now,    that    there    will    be    schools    as    population    flows    into    our 
country,  and  neighborhoods  are  formed,  there  can  be  no  doubt. 

But  few  parents  will  be  found  who  will  not  be  willing  to  make 
some  effort  to  have  their  children  instructed.  But  what  shall  be  the 
general  character  of  our  institutions  of  elementary  instruction? 
Shall  they  be  such  as  will  really  subserve  the  interests  and  answer 
the  demands  of  education?  Shall  they  be  conducted  by  those  who 
not  only  know  the  value,  and  something  of  the  capabilities  of  mind, 
but  who  also  know  how  to  elicit  and  giv-e  a  proper  direction  to 
those  capabilities?  Or  shall  they  be,  as  has  too  often  and  lamentably 
been  the  case,  but  engines  for  crushing  the  youthful  intellect,  and 
repressing  every  noble  aspiration  of  the  opening  mind,  by  being 
entrusted  to  the  control  of  ignorant  or  vicious  teachers?  The  char- 
acter of  our  schools,  and  the  results  of  all  future  efforts  in  the  cause 
of  popular  education,  your  committee  think,  will  be  very  materially 
affected  by  the  course  which  the  present  Congress  shall  adopt.  And 
the  vital  importance  to  the  future  well-being  and  permanency  of 
our  nation  must  be  our  apology  for  the  length  of  our  report.  We 
wish  not  merely  to  secure  some  action,  prompt,  and  liberal,  and 
efficient,  but  also  intelligent  and  substantially  beneficial  to  our 
posterity  and  to  the  world.  And  may  we  not  learn  something,  and 
profit  something  too,  in  relation  to  our  duty  on  this  subject,  from 
what  we  have  all  seen  in  our  parent  land?  And  is  not  the  present 
the  time  to  profit  by  cur  experience  and  observation  a  to  the 
and  injurious  tendencies  of  most  of  the  common  schools  of  which 
most  of  us  know  anything?  Surely  now  is  the  time,  if  ever,  to 
profit  in  this  way — now,  while  our  government  and  our  institutions 
are  in  their  infancy,  and  society  is  in  its  forming  state. 

To  secure  the  right  kind  of  education  for  our  youth,  it  is  abso- 
lutely necessary  that  the  right  kind  of  teachers  be  secured.  Tin1 
moral  character  and  literary  qualifications  of  the  instructors  of  the 
children  of  our  country,  are  two  points  to  which  too  much  attention 
cannot  be  directed.  The  relation  which  teachers  of  youth  sustain 
both  to  the  taught  and  their  parents,  and  through  these  to 
whole  community,  involves  obligations  on  the  teacher's  part  of  the 
very  highest  moment.  For,  if  the  children  entrusted  to  his  car' 
blessed  with  kind,  and  faithful,  and  intelligent  parents,  it  is  of  the 
utmost  importance  to  the  children  that  the  parental  influence  he 
not  counteracted  by  the  moral  delinquency  of  those  who  are  called 


10  (')iiversity  of  Texas  Bulletin 

in  to  aid  the  parents  in  training  their  offspring  for  the  discharge  of 
the  active  duties  of  life.  And  if  the  children  be  so  unfortunate  as 
to  have  parents  of  a  different  character — either  ignorant  of  parental 
duty,  or  indifferent  to  its  vigorous  and  presevering  discharge,  much 
more  is  it  important  that  this  defect  should  be  as  far  as  possible 
remedied  by  well  conceived  and  well  directed  efforts  of  their  teachers. 
In  every  case,  then,  it  is  of  the  first  importance  that  instructors  of 
children  should  be  disposed,  as  well  as  qualified,  to  educate  the 
feeling,  as  well  as  the  intellect,  of  those  committed  to  their  care. 
But  there  is  no  reason  to  expect  this  from  persons  of  indolent,  or 
irregular,  or  licentious  habits,  or  of  men  of  mercenary  impulses — by 
persons  whose  views  and  aims  are  bounded  by  the  narrow  horizon 
of  interest  or  passion,  seldom  or  never  looking  to,  or  incapable  of 
appreciating  the  dignity  of  the  vocation  which  brings  them  into 
contact  with  the  germs  of  thoughts  and  feelings,  in  minds  upon  the 
proper  culture  of  which  the  usefulness  of  individuals,  the  happiness 
of  families,  yea  the  interests  of  nations,  and  the  destinies  of  eter- 
nity, may,  in  many  important  respects,  so  materially  depend.  And 
yet,  have  we  not  all  seen  persons  of  this  description  by  the  reckless- 
ness or  parsimony  of  parents  and  guardians  of  youth,  thrust  into  this 
interesting  and  responsible  vocation,  or  induced  to  seek  it  that  they 
might  obtain  a  piece  of  bread,  and  a  shelter,  and  a  coat. 

But  the  teaching  profession  needs  equally  to  be  guarded  against 
the  intrusion  of  ignorant  and  incompetent,  as  well  as  vicious 
aspirants.  Persons  who  themselves  have  not  learned  to  think,  how 
shall  they  teach  others  to  think?  Can  those  who  have  received  no 
severe  mental  training  be  expected  to  furnish  such  a  training  to 
others?  Such  teachers,  or  rather  empirics,  may  keep  youth  about 
the  vestibule  of  knowledge,  but  can  never  conduct  them  beyond  the 
threshold  of  mental  accomplishment — and  it  is  idle  to  expect  such  a 
result  from  those  who  themselves  have  never  passed  the  threshold. 
What  we  want,  then,  are  teachers  who  will  appreciate  the  responsi- 
bility of  dealing  with  beings  just  forming  their  character  for  per- 
sonal happiness  and  relative  usefulness.  Teachers  who  shall  be 
qualified  to  train  both  the  intellect  and  heart  of  those  who  are  just 
beginning  to  think  and  feel  on  the  momentous  and  complicated  in- 
terests of  human  life — of  domestic  and  social,  and  civil  and  religious 
privileges  and  duties. 

But  to  secure  such  teachers,  the  teaching  profession  must  take 
a  more  elevated  stand  in  public  estimation.  Its  importance  to  the 
whole  community  must  be  more  generally  felt  and  acknowledged. 
This  will  require  a  corresponding  elevation  of  the  standard  of  pro- 
fessional qualification  in  the  instructors  of  youth.  Such  an  eleva- 
tion as  will  demand  a  degree  of  native  talent,  and  a  severity  and 
extent  of  mental  discipline  and  professional  training  on  the  part  of 


A  Source  Book  of  th (   University  of  Texas  11 

the  teacher  of  youth  hy  no  means  inferior  to  that  required  by  any 
of  the  learned  profession.  In  order  to  this,  inducements  must  be 
held  out  sufficient  to  make  the  teaching  profession  to  be  sought  and 
pursued  by  those  whose  talents  and  accomplishments  would  entitle 
them  to  a  far  higher  rank  in  the  public  estimation  than  has  usually 
been  accorded  to  the  mere  schoolmaster.  This  cannot  be  done  until 
quack  schoolmasters  are  discountenanced — until  they  are  regarded 
with  the  same  disgust  and  odium  which  ought  to  drive  the  empiric 
doctor  and  pettifogging  lawyer  from  every  intelligent  and  refined 
community. 

Congress  has  thought  it  proper  to  protect  the  community,  and 
the  medical  and  legal  professions,  by  special  enactments  requiring 
candidates  for  public  favor  to  sustain  satisfactory  examination,  or 
to  exhibit  suitable  credentials  before  persons  competent  to  judge 
of  professional  qualifications — and  it  is  not  so  much  the  fault  of 
the  laws  as  of  the  guardians  of  those  laws  that  so  many  unworthy 
and  incompetent  persons  are  permitted  to  insinuate  themselves  into 
the  professional  ranks,  and  to  tamper  with  the  lives  and  property  of 
the  people — and  may  not  the  magnitude  of  the  interests  devolving 
upon  the  instructors  of  our  youth  as  reasonably  demand  a  similar 
protection  of  our  national  legislature?  A  board  of  censors  for  par- 
ticular districts,  similar  to  our  boards  of  medical  censors,  by  whom 
all  persons  wishing  to  engage  in  the  business  of  public  instruction 
should  be  closely  and  thoroughly  examined  and  recommended,  would 
seem  to  be  one  means  of  enhancing  the  reputation  of  the  teaching 
profession,  and  of  guarding  the  public  confidence  against  so  fre- 
quent abuse  as  it  has  been  wont  to  suffer. 

But  in  order  to  secure  teachers  of  competent  talents  and  accom- 
plishments, such  as  shall  bring  their  profession  up  to  an  equality 
in  public  estimation  with  the  legal,  clerical  and  medical  professions, 
something  more  substantial  must  be  granted  them  than  legal  pro- 
tection, or  the  honor  their  true  position  in  society  justly  demands 
for  them.  The  emoluments  of  a  vocation  so  laborious  and  respons- 
ible, and  requiring  talents  and  accomplishments,  by  no  means  more 
common  or  easily  attained  than  those  of  any  of  the  learned  profes- 
sions, should  bear  some  proportion  to  those  of  any  of  these  profes- 
sions. 

Until  this  is  the  case,  men  who  may  be  every  way  qualified  for 
the  business  of  instruction,  if  they  engage  in  it  at  all,  it  will  only 
be  as  a  stepping-stone  to  the  more  lucrative  of  the  profession.  They 
will  occupy  this  merely  as  a  vantage-ground  while  they  survey  the 
more  promising  fields  of  literary  and  professional  pursuit;  and  will 
only  occur  till  they  can  secure  something  to  liquidate  past  debts, 
and  to  pay  their  way  while  preparing  for  some  more  lucrative  voca- 
tion.    It  can  not  be  expected  that  ardent  young  men,  whose  prepara- 


12  University  of  Texas  Bulletin 

tory  course  has  been  as  protracted  and  expensive  as  that  of  others, 
will  choose  the  business  of  instructing  youth,  at  a  salary  of  800  or 
$1,000  annually,  while  the  same  talents  and  accomplishments,  if 
devoted  to  the  pursuit  of  medical  or  legal  practice,  promises  from 
3,000  to  $4,000.  With  a  difference  of  pecuniary  advantages  in 
view,  it  can  not  be  expected  that  those  who  are  really  qualified  for 
the  instruction  of  youth  will  continue  in  such  a  business  longer 
than  they  can  avoid  it. 

Then  it  becomes  a  question  of  great  interest,  how  shall  compe- 
tent teachers  be  suitably  compensated  in  our  country?  Shall  the 
matter  be  left  to  the  ability  and  discretion  of  every  neighborhood 
and  district  to  furnish  its  own  teachers;  and  if  they  are  rich  and 
liberal,  or  sufficiently  numerous,  and  desire  it,  to  find  a  good 
teacher  and  pay  him  well,  or  if  they  be  few  and  poor,  however  so- 
licitous they  may  be  to  secure  good  teachers  for  their  children,  yet 
be  obliged  to  employ  those  who  will  serve  them  for  small  salaries; 
or,  if  they  care  nothing  about  the  matter,  shall  nothing  be  done  to 
enlighten  them  on. the  subject  of  parental  duty,  and  to  secure  for 
their  children,  among  vvhom  may  be  found  many  capable  of  becom- 
ing ornaments  to  their  nation  and  blessings  to  their  kind,  and  the 
requisite  instrumentalities  for  involving  and  training  their  latent 
capabilities? 

Or  shall  liberal  appropriations  of  the  public  means  be  secured  to 
every  neighborhood,  which,  together  with  what  the  neighborhood 
may  be  able  to  furnish,  may  be  sufficient  to  secure  the  services  of 
competent  teachers  for  all  the  neighborhoods  in  our  Republic. 

Or,  by  liberal  appropriations  to  a  number  of  the  most  eligible  and 
accessible  points,  secure  the  establishment  of  suitable  literary  in- 
stitutions, at  which  either  a  primary  or  more  extensive  education 
may  be  furnished  at  as  little  expense  as  possible  to  all  classes  of 
the  community  who  may  be  at  all  inclined  to  avail  themselves  of 
the  benefits  of  such  institutions. 

For  our  country,  this  latter  plan  seems  the  most  desirable.  Ow- 
ing to  the  scattered  condition  of  our  population,  but  few  neighbor- 
hoods can  afford,  unassisted,  to  sustain  a  well-qualified  teacher,  of 
course  many  children  must  either  be  sent  from  home  or  remain  des- 
titute of  all  the  advantages  of  schools. 

But  let  such  schools  be  established  as  the  wants  of  the  country 
may  require,  it  suitable  points  where  boarding  can  be  furnished 
cheap,  and  tuition  gratis,  to  those  who  may  be  unable  to  pay  both 
for  board  and  tuition.  Let  great  care  be  taken  in  the  selection  of 
locations,  and  of  teachers,  and  of  superintendents.  Let  these  be 
well  paid  by  the  public,  and  the  public  will  not  lose  by  educating 
its  own  youth  at  home,  where  is  can  be  done,  if  the  proper  exer- 
tions are  made. 


A  Source  Book  of  tin  University  of  Texas  13 

Your  committee,  therefore,  recommend  the  adoption  of  the  fol- 
lowing bill. 

.(Signed)  E.  W.  CULLEN,  Chairman. 

A    BILL 

Entitled  mi  Act  to  appropriate  certain  lauds  for  the  purpose  of  estab- 
lishing a  general  system  of  education. 

Be  it  enacted  by  tin'  Senate,  &c,  &c,  That  each  county  of  this 
Republic  shall  have  three  leagues  of  land  surveyed  and  set  apart 
tor  the  purpose  of  establishing  a  primary  school  or  academy  in  said 
county,  which  land  shall  be  located  and  surveyed  by  the  county  sur- 
veyor, or  his  deputy,  in  each  county,  and  be  paid  the  fees  now  al- 
lowed under  the  land  law,  out  of  the  county  treasury.  Provided 
there  is  that  quantity  of  good  vacant  land  in  the  counties;  and  fur- 
ther provided,  that  said  land  may  be  surveyed  in  any  size  tracts 

Be  it  further  enacted,  &c,  That  where  there  is  not  a  sufficient 
quantity  of  good  land,  that  is  vacant  in  any  county,  the  county  court 
of  such  county,  or  counties,  shall  be,  and  they  are  hereby  empow- 
ered and  required  to  have  surveyed  upon  any  of  the  vacant  lands  of 
this  Republic,  said  quantity  of  land,  and  pay  the  expenses  of  the 
same  out  of  the  county  treasury. 

Be  it  further  enacted,  &c,  That  where  said  lands  are  surveyed, 
in  accordance  with  this  act,  the  surveyor  shall  return  a  correct  de- 
scription of  the  same,  with  the  field  notes  of  the  survey,  to  the 
lerks  of  the  country  courts,  who  shall  record  the  same  and  forward 
a  transcript  of  the  same  to  the  commissioner  of  the  general  land 
office  after  it  is  recorded,  with  his  certificate  and  the  seal  of  office 
thereto  attached.  And  when  the  land  so  surveyed  is  not  situated 
in  the  county  for  which  it  is  surveyed,  the  description  and  field  notes 
shall  be  recorded  in  the  county  where  it  is  surveyed,  as  well  as  the 
county  for  which  it  is  surveyed,  and  recorded  and  forwarded  to  the 
land  office  as  above  described. 

Be  it  further  enacted,  &c,  That  the  President  of  the  Republic  be, 
and  he  is  hereby  authorized  and  required  to  appoint  a  surveyor, 
and  have  surveyed,  on  and  from  any  of  the  vacant  lands  of  this  Re- 
public twenty  leagues  of  land,  which  is  to  he  set  apart,  and  is  hereby 
appropriated  for  the  establishment  and  endowment  of  two  colleges 
or  universities,  hereafter  to  be  created,  one  to  be  established  in  the 
Eastern  and  the  other  in  the  Western  part  of  Texas.  And  that  the 
President  is  hereby  authorized  to  draw  upon  the  Treasury  of  this 
Republic  for  such  sum  or  sums  of  money  as  it  may  be  necessary  for 
defraying  the  expenses  to  be  incurred  by  locating  and  surveying 
said  lands. 


14  University   of  Texas  Bulletin 

Be  it  further  enacted,  &c,  That  said  surveyor,  so  appointed,  shall 
make  out  a  complete  description  of  the  lands  so  surveyed,  and  a 
neat  and  correct  map  of  the  same,  and  deposit  them,  together  with 
the  field  notes,  in  the  general  land  office  of  this  Republic;  and  shall 
also  take  and  describe  to  this  oath  or  affirmation:  "I,  A.  A.  do 
solemnly  swear  (or  affirm)  that  I  have  well  and  truly  discharge[dl 
my  duties  to  the  best  of  my  knowledge,  skill  and  ability;  and  that 
the  field  notes  and  description  of  said  land  are  as  correct  as  I  could 
make  them,  so  help  me  God."  Which  said  oath  is  to  be  taken  be- 
fore a  chief  justice  of  the  county  court,  and  deposited  in  the  land 
office.  And  the  surveyors  of  the  different  counties  to  survey  the 
lands  contemplated  by  this  act,  shall  take  and  subscribe  the  same 
oath,  which  shall  be  recorded  in  the  clerk's  office  of  the  county 
court. 

Be  it  further  enacted,  &c,  That  none  of  the  land  appropriated 
and  set  apart  by  this  act  for  the  purpose  of  education,  shall  be  dis- 
posed of  in  any  manner,  except  by  lease,  until  the  expiration  of  three 
years;  and  none  of  said  land  shall  be  disposed  of  by  lease  for  a 
longer  time  than  three  years. 

Which  was  received  and  adopted,  and  the  bill  read  a  1st  time. 

Jan.    9,    1839;    H.   J.    pp.   316-318 

On  motion  of  Mr.  Cullen,  the  bill  entitled  an  act  appropriating 
certain  lands  therein  named  for  the  establishment  of  public  schools, 
was  taken  up,  and  read  a  2d  time. 

On  motion  of  Mr.  Kaufman,  the  clerk  proceeded  to  read  the  bill 
section   by  section. 

Mr.  Jenkins  moved  to  adjourn  until  to-morrow  morning  at  10 
o'clock;     lost. 

Section  1st.      Mr.  Jones  offered  the  following  amendment,  to  wit: 

Except  the  counties  that  have  already  received  a  donation  of  land 
for  the  purpose  of  education,  or  those  counties  in  which  there  may 
be  a  town,  which  under  the  colonization  laws,  have  already  re- 
ceived or  are  entitled  to  four  leagues  of  land. 

Mr.  Cullen  moved  for  the  previous  question;  which  motion  was 
withdrawn. 

Mr.  Cook  then  offered  the  following  substitute  to  the  amendment 
proposed  by  Mr.  Jones,  to  wit: 

Provided,  however,  the  counties  to  whom  donations  of  land  have 
been  made,  shall  still  have  the  land  appropriated,  as  much  as  three 
leagues  of  land  which  have  not  yet  been  used,  or  granted  to  cor- 
porations or  county  purposes;  provided,  moreover,  if  any  counties 
have  not  yet,   undisposed   of,   three   leagues  of  land,   this  act  shall 


A  Source  Book  of  the  University  of  Texas  15 

grant  to  the  same  a  sufficient  quantity  of  land  to  make  the  leagues 
certain,  the  provisions  of  this  act. 


The  bill  donating  lands  for  the  establishment  of  public  schools 
was  resumed. 

Mr.  Cullen  moved  to  reject  the  substitute  proposed  to  the  amend- 
ment. 

Whereupon,  the  substitute  and  the  amendment  was  withdrawn. 

Mr.  Jenkins  moved  to  adjourn  until  to-morrow  morning,  at  10 
o'clock;    lost. 

The  bill  was  resumed. 

Section  4th.      Mr.  Holmes  moved  to  strike  out  "twenty,"  carried. 

Mr.  Cook  moved  to  adjourn  until  to-morrow  morning,  at  10 
o'clock;    lost. 

The  bill  was  again  taken  up. 

Mr.  Holmes  moved  to  insert  "fifty["];   carried. 

Mr.  Baker  moved  to  strike  "out  one  to  be  established  in  Eastern 
Texas  and  the  other  in  Western  Texasf"]  ;    motion  carried. 

Mr.  Tower  moved  to  adjourn  until  to-morrow  morning,  at  10 
o'clock;    lost. 

Mr.  Cullen  moved  for  the  previous  question. 

Which  motion  the  Speaker  decided  to  be  out  of  order.      , 

Mr.  Cullen  moved  to  engross  the  bill  for  a  3d  reading,  and  at  the 
same  time  moved  for  the  previous  question. 

The  main  question  being  put,  shall  the  bill  pass?  was  decided  in 
the  affirmative. 

The  main  question  on  the  question  for  the  engrossment  of  the 
bill  being  put,  was  carried. 

On  motion,  the  House  adjourned  till  to-morrow  morning,  10 
o'clock. 

LAWS 

Pp.    135-136;    G.  2,   pp.   135-136 

AN  ACT  Entitled  an  act  appropriating  certain  lands   for  the  estab- 
lishment of  a  general  system  of  Education. 

Section  4.  Be  it  further  enacted,  That  the  President  of  the  Republic 
be  and  he  is  hereby  authorized  and  required  to  appoint  a  sur- 
veyor and  have  surveyed  on  and  from  any  of  the  vacant 
lands  of  this  Republic,  fifty  leagues  of  land,  which  is  to  be  set 
apart  and  is  hereby  appropriated  for  the  establishment  and  endow- 
ment of  two  Colleges  or  Universities,  hereafter  to  be  created;  and 
that  the  President  is  hereby  authorized  to  draw  upon  the  Treasury 
of  this  Republic  for  such  sum  or  sums  of  money  as  may  be  neces- 


16  University  of  Texas  Bulletin 

sary  for  defraying  the  expenses  to  be  incurred  by  locating  and  sur- 
veying said  lands. 

Section  5.  Be  it  further  enacted,  That  said  surveyor  so  appointed, 
shall  make  out  a  complete  description  of  the  land  so  sur- 
veyed, and  a  neat  and  correct  map  of  the  same,  and  deposit  them 
together  with  the  field  notes  in  the  General  Land  Office  of  this  Re- 
public; and  shall  also  take  and  subscribe  to  this  oath  or  affirma- 
tion: I,  A  B,  do  solemnly  swear  (or  affirm),  that  I  have  well  and 
truly  discharged  my  duties  to  the  best  of  my  knowledge,  skill  and 
ability,  and  that  the  field  notes  and  description  of  said  land  are  as 
correct  as  I  could  make  them,  so  help  me  God.  Which  said  oath 
is  to  be  taken  before  a  chief  justice  of  the  county  court,  and  de- 
posited in  the  Land  Office;  and  the  surveyors  of  the  different  coun- 
ties, to  survey  the  lands  contemplated  by  this  act,  shall  take  and 
subscribe  the  same  oath,  which  shall  be  recorded  in  the  clerks  of- 
fice of  the  county  court. 

Section  6.  Be  it  further  enacted,  That  none  of  the  lands  appropriated 
and  set  apart  by  this  act  for  the  purpose  of  education, 
shall  be  disposed  of  in  any  manner  except  by  lease,  until 
the  expiration  of  three  years,  and  none  of  said  lands  shail  be  dis- 
posed of  by  lease  for  a  longer  term  than  three  years. 

Approved  January  2  6,  183  9. 


Pp.   161-165;    G,  2,   pp.   161-165 

AN  ACT  Entitled  an  act  for  the  permanent  location  of  the  Seat  of 

Government. 

Sectiox  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Republic  of  Texas  in  Congress  assembled.  That  there  shall  be 
and  are  hereby  created  five  Commissioners,  to  be  elected  two  by 
the  Senate  and  three  by  the  House  of  Representatives,  whose  duty  it 
shall  be  to  select,  a  site  for  the  location  of  the  Seat  of  Government, 
and  that  said  site  shall  be  selected  at  some  point  between  the  rivers 
Trinidad  and  Colorado,  and  above  the  old  San  Antonio  Road. 

Sec.  2.  Be  it  further  enacted,  That  the  name  of  said  site  shall  be 
the  City  of  Austin. 


Sec.  12.  Be  it  further  enacted,  That  the  said  agent,  before  the  sale 
of  said  lots,  shall  set  apart  a  sufficient  number  of  the  most  eligible 
for  a  Capitol,  Arsenal,  Magazine.  University.  Academy,  Churches, 
Common  Schools,  Hospital,  Penitentiary,  and  for  all  other  necessary 
public  buildings  and  purposes. 

Approved  January  14,  1839. 


A  Source  Book  of  iht  University  of  Texas  1/ 

FOURTH  CONGRESS,  REGULAR  SESSION,  NOVEMBER  11, 
1839,  TO  FEBRUARY  5,  1840. 

Deo.  31,   1839.-  File   12(>7,   Legislative    Documents,  Consultation   and 
Congressional:      Office  of  Secretary  of  state 

24  3:  An  act  to  create  a  fund  with  which  the  build  two  colleges 
to    be    located    at    Austin    and    Nacogdoches. 

[Sets  aside  300,000  acres  of  land,  to  be  sold  so  as  to  net  not  less  than 
50  cents  per  acre,  for  two  state  colleges  to  be  begun  simultaneously  as 
soon  as  the  I 'resident  of  the  Republic  thinks  the  receipts  from  the  land 
sales  justify   doing  so.] 

Read  Dec.  31,  1S39;  Jan.  30,  1840,  and  referred  to  Educational 
Committee. 

LAWS 

Pp.  203-204,  G.  2,  pp.  377-378 

JOINT  RESOLUTION  for  the  Survey  and  Sale  of  the  Austin  Town 

Tract. 

Sec.  1.  Be  it  resolved  by  the  Senate  and  House  of  Representatives 
of  the  Republic  of  Texas,  in  Congress  assembled,  That  it  shall  be  the 
duty  of  the  Secretary  of  the  Treasury  to  cause  to  be  sur-veyed 
the  remaining  portion  of  the  tract  of  land  belonging  to  the  gov- 
ernment, and  adjoining  the  city  of  Austin,  in  lots  varying  from 
five  to  forty  acres  each,  and  cause  to  be  laid  out  such  roads  and 
alleys  as  may  be  deemed  necessary  upon  a  plan  to  be  approved  by 
the  President. 

Sec.  7.  Be  it  further  resolved.  That  it  shall  be  the  duty  of  the  Sec- 
retary of  the  Treasury  to  reserve  in  the  plan  fixed  on,  four 
hundred  acres  for  such  public  purposes  as  Congress  may  hereafter 
direct. 

Approved   5th  January,   1840.      [Original  in  File  No.   1270.] 

[Tiie  campus  of  the  Main  University  Is  on<   i  E  these  10  acre--  "out"  hits.] 

CONSTITUTION    OF   THE  STATE   OF  TEXAS,    184"). 

Article  Tenth.     Education.     F.  23,  G.  2,  p.  1297 

Section  1.  A  general  diffusion  of  knowledge  being  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people,  it  shall  be 
the  duty  of  the  Legislature  of  this  State,  to  make  suitable  pro- 
vision for  the  support  and  maintenance  of  public  schools. 

Sec.  2.  The  Legislature  shall,  as  early  as  practicable,  establish 
free  schools  throughout  the  State,  and  shall  furnish  means  for  their 
support,   by   taxation   on   property:    and   it  shall   be  the  duty   of  the 

2—227 


18  University  of  Texas  Bulletin 

Legislature,  to  set  apart  not  less  than  one-tenth  of  the  annual  reve- 
nue of  the  State,  derivable  from  taxation,  as  a  perpetual  fund,  which 
fund  shall  be  appropriated  to  the  support  of  free  public  schools; 
and  no  law  shall  ever  be  made,  diverting  said  fund  to  any  other  use; 
and  until  such  time  as  the  Legislature  shall  provide  for  the  estab- 
lishment of  such  schools,  in  the  several  districts  of  the  State,  the 
fund  thus  created  shall  remain  as  a  charge  against  the  State,  passed 
to  the  credit  of  the  free  common  school  fund. 

Sec.  3.  All  public  lands  which  have  been  heretofore,  or  may 
hereafter  be  granted  for  public  schools,  to  the  various  counties, 
or  other  political  divisions  in  this  State,  shall  not  be  alienated 
in  fee,  nor  disposed  of  otherwise  than  by  lease,  for  a  term  not  ex- 
ceedng  twenty  years,  in  such  manner  as  the  Legislature  may  direct. 

Sec.  4.  The  several  counties  in  this  State,  which  have  not  re- 
ceived their  quantum  of  lands  for  the  purposes  of  education,  shall 
be  entitled  to  the  same  quantity  heretofore  appropriated  by  the  Con- 
gress of  the  Republic  of  Texas,  to  other  counties. 

FIRST  LEGISLATURE,  REGULAR  SESSION,  FEBRUARY 
16,  TO  MAY  13,  1846. 

MESSAGE  OF  PRESIDENT  ANSON  JOXES. 

February  19,  1846;   S.  J.,  pp.  11-15;   H.  J.,  p.  17 

The  expenses  of  the  government  since  I  have  been  in  office,  have 
all  been  paid  in  an  undepreciated  currency  - —  a  very  considerable 
amount  of  debt  incurred  by  previous  administrations  has  been 
paid  off,  and  a  surplus  of  available  means  sufficient  to  defray  the 
expenses  of  the  government,  economically  administered,  for  the  next 
two  years,  at  least,  is  left  at  the  disposition  of  the  State;  and  I  ven- 
ture the  belief  that,  without  resort  to  taxation,  the  public  domain, 
if  properly  husbanded  and  disposed  of,  will  raise  a  fund  sufficient 
to  liquidate  the  entire  national  debt  upon  equitable  principles,  be- 
sides providing  for  the  future  support  of  the  State  government,  a 
system  of  common  schools,  and  other  institutions  for  the  intellec- 
tual, moral  and  religious  improvement  of  the  rising  generation. 
With  such  a  population  as  Texas  possesses,  characterized  as  it  is  with 
great  intelligence  and  enterprize,  and  with  such  elements  of  pros- 
perity as  she  now  possesses,  a  genial  climate  and  a  fertile  soil,  it 
will  he  her  own  fault  if  she  does  not  reach  an  importance  and  a 
social  elevation,  not  surpassed  by  any  commuity  on  earth. 

MESSAGE  OF  GOVERNOR  J.  PINCKNEY  HENDERSON 

February  24,   1846;   S.  J.  Appendix,  pp.  9-10 

By  the  Constitution  it  is  made  the  duty  of  the  Legislature  to 
make   suitable   provision   for  the  support  of  public   schools,   and   to 


A  Source  Book  of  the  University  of  Texas  19 

set  apart  not  less  than  one  tenth  of  the  annual  revenue  of  the  State 
as  a  perpetual  fund  for  that  purpose,  and  as  soon  as  practicable  to 
furnish  other  means  for  the  support  of  free  schools  throughout  the 
State  by  taxation.  The  slow  progress  made  by  most  of  our  sister 
States  in  collecting  a  sufficient  fund  for  educational  purposes  and 
maturing  plans  for  public  schools,  should  warn  us  of  the  necessity 
of  commencing  that  important  work  with  out  earliest  existence  as 
a  State.  The  people  of  no  State  have  ever  yet  had  occasion  to  regret 
the  munificence  of  their  Legislature  upon  this  subject,  when  proper 
care  has  been  taken  to  establish  a  good  system  of  public  instruction, 
and  to  insure  a  prudent  management  of  the  means  appropriated. 
By  reference  to  the  plans  adopted  by  other  States,  we  will,  aided 
by  their  experience,  doubtless  be  able  to  organize  free  schools,  upon 
a  plan  entirely  satisfactory  to  the  community,  and  which  will  b« 
productive  of  great  good. 

I  If.  J.  has  7.T3  pages;  no  index.] 
[S.  J.  lias  37  4  pases;  no  index.] 
[g.  J.  Appendix  has  1 1 5  pages;   no  index.] 

SECOND  LEGISLATURE,  REGULAR  SESSION,  DECEMBER 
13,  TO  MARCH  20,  1848. 

[If.  J.  has  113S  pages;  no  index.] 
[S.   J.  lias  6N3   jia^es:   no  index.] 

THIRD  LEGISLATURE,  REGULAR  SESSION,  NOVEMBER 
5,  1849  TO  FEBRUARY  11,  1850. 

r  H.  J.  lias  S16  pages  with   appendix  of  306  pp.:  no  index.] 
[?.  J.  has  722  pages;  no  index.] 

Dec.  14,  1849;  H.  J.  pp.  278-279 

Mr.  Holland  offered  the  following  resolution:  Rcsolvrri,  That  the 
committee  on  Education  be  required  to  consider  the  practicability  and 
expediency  of  establishing  a  college  or  university  as  contemplated  by 
pediency  of  establishing  a  college  or  university  as  contemplated  by 
an  act,  approved  January,  1839,  appropriating  fifty  leagues  of  land 
for  the  endowment  of  such  institution  of  learning;  read  and 
adopted. 

GENERAL   LAWS 

Ch.  92,  pp.  96-97;  G.  3,  pp.  534-535 

JOINT    RESOLUTION    making    provisions    for    surveying    a    certain 
quantity  of  University  Land. 

Whereas,  by  an  act  entitled  "an  act  appropriating  certain  lands  for 
the   establishment   of   a   general   system    of   education,"    approved 


20  University   of  Tints  BvUei in 

January  26,  1839,  authorizing  and  requiring  the  President  of  the 
Republic  of  Texas  to  employ  some  county  or  district  surveyor  to 
survey  fifty  leagues  from  any  of  the  vacant  or  unappropriated 
lands  of  the  Republic,  for  the  endowment  of  two  Colleges  or  Uni- 
versities; and  whereas,  it  is  ascertained  that  the  field-notes  of 
leagues  numbers  one,  two  and  three,  University  lands,  purporting 
to  have  been  surveyed  in  the  District  of  Nacogdoches,  in  the  year 
1839,  and  now  situated  in  the  counties  of  Rusk  and  Smith,  as 
represented  on  the  map  in  the  Land  Office,  have  not  been  re- 
turned in  accordance  with  the  provisions  of  the  above  recited  act; 
and  whereas,  since  the  date  of  the  aforesaid  locations,  the  land 
above  described,  in  consequence  of  there  being  no  record,  has 
been  surveyed  and  recorded  in  the  respective  counties  where  the 
land  is  situated,  and  a  number  of  said  locations  patented  in  good 
faith;   therefore, 

Section  1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  Commissioner  of  the  General  Land  Office  be,  and  he  is 
hereby  authorized  and  required  to  employ  some  competent  surveyor 
to  survey  three  leagues,  from  any  of  the  vacant  or  unappropriated 
lands  in  the  State,  in  lieu  of  said  leagues  numbers  one,  two  and 
three,  University  lands,  hitherto  located  in  the  District  of  Nacog- 
doches, and  said  surveyor  shall  be  entitled  to  the  same  fees  and 
governed  in  all  respects  by  the  provisions  of  the  above  recited  act. 
Sec.  2.  Be  it  further  resolved,  That  the  Commissioner  of  the 
General  Land  Office  be,  and  he  is  hereby  authorized  and  required 
to  have  surveyed  the  number  of  leagues  named  in  the  fourth  section 
of  the  above,  recited  act,  provided  the  same  has  not  been  surveyed 
and  returned  to  the  Land  Office  according  to  law. 

Sec.  3.  Be  it  further  resolved,  That  the  sum  of  two  hundred  dol- 
lars, or  as  much  as  may  be  necessary,  is  hereby  appropriated,  and 
the  Commissioner  of  the  General  Land  Office  authorized  to  draw 
upon  the  Treasurer  of  the  State  for  the  same,  to  carry  out  the  pro- 
Tisions  of  this  resolution,  and  that  this  joint  resolution  take  effect 
and  be  in  force  from  and  after  its  passage. 
Approved  Feb.  1,  18  50. 

THIRD  LEGISLATURE,   CALLED   SESSION,   AUGUST  12, 
TO  SEPTEMBER  6,  1850. 

[H.  J.  has  133  page>=,  with   appendix  of  109  pages:  no  index.] 
[P.  .1.  lias  119  page«.  with   appendix  of  108  pages:  no  index.] 

THIRD     LEGISLATURE,     SECOND     CALLED     SESSION, 
NOVEMBER  18,  TO  DECEMBER  3,  1850. 

[H.  J.  has  13S  pages;  no  index] 
[g.  J.  lias  88  pages;  no  index.] 


A  Source  Book  of  the  University  of  Texas  21 

FOURTH   LEGISLATURE,    REGULAR   SESSION,    NOVEM- 
BER 3,  1851,  to  FEBRUARY  16,  1852. 

MESSAGE  OF  GOVERNOR  P.  H.  BELL. 
Nov.  10,  1851;  H.  J.,  pp.  49-50;  S.  J.,  pp.  34-i$5 

The  fourth  section  of  an  act  of  the  late  Republic,  approved  Jan- 
uary 26th,  1839,  contemplates  that  two  Universities  shall  be  created, 
and  fifty  leaguer  of  land  were  then  directed  to  be  surveyed  and  set 
apart  for  their  endowment.  It  may  now  be  a  question  whether  or 
not  this  is  an  appropriate  time  for  the  commencement  of  these  es- 
tablishments; and  whether  or  not,  if  the  means  which  the  State  can 
advance  for  the  purpose  of  education,  are  applied  to  them,  it  would 
be  the  best  application  of  those  means.  The  subject  is  referred  to 
the  wisdom  of  the  Honorable  Legislature. 

It  has  been  suggested  to  me,  and  the  suggestion  has  come  from  a 
source  entitled  to  respect,  that  the  best  mode,  at  present,  of  promot- 
ing the  cause  of  education  by  the  State,  will  be  found  in  subscribing 
for  a  certain  number  of  scholarships  in  the  several  institutions  al- 
ready established,  and  which  are  about  to  be  established  by  private 
individual  enterprise;  the  extent  of  these  subscriptions  to  be  regu- 
lated by  the  character  and  importance  of  those  institution  respect- 
ively. It  is  alleged  that  by  doing  so,  and  paying  the  subscriptions 
in  advance,  the  State  will  not  only  aid  in  perfecting  those  institu- 
tions, but  will  have  an  opportunity  of  educating  at  each  one  of  them, 
(in  proportion  to  the  scholarships  taken.)  a  numbed  of  the  worthy 
youths  of  the  country  who  are  unable  to  educate  themselves,  and 
who  whep  thus  educated,  will  be  prepared  to  take  charge  of  the 
common  free  schools  which  the  State  will,  no  doubt,  at  some  future 
day,  desire  to  establish  throughout  the  country. 

I  have  thought  proper  to  submit  this  suggestion  for  the  consider- 
ation of  the  Legislature,  coming  as  it  did,  from  a  highly  intelligent 
and  respectable  source. 

I  If.  J.  has  881  pages;  no  index.] 
[S.  .1.  has  557  pages;  no  index.] 

FOURTH  LEGISLATURE,   CALLED   SESSION,   JANUARY 
10,  TO  FEBRUARY  7,  1853. 

1  II,  J.  has   285  pages;   no  index.] 
I  S.   .1.   not    -.mmi.  | 


22  University   of  Texas  Bulletin 

FIFTH  LEGISLATURE,  REGULAR  SESSION,  NOVEMBER 
7,  1853,  TO  FEBRUARY  13,  1854. 

MESSAGE  OF  GOVERNOR  P.  H.  BELL 

November  8,   1853;   H.  J.,  p.  24.   pp.  27-28.-  S.  J.,  p.  21,  pp.  24-25, 

Part    I. 

Taking  into  consideration  the  rapid  absorption  of  all  the  choice 
lands  by  private  location,  I  would  also  recommend  that  an  appro- 
priation be  made,  at  the  present  session,  for  the  location  and  survey 
of  the  balance  of  the  fifty  leagues  set  apart  for  two  Universities  as 
an  endowment  by  an  act  of  the  late  Republic,  in  order  that  those 
institutions  may  reap  the  full  benefit  of  the  grant  made  to  them 
under  that  wise  and  liberal  enactment. 


Since  my  occupancy  of  the  Executive  chair,  I  have  had  occasion, 
in  more  communications  than  one,  to  call  the  attention  of  the  Legis- 
lature to  that  important  article  of  the  Constitution  which  relates  to 
the  great  cause  of  Education;  and,  in  doing  so,  by  all  pertinent  sug- 
gestions and  appeals  to  impress  upon  that  body  the  necessity  of  an 
early  fulfilment  of  its  first  section,  by  setting  on  foot  and  maturing 
some  practicable  and  liberal  system  of  popular  education.  Upon 
this  subject  I  shall  feel  that  my  duty  to  the  State  has  been  fully  dis- 
charged, when  in  following  up  a  reference  I  had  the  honor  to  make 
In  a  communication  of  the  10th  of  November,  1851,  relative  to  the 
fifty  leagues  of  land  to  be  surveyed  and  set  apart  for  the  endowment 
of  two  Universities,  I  recommended,  as  I  now  do,  a  liberal  appropria- 
tion of  means  for  the  establishment  and  maintenance  of  two  Col- 
leges, or  Universities,  to  be  located  at  such  eligible  points  as  may 
best  subserve  the  interests  and  convenience  of  the  two  grand  divis- 
ions of  the  State.  Such  appropriation  to  be  employed  in  addition  to 
that  already  set  apart  by  the  fourth  section  of  an  Act  approved  Jan- 
uary 26,  1839.  This  recommendation  is  made  in  the  full  confidence 
that  the  present  is  a  highly  favorable  time  for  the  commencement  of 
these  establishments,  whether  we  consider  the  capability  of  the 
State  to  provide  the  necessary  means  for  so  wise  a  purpose,  or  the 
very  best  application  of  those  means. 

MESSAGE  OF  GOVERNOR  E.  M.  PEASE 

December  23,  1853;  H.  J.,  p.  21;  S.  J.  pp.  15-16,  Part  II 


The  want  of  a  good  University  in  the  State,  where  a  liberal  edu- 
cation can  be  obtained,  is  a  serious  inconvenience.  It  should  be  our 
policy  to  furnish,  within  our  own  limits  all  the  means  for  obtaining 


A  Source  Book  of  the  University  of  Texas  23 

an  education,  that  can  be  had  in  any  part  of  the  Union,  so  as  to  re- 
move the  necessity  of  having  to  send  our  youth  abroad  to  be  edu- 
cated among  those  who  are  hostile  to  the  policy  and  institutions  of 
the  State. 

The  present  seems  to  be  a  favorable  time  to  lay  the  foundation 
for  such  an  institution,  and  I  respectfully  recommend  that  the  sum 
of  two  hundred  and  fifty  thousand  dollars  of  the  United  States 
bonds  now  in  the  treasury,  be  appropriated  and  set  apart  for  a  per- 
petual fund,  the  interest  of  which  shall  be  applied  to  the  erection 
and  support  of  a  State  University.  The  income  of  such  a  fund,  with 
the  amount  that  may  hereafter  be  realized  from  the  lands  that  have 
been  set  apart  by  an  act  of  the  late  Republic,  will,  at  no  distant 
period,  enable  us  to  build  up  a  University  fully  adequate  to  all  the 
wants  of  our  State.  I  am  aware  that  these  lands  were  appropriated 
for  the  establishment  and  endowment  of  two  Universities,  but  I  sug- 
gest for  your  consideration,  that  it  would  be  better  to  have  one  well 
endowed  institution  of  the  kind,  than  to  apportion  our  funds  for  the 
erection  of  two,  neither  of  which  could  afford  the  advantages  which 
are  furnished   by  similar  institutions  in  other  States  of  the  Union. 

Should  such  an  appropriation  be  made,  it  will  be  necessary  to 
pass  laws  for  the  location  of  the  proposed  University  at  some  cen- 
tral point,  convenient  to  the  entire  State,  as  well  as  for  the  erection 
of  the  necessary  buildings  and  for  the  organization  and  government 
of  the  institution. 

[H.  J.  has  Part  I,  270  pages;  Part  II.  160  pages;  Appendix,  -7.",  pages; 
no  index.] 

;  S.  .!.  has  Part  I,  205  pages;  Part  22,  32S  pages:  no  index.] 

SIXTH  LEGISLATURE,  REGULAR  SESSION,  NOVEMBER 
5,  1855,  TO  FEBRUARY  4,  1856 

MESSAGE  OF  GOVERNOR  E.  M.  PEASE 

November  6,  1855;  S.  J.  p.  17 


I  invite  your  attention  to  the  importance  of  establishing  a  State 
University,  which  shall  afford  to  our  youth  all  those  opportunities 
for  obtaining  a  liberal  education,  that  are  to  be  found  in  any  part 
of  the  Union. 

We  cannot  appreciate  too  highly  the  advantages  of  educating  our 
children  within  the  reach  of  parental  authority,  where  they  can  daily 
witness  the  practical  operation  of  our  government,  its  institutions 
and  laws,  and  become  familiar  with  the  habits  and  sympathies  of 
the  people  with  whom  they  are  to  associate  in  after  life. 

To  secure  these  advantages,  is  worthy  of  an  effort  on  the  part  of 
the  State,  and  I  recommend  that  the  sum  of  $300,000  of  the  United 


24  University  of  Texas  Bulletin 

States  bonds,  now  in  our  Treasury,  be  appropriated  as  a  permnaent 
fund,  to  be  increased  by  the  gradual  sale  of  the  University  lands 
at  not  less  than  a  minimum  price  after  they  shall  have  been  sub- 
divided into  small  tracts  and  that  the  income  of  this  fund  be  ap- 
plied to  the  erection  and  support  of  such  an  institution. 

This  will  enable  us  in  a  few  years  to  erect  the  necessary  build- 
ings, employ  professors,  in  every  branch  of  literature  and  sci- 
ence, and  place  the  institution  upon  a  sure  basis  for  future  pros- 
perity and  usefulness. 

While  upon  this  subject,  it  is  proper  I  should  inform  you  that  a 
portion  of  the  University  lands  have  not  yet  been  selected  and  I 
suggest  that  a  sufficient  appropriation  of  money  be  made  to  pay 
the  expenses  of  selecting  and  surveying  them. 

PROCEEDINGS    IN    THE    LEGISLATURE 

File  65,  Office  of  Secretary  of  State 

O.  B.  2.     By  Mr.  — . 

To  set  apart  fifty  leagues  of  land  to  establish  the  [State]  Lit- 
erary College  of  Eastern  Texas  (to  be  hereafter  located  east  of  the 
Trinity  River)., 

Read  first  time. 

December  6,  1855.     S.  J,,  p.  167. 

S.  B.  — .     By  Committee  on  Education. 

To  create  a  fund  for  the  erection  and  support  of  a  State  Uni- 
versity. 

A  Report  of  the  committee  on  Education  on  a  bill  creating  a  fund 
for  the  erection  and  support  of  a  State  University,  read. 

Mr.  Lott  moved  to  strike  out  "a"  and  insert  "two,"  wherever 
the  same  occured  in  the  bill. 

Mr.  Bryan  moved  to  lay  the  amendment  on  the  table — lost  by 
the  following  vote: 

Yeas.  Messrs.  Bryan,  Burroughs,  Caldwell,  Doane,  Grimes,  Hill, 
McDade,   Martin,   Palmer,   Potter,    Scarborough  and  Superviele — 12. 

Nays:  Messrs.  Armstrong,  Flanagan,  Guinn,  Lott,  McCulloch, 
Maverick,  Millican,  Pirkey,  Russell,  Scott,  Taylor  of  Cass,  Truit, 
Weatherford,   Whitaker,   White,   and   Wren,    16. 

On  motion  of  Mr.  Bryan,  the  report  and  bill  were  made  the  spe- 
cial order  for  Monday  next,  the  10th  inst.,   11  o'clock. 

December  10,  1855;  S.  J.,  pp.  182-183. 

A  bill  creating  a  permanent  fund  for  the  erection  and  support 
of  a  State  University,  was  read. 

The  amendment  of  Mr.  Lott,  to  strike  out  "a"  and  insert  "two," 
before  the  word  "university"   was  adopted. 


A  Source  Book  of  the  University  of  Texas  25 

On  motion  of  Mr.  Grimes  the  bill  was  amended  by  striking  out 
"$300,000,"  and  inserting  "$500,000." 

Mr.  Millican  moved  to  amend  by  striking  out  "$500,000,"  and 
inserting  "$1,000,000" — lost. 

Mr.  Palmer  offered  "a  bill  to  establish  a  State  University,"  as  a 
substitute. 

Mr.  Millican  moved  to  postpone  the  consideration  of  the  bill 
till  Thursday,    13th  December,   11   o'clock — lost. 

Mr.  Millican  moved  to  lay  the  bill  and  substitute  on  the  table — 
lost. 

Mr.  Guinn  moved  to  lay  the  substitute  on  the  table,  carried  by 
the   following  vote: 

Yeas\— Messrs.  Allen,  Armstrong,  Flanagan,  Gnlmes,  Guinn, 
Lott,  Martin,  Maverick,  Millican,  Pirkey,  Russell,  Scott,  Taylor  of 
Cass,  Taylor  of  Fannin,  Taylor  of  Houston,  Truit,  W-eatherford 
and  Wren,   18. 

Nays — Messrs.  Bityan,  Caldwell,  Doane,  Hill,  McCulloch,  Mc- 
Dade,  Palmer,  Pedigo,  Potter,  Superviele,  Whitaker  and  White, 
12. 

Mr.  Bryan  offered  a  "bill  to  establish  two  universities,"  as  a  sub- 
stitute for  the  bill. 

Mr.  Scott  offered  a  bill  appropriating  $1,000,000  of  the  five  per 
cent,  United  States  bonds,  as  an  additional  fund  for  common  schools, 
as  a  substitute  for  the  bill  and  substitute. 

On  motion  of  Mr.  Potter,  the  Senate  adjourned  until  3. 

December  11,   1855;   S.  J.,  p.   186. 

The  bill  creating  a  fund  for  the  erection  and  support  of  two 
State  Universtities,  together  with  the  substitutes  therefor,  offered 
by  Messrs.  Bryan  and  Scott,  being  under  consideration  on  yester- 
day  when   the   Senate  adjourned,    was  taken   up. 

On  motion  of  Mr.  Taylor  of  Cass,  the  bill  and  proposed  substi- 
tutes,   were   referred   to   the   Committee   on   Education. 

|  H.  .1    had  568  pages :  no  in. lex. 1 

[Concerning  this  Bill,  Vol.  I,  of  the  State  Gazette  Appendix,  supplements 
the   Senate   Journal    as   follows.] 

December  6,  1855,  S.  G.  A.,  Vol.  1,  Part   1,  p.  79 

State  University 

A  bill  to  provide  for  the  erection  and  support  of  a  State  Univer- 
sity,  being  before  the   Senate: 

Mr.  Pai.mkr: — I  am  of  the  opinion  that  it  would  be  to  the  inter- 
est of  the  State,  and  best  promote  the  cause  of  education,  to  erect 
one  good  university  at  some  point,  to  be  determined  either   by  the 


26  University  of  Texas  Bulletin 

people  or  by  the  Legislature  of  the  State,  which  will  be  accessible 
from  all  portions  o*f  our  country.  I  would  prefer  to  have  one  good 
university — such  a  one  as  the  State  and  the  entire  South  may  well 
be  proud  to  possess.  We  want  such  an  institution  as  will  afford 
the  most  extended  course  of  instruction;  one  at  which  our  sons 
can  be  thoroughly  qualified  for  any  professional  business.  And  I 
am  satisfied  that  the  state  of  our  finances,  as  well  as  the  condition 
of  our  country  will  not  justify  the  erection  of  more  than  one  uni- 
versity at  this  time. 

Mr.  Lott: — I  am  convinced  that  the  appropriation  proposed  in 
the  bill  is  a  laudable  one,  and  will  be  most  heartily  approved  by 
the  people;  but  I  am  in  favor  of  building  two  universities  instead 
of  one;  I  believe  the  true  interests  of  the  people  demand  it,  and 
therefore  move  to  amend  by  striking  out  in  the  caption,  "a  uni- 
versity,"  and   inserting  "two  universities." 

Mr.  Bryan: — I  hope  the  amendment  offered  by  the  senator  from 
Smith  will  not  be  adopted.  The  amount  of  money  proposed  in  that 
bill,  to  be  appropriated  for  the  erection  and  support  of  this  uni- 
versity, will  be  entirely  insufficient  for  the  support  of  two  institu- 
tions of  the  character  contemplated.  If  it  is  desirable  to  have  two 
institutions  instead  of  one,  I  would  suggest  that  we  had  better 
apply  the  money  now  proposed  to  be  appropriated  to  the  erection 
of  one  university,  and  that  the  other  institution  be  erected  by  the 
means  obtained  from  the  sale  of  certain  lands  heretofore  donated 
to  school  purposes.     I  move  to  lay  the  amendment  on  the  table. 

The  amendment  was  not  agreed  to. 

Mr.  Bryan: — I  move  to  make  this  bill  the  special  order  of  the  day 
for  Monday  the  10th  instant. 

The  motion  was  adopted. 

December   10,    1855;    S.   G.   A.,   Vol.    1,   Part   1,   pp.   94-98 

The  President  announced  to  the  Senate,  that  a  bill  entitled  "An 
Act  to  create  a  Permanent  Fund  for  the  erection  and  support  of  a 
State  University,"  was  made  the  special  order  for  today  at  11 
o"clock.  At  the  time  it  wras  last  under  consideration,  a  motion 
was  made  by  the  senator  from  Smith  (Mr.  Lott)  to  amend  by  strik- 
ing out  "a,"  and  inserting  "two"  before  the  word  "University." 
A  motion  was  made  to  lay  that  motion  on  the  table;  which  motion 
failed.  The  motion  of  the  Senator  from  Smith,  therefore,  comes 
up  for  consideration  today. 

The  vote  being  taken,  the  amendment  was  adopted — yeas  16, 
nays  10. 

Mr.  Grimes: — It  appears  to  me,  sir,  that  three  hundred  thousand 
dollars  will  not  be  sufficient  to  endow  two  universities  of  the 
character   and    standing   which    we    propose    that    this    shall    be.      I 


A  Source  Book  of  the  University  of  Texas  21 

think  inasmuch  as  we  have  already  determined  to  have  two  insti- 
tutions, that  a  greater  donation  should  be  provided  for  their  sup- 
port, and  I  am  almost  ready,  in  order  to  take  the  opinion,  of  the 
Senate,  to  move  that  the  bill  be  amended,  so  as  to  appropriate  a 
fund  of  five  hundred  thousand  dollars  instead  of  three  hundred 
thousand  dollars;  but  before  I  do  so,  I  will  call  for  the  reading  of 
the   bill.       (The    Secretary    read   the    bill.) 

Mb  Gri.mes: — I  now  move  to  amend  the  bill  by  striking  out  "three" 
and   insert   "five"   before  the   word  •'thousand." 

The   amendment   was  adopted. 

Mb.  Mexican: — [If  it  is  in  order,  sir,  I  wish  to  offer  the  following 
amendment:  Strike  out  "five  hundred  thousand"  and  insert  "one 
million." 

The  President  suggested  to  Senator  Millican,  that  his  amend- 
ment would  have  been  more  properly  in  order  as  an  amendment  to 
the  amendment  offered  by  the  senator  from  Grimes  (Mr.  Grimes.) 
The  amendment   was   then  rejected. 

Mb.  Palmer: — I  wish  to  offer  the  following  as  a  substitute  to  the 
bill:  "A  bill  to  establish  a  State  University."  The  substitute  being 
read. 

Mb.  Pal.mkr  said: — Mr.  President: — In  offering  this  substitute  for 
the  original  bill,  I  wish  to  make  a  few  remarks;  and  I  trust  they 
will  be  received  in  the  same  friendly  spirit  in  which  they  are  made. 
I  live  in  the  central  portion  of  the  State,  and  represent  a  constitu- 
ency in  that  territory  commonly  known  as  "Middle  Texas."  I  know 
not  where  this  university  will  be  located;  but  it  is  not  likely  that 
it  will  be  placed  in  a  siuation  that  will  partcularly  benefit  my  con- 
stituency. But  of  this  I  am  certain;  that  if  we  ever  intend  to  erect 
an  institution  of  this  kind,  now  is  the  time  to  do  it;  and  I  am  also 
satisfied  that  if  we  attempt  to  erect  two  institutions,  and  endow 
them  with  a  sufficient  fund  to  make  their  literary  character  of  the 
first  order,  that  we  will  fail  entirely;  and  our  means  will  be  frit- 
tered away,  and  nothing  will  be  acomplished.  As  was  well  re- 
marked by  the  senator  from  Brazoria,  a  day  or  two  since — 'in 
union  there  is  strength;"  and  if  we  divide  our  means  between  two 
universities,  the  result  will  be  that  we  will  never  have  the  satis- 
faction of  sending  our  children  to  an  institution  of  the  very  first 
order,  of  which  the  State  and  the  South  may  well  be  proud.  There 
is  no  subject  that  will  claim  the  attention  of  this  legislature,  of  so 
pressing  importance  as  the  one  now  under  consideration. — It  is 
p;n  amount  to  all  others.  The  State  of  Texas,  and  indeed  the  entire 
South,  must  take  this  subject  of  education  into  consideration,  and 
provide  better  facilities  for  the  proper  education  of  our  children 
in  the  South.  During  the  past  few  years,  large  numbers  of  chil- 
dren have  been  sent  out  of  the  limits  of  our  State,  to  acquire  a 
good  education.     Their  expenses,  including  board,  tuition,  traveling, 


28  University  of  Texas  Bulletin 

and  incidental  expenses,  amount,  individually,  to  from  three  to 
five  hundred  dollars  per  year.  In  this  way  enormous  amounts  of 
money  are  annually  carried  out  of  our  State,  and  a  large  portion 
of  it  is  expended  among  those  who  are  enemies  to  southern  institu- 
tions, and  where  our  children  are  in  imminent  danger  of  imbibing 
doctrines  antagonistic  to  our  social  institutions,  and  subversive  of 
the  dearest  rights  of  the  South.  But  the  State  is  already  doing 
much  to  provide  itself  with  schools  of  a  primary  character.  What 
we  want  now,  is  an  institution  where  the  highest  classical  studies 
can  be  pursued — an  institution  in  which  our  children  can  be  edu- 
cated in  every  grade  of  profession  and  literary  attainment  to  which 
they  may  aspire.  And  as  certain  as  we  divide  our  strength  between 
two  institutions,  we  will  fail  to  accomplish  the  purpose  for  which 
the  bill  is  intended.  It  does  seem  to  me  that  every  section  of  our 
State  should  have  an  equal  voice  in  determining  where  this  institu- 
tion shall  be.  I  do  not  care,  for  my  own  part,  where  it  is  located — 
whether  you  locate  it  in  the  Eastern,  the  Western,  the  Northern, 
or  Southern  portion  of  the  State;  place  it  where  you 
will;  but  for  heaven's  sake,  let  us  have  some  point  at 
which  our  children,  from  all  parts  of  the  country,  can 
assemble  and  associate  together;  at  which  they  will  receive  the 
benefits  of  a  liberal  education,  and  will  form  mutual  and  perman- 
ent attachments  that  will  never  be  severed.  The  mutual  friend- 
ships formed  at  this  institution,  will  be  one  of  the  strongest 
ties  that  we  can  possibly  have  to  bind  the  different  portions  of  the 
State  together.  I  do  hope  that  we  will  have  one  University  that 
will  be  the  pride  of  the  State  of  Texas  and  the  South;  and  for  the 
reason  I  prefer  to  see  but  one  institution  erected,  and  the  location 
of  that  left  to  be  determined  on  joint  ballot  of  the  Legislature,  or 
to  the  vote  of  the  people:  so  that  we  can  have  at  least  one  insti- 
tution at  which  our  children  can  assemble  from  all  portions  of 
the  State,  and  obtain  such  an  education  as  will  sustain  and  qualify 
them  for  any  profession  or  occupation  in  which  they  may  wish  to 
engage. 

Our  means  are  not  sufficient  to  support  two  universities.  We 
shall  have  to  expend  at  least  one  hundred  thousand  dollars  to  pro- 
vide for  the  erection  of  suitable  buildings.  And  how,  I  ask,  shall 
the  professors  be  paid,  and  other  expenses  be  met?  The  Univer- 
sity of  Virginia  has  an  annual  appropriation  from  the  State  of  ten 
thousand  dollars  to  pay  her  professors,  although  more  than  six 
hundred  students  attend  that  institution  every  year.  How  are  we 
to  obtain  a  like  sum  to  pay  our  professors?  If  we  establish  two 
universities,  we  double  the  amount  of  expense.  The  professors  for 
one  institution  could  give  instruction  to  as  many  students  as  two 
corps  of  professors  would  be  likely  to  do  in  two  universities.  One 
professor    can    attend    to    a   class    of   one   hundred    just   as    well    as 


A  Source  Book  of  tlte  University  of  Texas  -!) 

a  class  of  twenty  or  thirty.  Expending  one  hundred  thousand  for 
the  erection  of  buildings  for  two  institutions,  we  would  have  left 
one  hundred  and  fifty  thousand  dollars  of  the  amount  appropriated. 
The  annual  income  of  this  fund,  at  an  interest  of  five  per  cent  per 
annum,  will  amount  to  seven  thousand  five  hundred  dollars,  which 
Will  give  three  thousand  seven  hundred  and  fifty  dollars  for  the 
payment  of  each  corpse  of  professors.  But  if  we  expend  this  money 
in  the  payment  of  but  one  body  of  professors,  it  will  be  amply  suf- 
ficient to  pay  them  liberally,  and  provide  for  a  permanent  fund  to 
sustain    and    keep    in    flourishing    condition    one    State   University. 

Mi:.  Russell: — I  trust,  sir,  this  substitute  will  not  be  adopted.  I 
agree  with  the  senator  from  Harris  (Mr.  Palmer)  that  it  should  be 
the  policy  of  the  State  to  encourage  the  establishment  of  literary 
institutions  in  the  State;  that  our  children  should  be  educated  at 
home  where  there  will  be  no  danger  of  their  imbibing  sentiments 
unfavorable  to  our  social  organization  and  prejudicial  to  the  in- 
terests of  the  South:  but  I  do  really  distrust  the  propriety  of  en- 
tering into  this  arrangement  at  this  period  of  our  history.  We  have 
no  facilities  for  transportation,  no  speedy  means  of  locomotion  from 
one  section  of  the  State  to  another,  and  no  well  matured  system  of 
internal  improvements.  It  appears  to  me  that  we  should  first  estab- 
lish some  system  of  internal  improvements  that  will  develop  the 
resources  of  our  State,  before  we  undertake  to  establish  univer- 
sities. Besides,  we  are  not  yet  out  of  debt.  We  should  provide 
some  way  of  removing  the  heavy  clog  that  is  now  weighing  us 
down  and  retarding  the  progress  of  our  State.  At  the  proper  time 
I  believe  the  arguments  presented  by  the  senator  from  Harris  would 
be  incontrovertible.  But  if  this  work  must  be  commenced  now,  I 
am  in  favor  of  building  two  institutions.  We  certainly  have  ample 
means.  We  have  a  rich  soil,  the  finest  climate  in  the  world,  the 
largest  State  in  the  Union,  and  soon  destined  to  become  the  Empire 
State  of  the  South,  and  surely  we  are  able  to  support  at  least  two 
State  Universities.  I  care  but  little  whether  we  establish  them  now 
or  not,  I  think  the  time  has  not  arrived  when  we  should  enter  into 
this  arrangement. 

Mr.  Flanagan: — Although  I  reside  in  the  east,  I  must  be  permit- 
ted to  differ  with  the  gentleman  from  the  west  (Mr.  Palmer),  who 
says  he  occupies  the  middle  ground.  I  think  the  time  has  arrived 
when  we  can  well  support  two  universities — splendid  ones,  sir, 
just  such  as  are  desired,  and  just  such  as  the  young  mind,  now- 
growing  up  in  the  State  of  Texas,  demand.  Such  an  one  will  re- 
dound to  the  honor  of  this  great  and  rising  State.  The  bill  now 
proposes  to  appropriate  the  sum  of  five  hundred  thousand.  Now 
if  this  appropriation  should  hereafter  be  found  Lnsuf&cieni  to  sup- 
port two  institutions,  certainly  we  can  appropriate  additional 
amounts   as   it   may   be   required.      The   senator   from    Harris    offers 


30  University  of  Texas  Bulletin 

a  substitute  for  the  original  bill,  which  asks  for  an  appropriation 
of  two  hundred  and  fifty  thousand  dollars.  Now  the  question  pre- 
sents itself  in  a  twofold  sense.  Have  we  five  hundred  thousand 
dollars  to  appropriate,  as  contemplated  in  the  original  bill?  Then 
if  two  hundred  and  fifty  thousand  dollars  will  build  the  edifice,  as 
was  most  beautifully  portrayed  by  the  Honorable  Senator,  will 
not  the  same  be  sufficient  to  erect  an  edifice  for  another  university? 
The  question  is  clear;  most  assuredly  it  will.  They  will  be  rival 
institutions  and  will  mutually  co-operate  to  build  up  and  sustain 
each  other.  And  then  sir,  as  much  as  is  said  about  our  mighty 
territory  and  our  mighty  State,  it  is  all  true;  and  the  day  is  not 
distant  when  this  mighty  State  may  be  divided  into  two.  I  think 
it  is  a  reasonable  supposition.  To  say  the  least,  it  is  not  an  un- 
reasonable one. — I  know  it  is  contemplated  by  many  that  it  will 
eventually  take  place,  and  at  the  same  time  is  looked  upon  unfav- 
orably by  others.  I  know  not  what  my  own  feelings  would  be  on 
this  subject  were  I  called  upon  to  cast  my  vote  on  that  subject. 
But  that  does  not  touch  the  point  in  question.  In  the  event  of  a 
probable  division  of  the  State,  at  some  future  period,  is  it  not  proper 
that  there  should  be  two  universities  established? — one  located  in 
the  east  and  one  in  the  west.  I  am  ready  to  cast  my  vote  liberally 
to  build  up  the  west.  I  have  ever  done  so;  I  will  do  so  the  present 
session  or  at  any  future  time.  Nothing  reasonable  shall  be  asked 
to  promote  the  interest  of  the  west  that  I  will  not  liberally  and 
freely  vote  for.  Then  I  ask  that  senators  manifest  the  same  spirit 
towards  the  east.  Now  what  does  this  bill,  providing  for  but  one 
university,  amount  to?  Pass  that  bill  and  leave  the  Legislature 
to  determine  its  location,  everybody  can  see  at  once  where  it  will 
be  located.  It  will  be  in  the  city  of  Austin.  Now  I  have  no  objec- 
tion, heaven  knows,  against  having  one  located  in  Austin;  but  at 
the  same  time  I  want  one  also  in  the  east.  I  ask  it  for  the  benefit 
of  the  east.  I  demand  it  in  the  name  of  those  who  have  a  right 
to  demand  it,  and  that  equal  justice  may  be  meted  out  to  us.  We 
have  abundant  means  to  erect  two  institutions,  and  now  is  the  time 
to  take  preliminary  measures  for  establishing  these  institutions. 
There  are  no  public  lands  in  the  east;  they  are  in  the  west;  and  in 
the  event  of  a  division  of  the  State,  the  west  will  have  every  thing. 
She  will  have  the  university — that  is  all  right  and  proper.  But 
let  us  look  to  the  east;  let  us  consider  that  she  is  entitled  to  some- 
thing. That  if  an  institution,  of  which  we  may  well  be  proud,  is 
located  in  Austin,  that  a  similar  one  shall  be  erected  in  the  east, 
and  upon  the  principle  of  the  anecdote  of  the  wag,  we  shall  build 
up  two  institutions.  The  wag  upon  hearing  that  a  cooking  stove 
would  save  in  a  family  one  half  of  the  fuel  commonly  used,  he  re- 
plied that  he  would  buy  two  and  save  all.  Thus  if  we  build  two 
universities  we  will  .save  all  the  money  paid  out  for  educating  the 


A  Source  Book  of  the  University  of  Texas  ;Ji 

young  men  of  the  State  east  and  west,  for  with  the  two  none  will 
leave  the  State.  Place  only  one  in  the  west  and  it  will  be  so  remote 
from  the  east  it  will  not  answer  the  desired  object. 

Mr.  Millicax: — I  move  to  postpone  the  further  consideration  of 
this  bill  until  Thursday,  13th  December,  11  o'clock.  Mr.  Presi- 
dent, I  do  not  believe  we  are  prepared  at  this  time  to  act  on  this 
bill.  It  is  true,  sir,  I  am  opposed  to  building  either  one  or  two 
universities.  I  do  ::ot  think  the  time  has  yet  arrived  when  Texas  is 
required  to  appropriate  several  hundred  thousand  dollars  for  the 
support  of  a  university.  So  far  as  stoves  are  concerned,  I  do  not 
think  we  are  needing  them  just  now,  as  we  have  but  little  to  cook. 
We  should  take  steps  to  secure  a  system  of  common  schools,  where 
the  children  of  the  entire  State  can  acquire  the  rudiments  of  in- 
struction. This  is  what  we  need.  Our  children  are  not  qualified  to 
enter  universities  of  the  first  order,  and  such  an  one  would  be  of 
little  service  to  us  if  we  had  it.  I  know  a  number  of  individuals  in 
my  region  of  the  country  who  are  living  in  sight  of  one  of  the  finest 
universities  in  the  State,  but  sir,  they  have  not  got  the  means  to 
share  its  advantages,  nor  are  they  prepared  to  enter  it  as  students. 
They  are  not  considered  fit  to  associate  with  students  of  wealthy 
parents  who  assemble  there;  notwithstanding  they  were  born  on 
Texas  soil,  within  sight  of  the  location  on  which  the  institution 
stands.  Yet  they  are  scoffed  and  sneered  at  by  the  proud  popin- 
jays who  collect  there  to  enjoy  the  munificent  privileges  of  a  uni- 
versity!— I  object  to  building  a  State  University  because  it  will 
build  up  a  class  of  aristocrats  in  the  country.  The  object  of  it  is 
to  create  an  aristocracy  in  our  own  State,  where  it  already  prevails 
more  than  anywhere  else. 

Mr.  Bryax: — It  appears  to  me,  sir,  that  the  reasons  assigned  by 
the  Senator  from  Rusk  (Mr.  Flanagan)  for  building  two  universi- 
ties, are  not  good.  He  alludes  to  a  division  of  the  State,  and  en- 
deavors to  derive  an  argument  in  favor  of  erecting  two  institutions, 
from  that  source.  I  do  not  like  to  contemplate  the  prospect  of  such 
a  division,  and  hope  it  may  never  take  place.  I  believe  one  univer- 
sity will  do  much  to  bind  the  two  portions  of  the  State  together  in 
the  indissoluble  bonds  of  friendship  and  affection.  There  are  a 
great  many  children  of  our  State  now  receiving  their  education  at 
distant  schools.  They  carry  with  them  there  four  or  five  hundred 
dollars  each,  which  is  expended  beyond  our  borders;  much  of  it 
is  distributed  among  those  who  are  enemies  to  our  institutions,  and 
will  spare  no  pains  to  instil  into  the  minds  of  our  children  doctrines 
and  prejudices  antagonistic  to  the  opinions  of  the  South.  Let  us 
build  up  an  institution  at  home,  where  our  children  can  be  edu- 
cated, and  avoid  the  necessity  of  sending  them  away  to  other  in- 
stitutions. I  trust  and  hope  that  those  who  have  been  advocating 
the  building  of  two  universities  will  abandon  it.      The  original   bill 


32  University  of  Texas  Ilulhlin 

merely  proposes  to  set  asde  a  certain  fund  for  the  buiiding  of  a 
State  university,  but  does  not  define  the  time  within  which  the 
university  shall  be  established. 

Mr.  Millican: — It  is  very  true,  sir,  that  large  sums  of  money  are 
expended  in  the  education  of  our  children,  who  are  sent  beyond  the 
borders  of  our  State  to  complete  their  education;  but  they  are  gen- 
erally sent  to  their  friends  and  relations  who  reside  near  good  in- 
stitutions of  learning  and  not  among  those  who  are  our  personal 
enemies,  and  those  who  are  opposed  to  our  social  organization.  I 
am  opposed,  however,  to  a  division  of  the  State  because  in  that 
operation  she  will  have  everything  to  lose  and  nothing  to  gain.  I 
do  not  think  the  establishment  of  one  university  would  operate  to 
unite  the  different  sections  of  the  State,  which  some  Senators  fondly 
imagine  it  will,  but  rather,  it  will  have  directly  the  contrary  effect, 
to  get  up  feuds  and  dissensions,  by  arousing  the  feeling  of  sectional 
prejudices  which,  in  time,  will  ripen  into  deadly  hatreds  and  ani- 
mosities. If  we  are  to  engage  in  this  business  at  all,  I  am  in  favor 
of  having  two  universities  instead  of  one. 

Mr.  Flanagan:— I  arise  to  make  a  few  remarks  in  reply  to  the  Sen- 
ator from  Brazoria  (Mr.  Bryan).  I  think  I  can  give  an  illustration 
that  will  at  once  settle  the  question  between  us.  He  says,  in  allud- 
ing more  particularly  to  my  former  remarks  on  this  subject,  that 
it  is  for  the  purpose  of  uniting  the  different  portions  of  the  State 
more  strongly  together,  that  he  is  in  favor  of  establishing  but  one 
university.  I  am  reminded,  sir,  of  the  fond  and  affectionate  father, 
who  is  in  possession  of  a  large  fortune  and  who  has  several  sons. 
In  course  of  time  they  arrive  at  mature  years  and  wish  a  pittance 
to  set  up  in  the  world  for  themselves. — But  the  old  gentleman  is 
exceedingly  anxious  that  they  remain  with  him;  and  fearful  that 
they  will  not  do  so  if  amply  provided  for,  he  will  not  so  much  as  give 
them  a  horse  and  saddle;  thereby  depriving  them  of  the  means  of 
traveling.  Now  the  Honorable  Senator  reasons  in  this  wise:  that  if 
we  appropriate  funds  for  the  establishment  of  an  university  in  the 
east  as  well  as  in  the  west,  that  the  east  will  sever  from  us;  but  so 
long  as  we  can  keep  them  subservient  to  this  portion  of  the  country 
they  will  never  attempt  a  division  of  the  State.  As  was  well  re- 
marked by  the  Senator  from  Brazos  (Mr.  Millican,)  if  the  spirit  of 
appropriating  everything  to  the  benefit  of  the  West  is  continued  to 
be  manifested,  the  separation  of  the  State  will  most  assuredly  be 
brought  about;  but  if  a  spirit  of  conciliation  is  manifested  towards 
the  east,  and  full  justice  is  meted  out  to  that  section  of  the  State, 
we  may  cling  together  through  all  time  to  come.  A  contrary  course 
of  action  will  most  assuredly  engender  a  spirit  of  antagonism  be- 
tween the  two  sections  that  will  ultimately  sever  this  State.  It 
may  come  at  no  distant  day.     But  be  that  as  it  may,  it  is  nothing 


A  Sourct  Book  of  tht   University  of  Texas  33 

more  than  right  and  just  to  consult  the  interest  of  the  east.  I 
demand,  in  the  name  of  justice,  that  an  appropriation  he  made  for 
the  erection  of  an  institution  in  the  east  as  well  as  for  one  in  the 
west.  I  ask  it  in  the  name  of  those  who  have  a  right  to  ask  it, 
and  I  hope  it  will  be  cheerfully  granted.  There  can  be  no  valid 
objection  against  it.  Let  us  have  an  institution  to  accommodate 
the  people  of  that  portion  of  our  State,  and  I  care  not  where  you 
locate  your  institution  in  the  west.  Now  is  the  time  to  establish 
these  universities.  Our  children  are  growing  up  and  will  soon  be 
ready  to  enter  such  institutions.  We  have  abundant  means  at  hand, 
and  every  thing  conduces  to  make  this  the  proper  time  to  com- 
mence this  glorious  and  beneficent  work. 

Mb.  Taylor,  of  Cass: — If  I  understand  the  original  bill,  it  appro- 
priates a  certain  fund  for  the  erection  of  two  universities;  and  the 
substitute  proposes  to  endow  but  one  university.  I  prefer  the  orig- 
inal bill,  and  I  agree  with  other  Senators  that  this  is  not  the  proper 
time  to  establish  these  institutions.  I  believe  it  is  to  the  interest 
of  the  State,  however,  to  set  aside  a  fund,  to  be  devoted  to  the  estab- 
lishment of  institutions  of  learning,  at  some  future  time,  especially 
as  it  can  be  done  by  appropriating  United  States  bonds,  which  are 
bearing  interest,  and  incur  no  loss  to  the  State.  We  will  then  have 
the  funds  by  us,  and  they  will  be  ready  for  use  whenever  it  may 
be  thought  necessary,  in  the  opinion  of  the  Legislature,  to  establish 
these  institutions.  It  is  true  now  is  the  time  to  take  preliminary 
steps  towards  securing  this  fund,  but  I  think  before  we  endow  these 
institutions,  and  put  them  into  existence,  we  should  perfect  our 
common  school  system,  that  we  may  bring  up  our  children  in  the 
full  knowledge  of  the  primary  blanches  of  learning,  that  they  may 
be  properly  qualified  to  enter  the  universities  we  are  proposing  to 
build.  I  cannot  see  that  it  is  the  duty  of  this  Legislature  to  endow 
a  university  at  this  time.  As  allusion  has  already  been  made  to  the 
probable  division  of  the  State,  I  think  it  is  highly  important,  and 
nothing  more  than  justice  demands,  that  an  institution  should  be 
established  in  the  East  as  well  as  one  in  the  West.  The  people  of 
that  region  of  the  country  expect  it.  They  expect  it  because  they 
have  a  light  to  expect  it  from  previous  legislation  in  donating  fifty 
leagues  of  land  for  that  purpose.  I  hope  when  this  thing  shall  be 
consummated,  that  there  will  be  endowed  two  institutions,  one  for 
the  eastern  and  one  for  the  western  portion  of  the  State. 

Mk.  Grimes:— I  greatly  prefer  the  original  bill  to  the  substitute 
offered  by  the  Senator  from  Harris.  It  appears  to  me,  however, 
that  if  the  substitute  is  adopted,  it  should  undergo  some  amendment. 
It  should  specify  the  place  at  which  this  institution  should  be  lo- 
cated. I  do  not  know  that  Texas  has  the  means  at  this  time  to 
endow  two  institutions  with  a  sufficient  fund  to  make  their  literary 
character  of  the  first  order.      1  do  not  believe  the  children  of  Texas 


34  University  of  Texas  Bulletin 

are  prepared  for  an  institution  of  the  character  we  are  contemplating 
that  these  shall  be.  I  am  not  one  of  those  who  believe  the  time  will 
ever  come  when  this  State  will  be  divided.  There  is  one  short  word 
that  will,  in  my  opinion  always  hold  th  different  sections  of  this 
State  together,  and  that  is  the  word  "Texan."  I  cannot  believe  that 
any  portion  of  the  State  will  be  willing  to  give  up  that  endearing 
name  to  all  true  Texians. 

Mr.  Millican: — So  far  as  the  universities  are  concerned,  I  say,  if 
it  has  to  be  done,  in  the  name  of  common  sense  let  us  have  two.  I 
am  opposed  to  having  any,  but  if  we  can  build  one  we  can  build  two. 
I  am  perfectly  aware  of  one  thing,  and  that  is,  that  the  proud  and 
the  wealthy  will  be  the  beneficiaries  of  these  universities;  and  that 
the  great  majority,  the  masses  of  the  people,  will  derive  but  little 
benefit  from  this  great  outlay  of  the  means  of  the  State.  Let  us 
bring  up  our  children  with  proper  qualifications  for  entering  these 
universities  before  we  take  hasty  steps  in  appropriating  large  amounts 
for  the  endowment  of  them.  I  believe  the  building  of  but  one  in- 
stitution would  do  more  than  anything  to  cause  a  division  of  the 
State.  I  believe  the  eastern  portion  of  the  State  has  a  right  to 
demand  that  an  institution  be  located  in  that  region  of  the  country. 
Let  us  consult  the  interest  of  all  in  this  matter. 

Mr.  Bryan: — The  bill  provides  that  the  Legislature  shall  decide 
as  to  where  the  University  shall  be  located.  It  does  not  say  whether 
it  shall  be  located  in  the  East  or  West;  that  it  seems  to  me,  obviates 
the  objection. 

Mir.  White: — The  substitute  meets  my  earnest  approbation.  I 
have  no  anxiety  about  the  place  of  its  location.  I  am  perfectly 
willing  to  let  that  be  determined  either  by  the  Legislatude  or  by  the 
people.  But  I  am  anxious  that  but  one  university  shall  be  estab- 
lished, for  the  reasons  already  given  by  other  Senators — that  it  may 
be  the  better  endowed,  that  it  may  tend  to  the  unity  of  the  State, 
and  the  harmony  of  the  citizens  throughout  the  State.  There  is 
nothing  more  certain  than  that  children  reared  up  at  the  same  point 
are  more  attached  to  each  other  than  those  who  are  brought  up  at 
different  places,  with  all  the  prejudices  and  animosities  which  array 
the  people  of  one  section  against  another.  The  distinctions  of  the 
location,  the  two  institutions — one  in  the  East  and  Wrest — would 
of  itself  be  sufficient  to  create  a  rivalry  and  antagonistic  feelings  be- 
tween the  students  of  each.  I  am  in  favor  of  endowing  but  one 
State  university  for  another  reason.  We  can  appropriate  a  larger 
fund  for  its  support,  and  I  want  this  institution  to  have  such  a  lit- 
erary character,  and  be  of  such  an  order,  as  that  a  scholar  who  has 
graduated  there  may  boast  of  it,  and  that  he  will  feel  that  it  is 
as  nuch  honor  for  him  to  be  educated  and  graduated  at  that  in- 
stitu  ion  as  at  any  other,  either  North  or  South.      I  want  to  see  it 


A  Source  Book  of  the  University  of  Texas  35 

of  such  a  high  literary  order  as  will  reflect  honor  and  credit  on  this 
State  and  the  entire  South. 

Mr.  Maverick: — Sir,  I  take  no  interest  in  the  details  of  the  bill. 
The  measure  itself  is  wrong.  I  protest  against  the  whole  thing  as 
wrong,  as  monstrous.  The  country  does  not  want  either  one  or  two 
universities.  And  if  we  had  a  university,  there  is  far  more  likeli- 
hood that  it  would  have  to  be  abated  as  a  nuisance  than  that  we 
should  desire  another  one.  What,  half  a  million  of  dollars  for  one 
or  two  universities,  before  we  have  built  two  school  houses,  or  put 
in  operation  one  school  for  the  space  of  a  year!  Whose  money  is 
this?  And  have  we  or  not  changed  tbe  principles  of  our  govern- 
ment? If  we  have  not,  then,  I  presume  that  the  people  will  put  a 
stop  to  this  contrivance  of  the  enemy.  It  is  so  self-urgent,  that  it  is 
unnecessary  to  urge  that  the  country  requires,  and  ought  to  have,  as 
soon  as  can  be,  a  well  digested  plan  of  education.  The  schools  must 
reach  all,  and  satisfy  the  wants  of  all.  After  they  shall  have  suc- 
ceeded for  years,  it  will  then  do  to  advance  to  academies  and  uni- 
versities. If  put  on  foot  before  the  people  call  for  it,  a  university, 
not  being  wanted  by  the  public,  or  properly  constituted,  will  be  sure 
to  set  itself  up  as  a  secret,  malignant  enemy  of  the  people.  It  is 
curious,  too,  that  we  must  begin  with  a  university,  so  nice,  so  fine, 
and  so  religious.  Sir,  there  is  a  mistake  in  this  calculation,  I  trust. 
And  look  out  to  see  if  some  wiseheads  are  not  hit,  and  bumped  badly 
against  these  high  and  mighty  walls  of  humbuggery.  Sir,  after  ele- 
mentary schools  shall  prove  to  be  successful  and  universal  I  trust 
that  in  this  progressive  time  it  will  really  not  be  long  before  we 
shall  naturally  have  what  I  now  regard  as  so  inopportune.  I  trust 
we  shall  pick  up  experience  and  do  more  and  better  than  we  yet 
have  with  our  schools.  The  public  ought  to  move  in  the  matter 
of  school  houses,  and  require  legislative  aid  if  necessary.  If  left  to 
a  popular  vote,  how  much  more  preferable  to  a  university  would  be 
found  academy  buildings  throughout  the  villages  of  the  State.  My 
best  hopes  would  be  fulfilled  if  I  could  be  permitted  to  see,  spread 
abroad,  common  schools  and  common  sense,  school  books  and  slates, 
ir.  old  time,  dear  innocence.  Then  will  be  the  time,  and  it  will  be 
directly,  I  hope,  when  we  shall  be  cutting  some  high  shines.  When 
the  people  want  one,  ten,  or  twenty  universities,  1  hope  there  will 
be  no  difficulty  in  getting  them.  And  when  made  at  their  bidding, 
and  out  of  the  materials  furnished  by  the  people,  our  universities 
will  not  be  like  some  others,  I  trust,  supported  by  the  public,  but 
standing  in  opposition  to  the  dearest  rights  of  the  public,  nurseries 
of  imbecility,  impudence,  ignorance,  and  arrogance.  Such  and  so 
rank  are  the  offences  of  West  Point,  and  other  high  schools  and 
universities,  that  ere  long  the  public  must  either  suppress  them  or 
transform  them.  Otherwise  we  shall  shortly  witness  nothing  less 
than  the  liberties  of  the  people  seized  and   usurped   b\    men  banded 


36  University  of  Texas  Bulletin 

together  whilst  sitting  at  the  public  board.  The  air  is  so  heavily 
laden  with  these  powerful  malignities,  that,  in  the  nature  of  things, 
it  cannot  be  long  before  a  general  explosion  must  ensue.  When  it 
does,  truth  will  once  more  be  fully  known  and  appreciated  in  a  clear 
light. 

Mb.  Armstrong: — At  the  proper  time,  I  shall  take  great  pleasure 
in  voting  for  the  original  bill,  in  preference  to  the  substitute.  I 
shall  oppose  everything  pertaining  to  the  establishment  of  colleges 
in  Texas,  with  a  sincere  conviction  that  it  is  bad  policy  for  the  State 
at  the  present  time,  and  before  we  shall  have  perfected  a  system  of 
common  schools  by  which  the  masses  of  the  people  can  be  thoroughly 
instructed  in  the  rudimental  branches  of  learning.  Until  such  a 
system  of  common  schools,  shall  be  established,  I  will  be  bound  to 
oppose  and  vote  against  appropriations  for  the  endowment  of  all 
institutions  of  a  collegiate  character,  which  have  for  their  exclusive 
object  the  benefit  of  particular  classes.  If  we  erect  these  State  uni- 
versities, who,  I  will  ask,  are  to  be  benefited  most  by  it?  It  will 
not  be  the  great  body  of  the  people,  whose  necessities  should  be 
more  immediately  provided  for,  but  it  will  benefit  those  who  are  able 
to  educate  their  children  independent  of  colleges.  And  I  say  it  is 
unjust  and  wrong  to  take  preliminary  steps  towards  furnishing  the 
rich  and  the  wealthy  with  ample  provision  for  the  most  extended 
system  of  instruction  until  those  who  are  unable  to  acquire  even  an 
ordinary  amount  of  elementary  instruction  shall  not  have  been  pro- 
vided for.  I  am  in  favor  of  bringing  our  common  school  system 
to  such  a  state  of  effective  operation  as  that  the  children  who  at- 
tend them  and  go  through  their  prescribed  course  of  instruction  will 
be  amply  qualified  to  enter  the  collegiate  department  of  literary  in- 
stitutions of  the  first  order.  When  that  shall  be  done,  and  the  edu- 
cational facilities  shall  be  brought  within  the  reacn  of  every  citizen 
of  the  State,  I  will  be  ready  and  willing  to  vote  for  an  appropriation 
to  endow  a  State  university  of  the  highest  literary  character,  and 
supply  it  with  the  best  qualified  professors  our  country  affords. 
Our  children  are  not  yet  qualified  to  enter  such  an  institution  as  we 
propose  to  establish.  A  man  might  now  reside  wTithin  five  miles  of 
such  a  college,  and  yet  not  be  able  to  avail  himself  of  its  advantages. 
Mr.  President,  it  has  been  argued  before  this  Senate  with  a  good 
deal  of  apparent  plausibility,  that  the  establishment  of  a  State 
university  will  be  saving  to  the  State:  that  it  will  remove  the  neces- 
sity of  the  people  sending  their  children  abroad  to  be  educated,  and 
the  large  amounts  now  expended  for  such  education  will  be  retained 
within  the  State,  and  that  it  will  also  obviate  the  practice  of  sending 
our  children  to  northern  institutions,  where  they  are  in  great  danger 
of  having  erroneous  and  ruinous  doctrines  impressed  on  their  young 
and  plastic  minds.  This  objection  is  very  easily  answered  with  the 
fact  that  those  who  send  their  children  to  the  States  either  North  or 


A  Source  Book  of  the  University  of  Terns  37 

South,  generally  send  them  to  their  friends  or  relatives,  and  not 
among  those  who  are  their  personal  enemies,  and  who  will  make  use 
of  any  means  to  poison  the  mind  of  the  youthful  student  who  may 
be  committed  to  their  care  and  control,  with  opinions  prejudicial  to 
our  institutions.  Our  citizens  send  their  children  to  the  States  to 
be  educated,  as  a  matter  of  choice,  and  not  of  necessity.  The  same 
amount  of  money  that  is  expended  in  their  education  and  traveling 
expenses  would  enable  them  to  procure  the  best  teachers  at  home. 
Then,  Mr.  President,  I  will  say  I  am  opposed  to  the  establishment 
of  a  State  university  until  we  have  provided  ample  means  for  the 
education  of  the  masses  of  our  people.  It  is  a  time-honored  propo- 
sition, laid  down  by  all  philosophers  and  statesmen,  that  the  founda- 
tion of  every  republican  government  rests  in  the  intelligence  of  the 
people,  that  knowledge  is  power,  and  that  knowledge  generally  dis- 
seminated is  the  only  hope  on  which  we  can  rely  for  the  permanency 
and  duration  of  government;  and  that  when  it  is  found  that  knowl- 
edge is  confined  to  the  few,  and  excluded  from  the  many,  our  institu- 
tions are  standing  upon  narrow  and  uncertain  foundations.  We  are 
proposing  to  carry  into  effect  a  measure  which  will  result  in  keeping 
up  a  distinction  between  the  rich  and  poor. 

The  President  here  suggested  to  the  Senator  that  the  original  bill 
was  not  properly  before  the  Senate  for  discussion,  the  question  pend- 
ing being  on  the  adoption  of  the  substitute  to  the  bill. 

Mr.  Armstrong: — I  can  only  excuse  myself  for  trespassing  on  the 
rules  of  the  Senate  in  proceeding  to  the  dicussion  of  the  main  ques- 
tion, by  remarking  that  several  Senators  who  have  preceded  me 
have  discussed  the  merits  of  the  bill  pretty  fully.  The  question,  as 
I  understand  it,  which  is  now  properly  before  the  Senate  is,  whether 
we  shall  have  one  or  two  State  Universities.  I  am  happy  to  know 
that  several  Senators  are  of  the  same  opinion  as  myself  in  regard 
to  the  propriety  of  engaging  in  this  business  at  this  time.  I  had 
expected  that  I  would  be  the  only  Senator  who  would  raise  his  voice 
against  this  measure.  How  many  of  those  who  are  now  citizens  of 
cur  country,  of  those  who  came  here  many  years  ago  and  participated 
in  our  revolutionary  struggles,  will  be  the  beneficiaries  of  the  State 
University?  Comparatively  few.  Their  children  are  not  prepared 
to  enter  such  an  institution,  and  those  who  are  now  able  to  educate 
their  children  anywhere  will  come  in  and  share  its  advantages. 

Mr.  President,  I  am  opposed  to  the  establishment  of  collegiate  in- 
stitutions. I  contend  they  are  productive  of  more  evil  than  good. 
They  are  generally  the  hotbeds  of  immorality,  profligacy  and  licen- 
tiousness. We  see  the  character  of  more  youths  corrupted  and  de- 
praved in  colleges;  more  persons  who  come  from  colleges  who  end 
their  lives  by  committing  suicide,  than  we  do  of  those  who  come 
fiom  the  common  schools  of  our  country.  They  also  have  a  tendency 
to  create  an  aristocracy,   and   raise   a  distinction   between   different 


38  University  of  Texas  Bulletin 

classes  of  our  citizens.  It  is  practically  carrying  out  the  doctrine 
propagated  by  the  Elder  Adams  in  preserving  the  distinction  between 
what  he  was  pleased  to  term  gentlemen  and  simpletons.  Let  us  pro- 
vide a  practical  and  efficient  system  of  common  schools,  in  which 
the  exercises  shall  alternate  between  labor  and  study,  so  that  the 
body  of  the  student  may  be  developed  in  proportion  to  the  ad- 
vancement of  the  mind.  This  is  the  way  to  qualify  our  children  to 
be  of  service  to  the  country. — Our  boys  will  become  active,  useful 
and  enterprising  men,  who  will  be  ready  to  engage  in  the  cause, 
and  fight  the  battles  of  our  country,  or  in  times  of  peace,  become 
respectable  citizens,  and  valuable  members  of  society.  Let  us  per- 
fect our  system  of  common  schools  in  such  a  manner  that  every 
citizen  in  the  State  may  have  free  access  to  its  manifold  blessings 
and  privileges.  I  feel  satisfied  that  the  Senate  will,  on  reflection, 
determine  to  postpone  any  action  on  this  subject  until  some  future 
and  more  favorable  period. 

Mb.  Bryan: — I  would  ask  the  Senate  to  be  allowed  the  same  cour- 
ment  offered  by  the  Senator  from  Williamson,  (Mr.  Armstrong) 
against  the  policy  of  the  State  to  make  donations  for  the  establish- 
ment of  universities.  v 

The  President: — 'I  would  again  suggest  to  the  Senator  from  Bra- 
zoria and  to  the  Senate,  the  impropriety  of  discussing  the  main 
question,  as  the  question  now  before  the  Senate  is  On  the  adoption 
of  the  substitute,  which  changes  very  materially  the  features  of 
the  original  bill. 

Mr.   Bryan:—  I  would  ask  the  Senate  to  be  allowed  the  same  cour- 
tesy which  has  just  been  extended  to  the  Senator  from  Williamson. 
The  Senate  granted  the  privilege  of  reply. 

Mr.  Bryan: — The  Senator  from  Williamson  has  spoken  cf  col- 
legiate institutions  as  being  t/ie  nurseries  of  aristocratic  opinions, 
and  calculated  to  exert  an  influence  to  promote  divisions  and  classes 
among  our  people,  and  in  proof  of  his  allegation,  has  referred  to 
the  evidence  of  the  elder  Adams.  As  a  rebutting  argument,  I  would 
ask,  is  not  one  who  is  recognized  as  the  leader  of  the  democratic 
party,  the  father  of  the  university  of  Virginia?  I  allude  to  Thomas 
Jefferson.  The  establishment  of  that  university  he  considered,  next 
to  being  the  author  of  the  Declaration  of  Independence,  as  the 
noblest  act  of  his  life,  and  wished  it  inscribed  on  his  tombstone 
"Thomas  Jefferson,  author  of  the  Declaration  of  Independence  and 
father  of  the  university  of  Virginia."  If,  sir,  it  be  aristocratic  for 
those  who  have  been  educated  at  college  to  cherish  an  ardent  love 
for  literary  pursuits,  and  an  admiration  of  the  fine  arts;  if  it  be 
aristocratic  to  cherish  a  love  for  all  knowledge  that  conduces  to 
happiness  and  well  being  of  man.  then,  sir.  collegiate  institutions 
are  the  nurseries  of  aristocratic  opinions.  The  honorable  senator 
says  that  until  we  have  perfected  a  system   of  common   schools,   it 


A  Source  Book  of  the  University  of  Texas  39 

will  be  unwise  and  impolitic  to  make  appropriations  to  establish  a 
State  university.  Sir,  we  have  a  large  territory,  which  is  sparsely 
settled,  and  it  will  be  many  years  before  it  will  be  sufficiently  set- 
tled up  by  emigrants  for  the  people  to  receive  such  benefit  from 
the  common  school  system  as  is  contemplated  by  the  Senator.  I 
am  as  much  in  favor  of  free  schools  as  the  Senator  himself,  but  I 
am  perfectly  satisfied  that  there  can  be  no  free  school  system  de- 
vised that  will  not  remain  ineffective  for  many  years  to  come.  It 
wiil  be  many  years  before  a  State  university  can  be  put  into  opera- 
tion, if  we  make  an  appropriation  now  for  its  erection,  and  hence 
the  necessity  for  immediate  action.  The  Senator  from  Williamson 
seems  to  entertain  the  opinion  that  this  university  would  benefit 
none  but  the  wealthy  of  our  population,  that  it  will  tend  to  create 
perverted  habits,  and  to  induce  profligacy,  extravagance  and  licen- 
tiousness among  those  who  may  study  at  it.  I  am  truly  sorry  he 
entertains  such  an  opinion  of  the  institutions  of  our  land.  But  shall 
we  provide  no  means  for  those  who  wish  to  extend  and  complete 
their  education  because  a  majority  are  content  to  walk  in  the  hum- 
ble fields  of  letters?  Let  us  give  the  youthful  aspirant  an  oppor- 
tunity to  take  higher  flights  in  the  field  of  letters  and  of  science. 
True,  there  have  been  many  great  men  who  have  distinguished 
themselves  in  the  service  of  their  country,  who  have  come  from 
the  humbler  walks  of  life,  but  they  are  exceptions  to  the  general 
rule,  and  we  have  no  assurance  that  the  masses  will  ever  follow 
their  example. 

Mr.  Guinn: — I  wish  to  say  that  I  endorse  the  principles  of  the 
original  bill.  I  think  the  present  the  proper  time  to  decide  the 
question  whether  we  shall  have  one  or  two  universities.  It  is  well 
known  that  we  have  a  great  diversity  of  climate  in  the  State  of  Texas, 
and  I  think  it  will  result  in  great  hardship  to  the  people  to  locate 
an  institution  in  one  section  of  the  country  and  force  the  children 
of  other  sections  to  the  necessity  of  traveling  a  great  distance,  and 
of  residing  in  climates  differing  very  materially  from  that  they  are 
accustomed  to,  to  enjoy  the  benefit  of  this  university.  I  would 
much  rather  risk  the  health  of  my  children  in  my  own  native  State 
in  East  Tennessee  than  to  send  them  here  to  be  educated  in  this 
climate,  differing  as  it  does  from  that  in  which  I  now  reside.  I  do 
not  wish,  however,  to  intimate  that  this  is  a  sickly  locality,  but  1 
am  perfectly  satisfied  that  there  is  a  greater  difference  between  this 
climate  and  that  of  eastern  Texas  than  there  is  between  this  cli- 
mate  and  that  of  eastern  Tennessee. 

Mr.  President,  it  is  contended  that  the  State  of  Texas  is  not  now 
able  to  erect  two  university  buildings  and  endow  the  professorships 
liberally.  The  substitute  offered  by  the  gentleman  from  Harris. 
(Mr.  Palmer)   appropriates  $250,000  as  a  fund  for  each  institution. 


40  University   of  'Texas  Bulletin 

Allowing  that  $100,000  will  erect  the  buildings  for  each,  we  will 
have  remaining  a  fund  of  $150,000,  which,  at  an  interest  of  six  per 
cent  will  bring  in  a  sum  of  $9,000  per  annum,  which  may  be  appro- 
priated to  the  payment  of  professors,  etc.  This  is  according  to  the 
proposition  laid  down  by  the  honorable  senator  himself,  who  is  so 
earnest  in  his  vindication  of  the  policy  of  establishing  but  one  uni- 
versity, on  the  grounds  that  we  are  not  able  to  erect  two  institu- 
tions. It  has  been  well  remarked  by  the  Senator  from  Rusk,  (Mr. 
Flanagan,)  that  the  people  of  Eastern  Texas  legitimately  expect  an 
appropriation  to  establish  a  university  for  that  section  of  the  State. 
We  only  want  equal  justice  done  to  all  sections  of  the  State,  and  I 
think  the  substitute  does  not  propose  to  go  so  far. 

Mr.  Palmer: — When  I  offered  that  substitute,  I  had  no  expecta- 
tion of  entering  into  a  discussion  of  its  merits,  nor  do  I  feel  able 
to  do  so  now.  But  I  do  sincerely  hope  that  the  Senate  will  consider 
the  necessity  and  the  importance  of  establishing  one  State  univer- 
sity, if,  indeed  there  is  anything  done  at  all.  The  objections  wQicn 
some  Senators  have  urged  against  this  substitute,  are,  that  it  re- 
quires the  location  of  this  institution  to  be  immediately  determined, 
and  its  erection  commenced,  I  do  not  think  worthy  of  a  great  deal 
of  consideration.  It  will  require  at  least  five  years  to  construct  the 
necessary  edifices,  and  put  everything  in  operation;  and  sir,  it  is 
for  that  reason  I  was  most  anxious  that  preliminary  steps  should 
be  taken  now  to  make  the  proper  appropriation,  and  appoint  com- 
missioners to  contract  for  the  work.  If  we  make  an  appropriation 
for  this  object  at  all,  we  had  as  well  commence  the  use  of  it  at 
once.  Senators  make  a  most  egregious  mistake,  if  tney  suppose 
there  is  not  a  sufficient  number  of  children  in  the  State  properly 
qualified  to  enter  this  institution.  Sir,  if  that  institution  was  erected 
to-day,  in  less  than  one  year  from  this  time  there  would  be  two 
hundred  and  fifty  students  within  its  halls.  As  regards  the  climate, 
it  does  appear  to  me  that  objection  should  not  weigh  on  the  minds 
of  Senators  a  moment.  If  we  were  under  the  necessity  of  sending 
our  children  to  other  States,  and  to  Northern  institutions,  we  would 
undergo  far  greater  inconvenience  from  a  change  of  climate  than 
we  could  from  any  climate  in  the  State.  The  difference  of  climate 
in  our  own  State  is  not  between  the  eastern  and  western  sections, 
as  the  Senator  from  Cherokee  seems  to  suppose,  but  between  the 
northern  and  southern  portions.  The  inhabitants  of  these  extreme 
portions  might  plead  this  objection  with  some  degree  of  plausi- 
bility, but  the  argument  that  the  people  of  either  the  extreme 
eastern  or  western  portions  of  the  State  would  suffer  real  hard- 
ships, I  think,  to  say  the  least,  is  worthy  of  but  little  considera- 
tion. Children  whose  bodies  are  yet  unmature,  suffer  but  little 
inconvenience  from  a  change  of  climate.  We  send  our  children  to 
Northern  institutions  without  any  deleterious  results  to  their  consti- 


.1  Source  Book  of  lh<  University  of  Texas  41 

tutions  on  account  of  change  of  climate.  It  is  not  the  climate  of 
the  North  I  fear,  so  much  as  I  do  the  principles  insidiously  instilled 
into  our  children  in  those  institutions.  Sir,  I  fear  far  more  their 
influence  on  the  mind  than  I  do  the  inroads  of  the  climate  upon 
the  constitutions  of  those  we  send  there.  The  want  of  facilities 
for  travelling  has  also  been  alluded  to,  as  another  objection  to  the 
establishment  of  but  one  institution.  These  are  constantly  increas- 
ing every  year,  and  the  time  is  coming  when  we  shall  have  ample 
railroad  communication  throughout  the  State,  when,  as  I  do  fer- 
vently hope,  we  shall  be  bound  together  by  bands  of  iron  and  tele- 
graph wires,  and  a  little  stronger  than  those  which  seem  to  influ- 
ence some  members  of  this  Senate. 

Mr.  President,  it  has  been  urged  that  two  universities  should  be 
established,  because  at  some  distant  day  there  may  be  a  division  of 
the  State.  Sir,  this  is  the  very  thing  I  most  deprecate.  It  is  what 
I  fear,  and  shall  ever  iaise  my  feeble  voice  to  prevent  its  consum- 
mation. Gentlemen  have  mistaken  my  motives,  if  they  thought 
that  I,  in  contending  for  the  building  of  but  one  university,  desired 
to  make  the  East  subservient  to  the  West  in  any  degree  whatever. 
It  was  because  I  wished  that  there  might  be  some  point  at  which  our 
children  from  all  portions  might  be  brought  together,  and  associate 
with  each  other,  and  cultivate  a  feeling  of  mutual  friendship  and 
harmony,  that  would  break  up  all  sectional  strifes  and  prejudices, 
and  remove  all  desire  to  have  a  division  of  the  State.  I  do  not  be- 
lieve that  the  great  body  of  the  people  desire  any  division,  nor  can 
I  persuade  myself  that  it  will  ever  be  done.  Is  there  any  Senator 
here  who  would  wish  that  his  section  of  the  State  should  be  ex- 
cluded from  claiming  that  name  dear  to  the  heart  of  every  true 
Texian?  The  contest,  in  my  humble  opinion,  would  be  far  greater 
between  the  East  and  the  West,  as  to  which  should  be  known  as 
Texas  than  it  would  be  for  a  division  of  the  State.  As  was  very 
forcibly  expressed  by  the  Senator  (Mr.  Grimes')  I  believe  the  word 
"Texian"  will  be  enough  to  bind  Texas  in  one  political  compact  for 
ever.  Why,  sir,  we  had  as  well  talk  about  dividing  the  Lone  Star 
which  has  so  long  been  the  guiding  light  of  the  destinies  of  Texas 
into  lesser  luminaries,  as  to  think  of  ever  dividing  the  State  of 
Texas.  It  has  been  said  that  colleges  are  the  nurseries  o>  aristo- 
cratic principles;  that  those  who  have  been  educated  in  them  ara 
not  practical  and  useful  men  to  their  country,  and  that  they  exert 
an  influence  to  corrupt  and  vitiate  the  character  of  those  attending 
them.  In  reply  to  this  allegation,  I  would  point  you  to  the  distin- 
guished statesmen  and  scholars  of  the  present  day,  who  have  laid 
the  foundation  of  their  usefulness  and  greatness  at  collegiate  insti- 
tutions. As  has  been  well  remarked  by  the  honorable  Senator  from 
Brazoria    (Mr.   Bryan)    the  ablest  statesman   and   philosopher  of  the 


42  University  of  Texas  Bulletin 

present  century  was  educated  at  a  college  and  in  favor  of  colleges, 
and  is  now  very  justly  regarded  as  the  father  of  liberal  institutions 
in  the  United  States,  and  went  further  in  promoting  the  diffusion 
of  liberal  principles  and  doctrines  than  any  other  man  who  has 
lived  after  him.  I  refer,  sir,  to  Thomas  Jefferson,  the  author  of  the 
Declaration  of  Independence,  who  regarded  the  establishment  of 
the  University  of  Virginia  next  to  being  the  author  of  the  Declara- 
tion of  Independence,  as  the  greatest  act  of  his  life.  And  when  he 
came  to  his  dying  hour,  wished  it  inscribed  upon  his  tombstone, 
"Thomas  Jefferson,  author  of  the  Declaration  of  Independence,  and 
of  the  Statute  of  Virginia,  establishing  religious  freedom,  and  the 
father  of  the  University  of  Virginia."  Still,  gentlemen  of  this  Sen- 
ate would  have  us  believe  that  the  establishment  of  colleges  in  our 
State  would  be  the  death  knell  to  our  political  institutions. 

Mr.  President,  one  other  argument  and  I  am  done.  Senators  tell 
us  that  poor  children  of  the  State  will  receive  no  benefit  from  this 
State  university,  that  that  class  of  children  will  be  refused  admit- 
tance within  its  halls.  I  tell  you,  sir,  that  is  not  the  case.  There 
is  not  a  State  University  in  the  land  but  what  admits  a  certain  por- 
tion of  poor  students  to  be  educated  free  of  charge.  Upon  putting 
a  university  in  operation,  we  can  provide  for  the  education  of  a 
certain  number  of  indigent  and  worthy  children  in  the  institution 
we  are  now  proposing  to  build.  The  great  advantage  resulting  from 
such  an  institution  will  be  in  providing  well  qualified  teachers  for 
the  primary  schools  of  the  country,  who  will  go  out  in  every  direc- 
tion, and  engage  in  the  profession  of  teaching.  But  above  all,  Mr. 
President,  I  sincerely  hope  that  the  Senate  will  not  destroy  all  the 
benefits  which  are  commonly  derived  from  institutions  of  this  char- 
acter, by  frittering  away  the  means  which  Ave  propose  to  donate  on 
two  universities,  neither  of  which  can  be  such  institutions  as  we 
have  now  in  contemplation  to  establish.  I  care  not  where  you  lo- 
cate this  institution,  whether  in  the  East  or  in  the  West.  I  am 
altogether  indifferent  in  regard  to  it.  I  recognise  no  geographical 
lines  in  my  views  of  legislation  in  regard  to  the  interests  of  this 
State.  It  is  all  Texas.  It  is  your  Texas,  and  my  Texas.  It  is  our 
Texas.  We  should  ail  feel  one  individual  interest  for  the  common 
weal,  and  should  do  everything  in  our  power  to  promote  the  har- 
mony and  unity  of  the  different  sections  of  our  State,  and  guard 
carefully  everything  that  can  have  a  tendency  to  save  it. 

Mr.  Mii-t.k'ax: — I  would  like  to  make  some  'further  remarks  in 
reference  to  this  bill,  but  as  I  do  not  feel  prepared  to  vote  on  the 
measure  at  present,  I  will  move  the  further  consideration  of  the 
bill  be  postponed  to  January,  the  20th  inst. 

Mb.  Bryan: — The  bill  has  already  been  postponed  once.  It  came 
up  in  regular  order  last  week,  and  was  made  the  special  order  for 


A  Source  Book  of  tin  University  of  Texas  43 

today.  Now  a  motion  is  made  for  the  further  postponement  of  it. 
It  seems  to  me  Senators  are  as  well  qualified  to  act  intelligently  on 
this  subject  as  they  probably  will  be  after  postponement. 

Mb.  Hill: — I  trust  the  bill  will  not  be  deferred.  The  session  is  ad- 
vancing, and  it  has  already  occupied  much  time  in  discussion.  I 
can  see  no  good  reason  for  further  postponement. 

The  Senate  refused  to  postpone. 

Mb.  Guinn: — For  the  purpose  of  ascertaining  the  opinion  of  the 
Senate,  I  now  move  to  lay  the  substitute  on  the  table. 

The  Senate  refused  to  lay  the  substitute  on  the  table. 

MJE.  Bbyan: — I  wish  to  offer  the  following  substitute.  "A  bill  to 
establish   two   universities." 

This  is  offered  as  a  substitute  for  the  original  bill,  which  pro- 
poses to  set  apart  a  fund  of  $500,000,  to  be  appropriated  at  some 
future  time  to  erect  and  support  two  institutions.  The  substitute 
proposed  to  net  aside  the  sum  of  $400,000,  to  be  appropriated  to  the 
building  of  two  State  universities,  one  located  in  the  eastern,  and 
one  in  the  western  part  of  the  State.  The  substitute  also  makes 
provision  for  the  commencing  the  work  at  once. 

Mb  Allkn: — I  would  call  the  attention  of  the  Senate  in  the  dis- 
cussion of  this  bill,  to  the  act  of  January  26th,  1839.  entitled  "An 
act  appropriating  certain  lands  for  the  establishment  of  a  general 
system  of  education,  section  four  of  which  act  reads  as  follows: 
"Be  it  further  enacted,  that  the  President  of  the  Republic  be,  and 
he  is  hereby  authorized  and  required  to  appoint  a  surveyor,  and 
have  surveyed,  on  and  from  any  of  ine  vacant  lands  of  this  Re- 
public, fifty  leagues  of  land,  which  is  to  be  set  apart,  and  is  hereby 
appropriated  for  the  establishment  and  endowment  of  two  colleges 
or  universities  hereafter  to  be  created;  and  that  the  President  is 
hereby  authorized  to  draw  upon  the  treasury  of  this  Republic  for 
such  sum  or  sums  of  money  as  may  be  necessary  to  defray  the  ex- 
penses to  be  incurred  by  locating  and  surveying  said  lands." 

Now,  it  appears  to  me.  Mr.  President,  that  the  proper  course  to 
pursue  would  be  to  make  a  sufficient  appropriation  now  to  procure 
the  necessary  grounds,  and  erect  the  buildings  for  this  university, 
reserving  this  bonus  of  land  to  be  expended  in  the  support  of  the 
institution  hereafter.  There  is  no  good  reason  for  not  making  any 
appropriation  now,  because  past  Legislatures  have  donated  freely 
the  public  domain  for  the  establishment  of  educational  institutions. 
This  land  will  be  a  safe  investment  through  all  time  to  conic,  and 
will  be  subject  to  the  action  of  any  future  Legislature. 

Mb  Scott: — 'I  have  not  yet  taken  any  pari  in  the  discussion  of 
this  question,  nor  did  I  intend  to  say  anything  on  this  subject;  but 
as  it  has  been  so  fully  discussed  by  other  senators.  I  feel  called 
upon  to  define  my  position  at  least.     A  great  deal  has  been  said  in 


44  University   of  Texas  Bulletin 

relation  to  this  subject,  much  of  which  I  cannot  assent  to.  I  agree, 
however,  with  the  Senator  from  Bexar  (Mr.  Maverick)  in  the  opin- 
ion that  we  should  first  direct  our  efforts  and  means  to  perfect  an 
efficient   practical   school   system. 

It  has  been  said  in  the  course  of  the  discussion  that  the  erection 
of  one  magnificient  university  in  a  central  position  would  have  the 
effect  of  binding  together  more  firmly  the  people  of  our  State;  to 
this  I  dissent;  centralism  will  not  do  for  governments  nor  schools; 
its  effect,  as  applied  to  governments,  is  to  produce  dissatisfaction 
in  the  remote  and  integral  parts,  and  will  cause  dissatisfaction,  and 
sometimes  revolt  and  desolation;  and  as  to  schools,  nearly  the 
same  cause  for  dissatisfaction  would  arise,  and  I  am  sure  that  in- 
stead of  binding  the  people  more  closely,  it  would  have  the  effect 
to  alienate  their  affections  because  of  the  inequality  of  the  benefits 
arising  therefrom. 

The  interests  of  the  rising  generation  are  dependent  on  a  par- 
ticular system  of  common  schools  to  obtain  the  ordinary  amount  of 
elementary  instruction.  And  shall  we  blindly  pass  by  their  neces- 
sities, and  appropriate  several  hundred  thousand  dollars  to  erect 
and  endow  an  institution  from  which  but  comparatively  few  of  the 
people  of  our  State  will  derive  any  advantage  whatever?  Shall  we 
prove  forgetful  of  the  demands  of  justice,  and  recreant  to  the  in- 
terests of  our  constituents,  and  to  those  who  are  to  live  after  us, 
and  to  perpetuate  the  rights  and  institutions  transmitted  to  us  from 
our  fathers,  through  all  future  time?  Will  the  people  sustain  us 
in  this  enterprise?  I  feel  firmly  convinced  that  they  will  not;  and 
in  addition  to  this,  what  right  have  we  to  appropriate  the  money  of 
the  whole  people  of  the  State  to  the  support  of  a  Stat-e  university 
which,  as  every  one  must  know,  will  be  of  no  advantage  to  the 
masses  of  the  people?  It  will  benefit  the  wealthy  classes  only,  and 
they  are  amply  prepared  to  educate  their  children  anywhere  they 
may  choose,  at  their  own  expense.  I  do  not  believe  we  have  the 
right  to  make  such  an  appropriation,  nor  do  I  believe  the  people 
will  sanction  such  a  course  of  action;  but  on  the  contrary,  they 
will  hold  us  strictly  accountable  for  this  reckless  piece  of  extrava- 
gance and  folly. 

Sir,  if  an  appropriation  for  this  object  has.  to  be  made;  if  Sena- 
tors will  insist  on  establishing  a  university  or  universities  at  this 
time,  I  am  in  favor  of  building  two  institutions  instead  of  one.  I 
conceive  that  they  would  be  of  more  advantage  to  the  people,  one 
being  located  in  each  division  of  the  State,  than  one  would  be  lo- 
cated in  the  central  portion.  I  do  hope,  however,  that  Senators 
will  take  into  consideration  the  vast  importance  of  establishing  a 
system  of  common  schools.  If  our  school  system  is  now  imperfect 
and  fails  to  accomplish  the  object  for  which  it  was  intended,  let  us 


A  Source  Book  of  tin  University  of  Texas  45 

go  to  work  and  perfect  it.  Let  us  bring  it  to  that  state  of  perfec- 
tion, that  every  child  in  the  State  will  be  given  a  good  practical 
education.  And  after  we  shail  have  done  this,  after  we  have  se- 
cured ample  facilities  for  the  instruction  of  the  masses,  we  will 
have  abundant  time  and  opportunity  to  erect  an  institution  or  in- 
stitutions that  will  be  an  honor  to  the  State. 

Mr.  Scott  offered  a  bill  appropriating  $1,000,000  of  the  five  per 
cent.  United  States  bonds  as  an  additional  fund  for  our  common 
schools  as  a  substitute  .for  the  bill  and  substitute. 

On  motion  of  Mr.  Potter  the  Senate  adjourned. 

Dec.  11,  1855,  S.  G.  A.,  Vol  I,  Part  I,  p.  98 

State   University 

The  Senate  had  under  consideration  at  the  time  of  its  adjourn- 
ment on  yesterday,  a  bill  to  create  a  fund  for  the  erection  and  sup- 
port of  a  State  University.  The  question  pending  was  on  the  adop- 
tion of  the  substitute  offered  by  the  Senator  from  Harrison. 

Mr.  Potter: — I  would  enquire,  sir,  if  it  be  in  parliamentary  order 
to  receive  this  substitute  as  a  substitute  for  the  original  bill?  I 
understand  the  bill  provides  for  the  appropriation  of  a  special  fund 
to  erect  a  State  University;  while  the  substitute  proposes  to  set 
aside  one  million  dollars  as  fund  to  be  appropriated  for  the  benefit 
of  common  schools.  It  appears  to  me  that  the  bill  and  substitute 
have  separate  and  distinct  objects  in  view,  and  are  altogether  dis- 
similar in  character. 

Mr.  Scott: — The  Senator  from  Galveston  seems  to  think  the  sub- 
stitute out  of  order.  I  cannot  think  so;  but  on  the  contrary,  I  think 
it  directly  in  point.  The  subject  of  education  is  properly  before  the 
Senate  and  appears  to  me,  sir,  that  we  should  begin  at  the  founda- 
tion and  provide  first  an  effective  and  satisfactory  system  of  com- 
mon schools;  after  which  we  may  more  legitimately  legislate  for 
the  establishment  of  institutions  of  a  higher  order.  I  shall  then 
be  as  much  in  favor  of  building  colleges  as  any  member  on  this 
floor. 

The  President: — T  remark  that  the  opinion  of  the  Senate  would  be 
determined  by  putting  the  question  on  the  adoption  of  the  substi- 
tute. I  am  not  fully  decided  that  the  substitute  is  out  of  order  and 
would  prefer  it  should  be  left  to  the  opinion  of  the  Senate. 

Mr.  Potter: — It  strikes  me  sir,  that  the  adoption  of  the  substi- 
tute would,  in  effect  repudiate  the  subject  now  under  consideration 
before  the  Senate.  I  am  as  much  in  favor  of  common  schools  as  the 
gentleman  from  Harrison.  I  have  always  believed  in  log  cabins 
and  have  acted  on  these  principles  throughout  my  whole  legislative 
course.  It  was  only  a  point  of  order  with  myself  that  1  made  the 
question. 


46  University  of  Texas  Bulletin 

Mr.  Bryan: — I  am  perfectly  satisfied  the  substitute  is  out  of  order, 
and  if  it  should  be  adopted  would  change  entirely  the  nature  of  the 
subject  now  under  consideration. 

Mr.  Taylor  of  Cass: — I  think  the  better  way  to  dispose  of  this 
matter  is  to  refer  both  the  bill  and  substitute  to  the  committee  on 
Education  and  let  them  take  into  consideration  the  whole  subject. 
Perhaps  they  will  be  able  to  propose  a  bill  that  will  be  satisfactory 
to  the  Senate.  I  will  move  that  the  bill  and  substitute  be  referred 
to  the  committee  on  Education. 

The  motion  being  put  the  reference  was  made. 

SIXTH  LEGISLATURE,  ADJOURNED  SESSION,  JULY  7, 
TO  SEPTEMBER  1,  1856 

PROCEEDINGS   IX   THE   LEGISLATURE 

H.  B.  2  7 — By  Mr.  Reeves. 

To  authorize  the  Governor  to  cause  the  unlocated  balance  of  the 
University  lands  to  be  located. 

Came  from  the  House  Aug.  28.  S.  J.  p.  381.  Presented  to  Gov- 
ernor, Aug.  29,  S.  J.  p.  396.     Became  a  law. 


O.  B.   119 — By  Mr.  Reeves. 

To  authorize  the  disposition  and  sale  of  the  University  lands. 

Aug.  20,  S.  J.,  p.  302. 
A   message   was   received    from   the   House   informing   the   Senat* 
that  the   House  had  passed  the   following  bills  originating  in   that 
body:   a  bill  authorizing  the  disposition  and  sale  of  the  University 
Lands. 

August  22,  S.  J.,  p.  317 

A  bill  was  introduced  authorizing  the  disposition  of  the  Univer- 
sity lands;  read  a  1st  time. 

Rule  suspended,  bill  read  2d  time  and  referred  to  the  committee 
on  Education. 

August  27;  S.  J.,  p.  354 

Mr.  Bryan,  Chairman  of  the  committee  on  Education,  made  the 
following   report: 

The  committee  on  Education  to  which  was  referred  "A  bill  to 
authorize  the  disposition  and  sale  of  the  University  lands,  have 
considered  the  same  and  instruct  me  to  report  the  bill  back  with 
the  accompanying  amendments,  recommending  their  adoption  and 
the  passage  of  the  bill. 


A  Source  Book  of  the  University  of  Texas  47 

Amendments:    Fill  the  blank  in   7th  section  with   $8.00. 

Insert  at  the  end  of  12th  section,  the  words,  "provided  that 
said  bid  shall  not  be  less  than  $3.00  per  acre." 

On  motion  of  Mr.  Allen,  the  rule  was  suspended,  the  bill  and  re- 
port taken  up,  read,  and  the  report  amended  by  striking  out  "$S." 
and  inserting  "$5." 

The   report     was   then  adopted  and  the  bill  passed  to  3rd  reading. 

Rule  further  suspended,  bill  read  .'!rd  time  and  passed.   ■ 


July  14;   S.  J.,  p.  :*X 

S.  B.  By  the  Committee  on  Education. 

To  create  a  fund  for  the  erection  and  support  of  a  University. 

Read;  on  motion  of  Mr.  Bryan  made  the  order  of  the  day  for 
Tuesday  the  22nd  instant. 

July  22;  pp.  88-90 

A  bill  to  establish  a  State  University,  together  with  the  report 
of  the  committee  on  education,  offering  a  bill  appropriating  $400,- 
000  as  a  permanent  fund  for  the  erection  and  support  of  a  State 
University,  as  a  substitute  was  read,  and  substitute  adopted  by  the 
following  vote: 

Yeas — Messrs.  Allan,  Bryan,  Burroughs,  Caldwell,  Grimes,  Lott, 
McCulloch,  McDade,  Palmer.  Pirkey,  Potter,  Scarborough,  Taylor  of 
Cass,  Whittaker  and  White — 15. 

Nays — Messrs.  Armstrong,  Flanagan,  Guinn,  Martin,  Maverick, 
Millican,  Pedigo,  Russell,  Scott,  Taylor  of  F;  Taylor  of  H;  Truitt, 
Weatherford,   and   Wren. — 14. 

Mr.  Flanagan  offered  the  following  amendment,  "and  that  $200,- 
000  shall  be  appropriated  to  the  building  of  a  university  in  the  1st 
congressional  district  of  the  State,  which  said  university  shall  be 
located  at  any  place  in  said  district  that  a  majority  of  the  voters 
may  designate." 

Mr.  Potter  offered  as  a  substitute  for  the  bill  and  amendment, 
"A  bill  setting  apart  four  hundred  thousand  dollars  for  university 
purposes."     Adopted  by  the  following  vote: 

Yeas — Messrs.  Allen.  Bryan,  Burroughs,  Caldwell,  Grimes,  Lott, 
McCulloch,  Palmer,  Potter,  Scarborough,  Taylor  of  Cass,  Taylor  rf 
Houston,  Whitaker  and  White — 14. 

Nays — Messrs.  Armstrong,  Flanagan,  Guinn.  Martin,  Maverick, 
Millican,  Pedigo,  Russell  Scott,  Taylor  of  Fannin,  Truitt,  Weather- 
ford  and  Wren — 13. 


48  University   of  Texas  Bulletin 

.Mr.  Armstrong  moved  to  amend  the  1st  section  of  the  bill  by  add- 
ing ■ — ■  "and  that  said  $400,000  be  distributed  among  the  several 
counties  of  the  state,  according  to  white  population,  to  be  loaned 
to  any  counties  for  the  construction  of  Rail  Roads,  using  the  interest 
for  the  purpose  of  common  schools." 

The  President  ruled  the  amendment  out  of  order: 

Mr.  Taylor  of  Cass  offered  the  following  amendment,      Sec.  ■ -, 

and  that  the  sum  of  three  hundred  thousand  dollars  be  and  the 
same  is  hereby  set  aside  and  appropriated,  for  the  erection  of  an 
insane  asylum,  to  be  located  in  the  eastern  congressional  District. 

On  motion  of  Mr.  Burroughs,  the  amendment  was  amended  by 
striking  out  $300,000  and  inserting  $100,000. 

Mr.  Palmer  offered  the  following  as  a  substitute  for  the  amend- 
ment as  amended — "And  the  sum  of  $100,000  for  the  purpose  of 
establishing  one  or  more  insane  asylums,  to  be  established  as  here- 
after determined   by  law." 

On  motion  of  Mr.  McCulloch  the  amendment  and  substitute  were 
laid  on  the  table. 

Mr.  Lott  moved  a  re-consideration  of  the  vote  adopting  the  sub- 
stitute offered  by  Mr.  Potter,  l6st  by  the  following  vote: 

Yeas — Messrs.  Flanagan,  Guinn,  Lott,  Martin,  Millican,  Pirkey, 
Russell,  Scott,  Taylor  of  Fannin,  Taylor  of  Houston,  Truitt,  Weath- 
erford  and  Wren — 13. 

Nays — Allen,  Armstrong,  Bryan,  Burroughs,  Caldwell,.  Grimes, 
McCulloch,  Merrick  [Maverick],  Palmer,  Pedigo,  Potter,  Scarbor- 
ough, Taylor  of  Cass,  Whitaker  and  White — 15. 

Mr.  Armstrong  offered  the  following  amendment,  "strike  out  the 
word  "university"  wherever  it  occurs  in  the  bill  and  insert  "com- 
mon schools  in  the  several  counties  of  the  State." 

On  motion  of  Mr.  Allen  the  amendment  was  laid  on  the  table  by 
the  following  vote: 

Yeas — Messrs.  Allen,  Bryan,  Burroughs,  Caldwell,  Grimes,  Guinn, 
Hord,  Lott,  McCulloch,  McDade,  Palmer,  Pirkey,  Potter,  Scarbor- 
ough, Taylor  of    Cass,  Whittaker  and  White — 17. 

Nays — Messrs.  Armstrong,  Flanagan,  Martin,  Maverick,  Millican, 
Pedigo,  Russell,  Scott,  Taylor  of  Fannin,  Truitt,  and  Weather- 
ford — 11. 

Mr.  Flanagan  offered  the  following  amendment,  strike  out  all 
that  conflicts  herewith,  and  add,  "of  State  Universities,  one  of 
which  shall  be  in  the  first  political  division  of  the  State,  being  the 
first  congressional  district,  at  any  place  that  may  be  legally  desig- 
nated, and  the  2d  shall  be  located  similarly,  in  the  second  political 
division." 

Mr.  Palmer  moved  to  lay  the  amendment  on  the  table.  Lost  by 
the  following  vote: 


A  Source  Book  of  tic  University  of  Texas  49 

Yeas — Messrs.  Allen,  Bryan,  Burroughs,  Caldwell,  Grimes,  I  lord, 
McCulloeh,  McDade,  Maverick,  Palmer,  Potter,  Taylor  of  Cass  and 
White — 13. 

Nays — Messrs.  Armstrong  Flanagan,  Guinn,  Lott,  Martin,  Milli- 
can, Pedigo,  Pirkey,  Russell,  Scott,  Taylor  of  Fannin,  Taylor  of 
Houston,  Truitt,  W-eatherford,  Whitaker  and  Wren — 16. 

July  24;    S.  J.,  pp.   106-107 

A  bill  setting  apart  $400,000  for  University  purposes — special 
order  for  to-day,  was  taken  up  and  read. 

On  motion  of  Mr.  Fianagan,  a  call  of  the  Senate  was  ordered. 
The  Senate  being  full,  the  consideration    of    the    amendment    of- 
fered by  Flanagan  to  the  bill  was  resumed. 

The  amendment  was  then  rejected  by  the  following  vote: 
Yeas — Messrs.    Armstrong,    Flanagan,    Guinn,    Lott,    Martin,    Mav- 
erick, Millican,  Pedigo,  Russell,  Scarborough,  Scott,  Taylor  of  Fan- 
nin, Taylor  of  Houston,  Weatherford  and  Wren — 15. 

Nays — Messrs.  Bryan,  Burroughs,  Caldwell,  Grimes,  Hili,  Hord, 
McCulloeh,  McDale,  Palmer,  Pirkey,  Potter,  Supervielle,  Truit, 
Whitaker,   and   White — 15. 

On  motion  of  Mr.  Truit,  the  vote  rejecting  the  amendment  was 
reconsidered,  and  the  amendment  was  again  rejected  by  the  fol- 
lowing vote: 

Yeas— Messrs.  Armstrong,  Flanagan,  Guinn,  Lott,  Martin,  Mav- 
erick, Millican,  Pedigo,  Russell,  Scott,  Taylor  of  Fannin,  Taylor  of 
Houston,  Truit,  Weatherford  and  Wren — 15. 

Nays — Messrs.    Allen,   Bryan,   Burroughs.    Caldwell,    Grimes,    Hill, 
Hord,    McCulloeh,    McDade,    Palmer,    Pirkey,    Potter,    Scarborough, 
Superviele,   Taylor   of  Cass,   and   Whitaker — 16. 
Mr.  Martin  offered  the  following  amendment: 

Strike  out  "Universities"  and  insert  '"to  be  located  at  Tehua- 
cana  Springs,  in  Limestone  County." 

Laid  on  the  table  by  the  following  vote: 

Yeas — Messrs.  Allen,  Armstrong,  Bryan.  Caldwell,  Grimes,  Guinn, 
Hill,  Hord,  McCulloeh,  McDade,  Maverick,  Palmer  Pedigo  Potter, 
Scarborough  and  Supervielle — 16. 

Nays — Messrs.  Burroughs,  Flanagan,  Lott,  Martin,  Millican,  Pir- 
key, Russell,  Scott,  Taylor  of  Cass,  Taylor  of  Fannin,  Taylor  of 
Houston,  Truit,  Weatherford,  Whitaker  and  Wren — 15. 

On  motion  of  Mr.  Flanagan,  the  bill  was  then  laid  upon  the  table 
by  the  following  vote: 

Yeas — Messrs.  Armstrong,  Burroughs,  Flanagan,  Grimes,  Guinn, 
Lott,  Martin,  Maverick,  Millican,  Pedigo,  Russell,  Scott,  Taylor  of 
Cass,  Taylor  of  Fannin,  Taylor  of  Houston,  Truit,  Weatherford, 
White  and  Wren — 19. 


4—22 


50  University  of  Te&as  Bulletin 

Nays — Messrs.  Allen,  Bryan,  Caldwell,  Hill,  Hord,  McCulloch, 
.Mel  lade,  Palmer,  Pirkey,  Potter,  St-arborougli,  Supervielle  and 
Whitaker — 13. 


Aug.  2:J;    S.  J.,  p.  330 

O.   B.    187 — By   Mr.    Palmer. 

To  establish  a  State  University. 

.Mr.    Palmer    introduced    a    bill    to    establish    a    State    University; 
read  1st  time. 

Rule  suspended,  and  bill  read  2d  time. 

Mr.  Armstrong  moved  to  refer  the  bill  to  the  Committee  on 
Education — lost. 

Mr.  Flanagan  moved  to  amend  by  striking  out  "suitable  place" 
and  inserting  "Tyhuacana  Springs," — lost. 

Mr.  Caldwell  moved  to  strike  out  "Brazos"  and  insert  "Colo- 
rado." 

On  motion  of  Mr.  Taylor  of  Cass,  the  previous  question  was 
ordered. 

The  bill  was  then  ordered  to  be  engrossed. 

Rule  suspended,  bill  read  3d  time,  and  passed. 

[The  State  Gazette  Appendix  supplements  the  Senate  Journal  as  follows:] 

July  22,  1856;   S.  G.  A.,  Vol.  I,  Part  II,  pp.  43-4r> 

The  Senate  took  up  the  Report  of  the  Committee  on  Education, 
on  a  bill  to  provide  for  the  erection  of  a  State  University. 

The  Committee  offered  a  substitute  for  the  original  bill,  which 
provides  that  the  sum  of  $400,000  of  the  United  States  indemnity 
bonds  be  set  apart  and  appropriated  to  the  erection  of  a  State 
University. 

On   motion,   the   substitute   was  adopted. 

Mr.  Flanagan  offered  an  amendment,  that  two  hundred  thousand 
dollars  be  appropriated  to  building  a  University  in  the  [First]  con- 
gressional District  of  the  State,  which  shall  be  located  at  any  place 
which  a  majority  of  votes  shall  designate. 

Mr.  Bryan  made  an  eloquent  and  patriotic  speech,  deprecating 
any  sectional  action  in  disposition  of  the  University  fund. 

Mr.  Lott: — Mr.  President,  I  desire  to  make  a  few  observations  in 
reference  to  the  amendment  now  pending,  and  in  doing  so  I  will 
remark  that  I  am  well  pleased  with  what  has  been  said  by  the  dis- 
tinguished senator  from  Brazoria  (Mr.  Bryan)  on  the  subject  and 
policy  of  educating  our  children  at  our  own  institutions. 

The  only  difference  between  us  is,  that  I  believe  the  fund  now 
proposed  to  be  appropriated  to  University  purposes  for  the  edu- 
cation of  the  rising  generation,  should  be  done  in  such  manner  as 


A  Sourct  Hunk  of  tin   University  of  Tims  5J 

to  leave  no  cause  for  legislation  on  this  subjecl  hereafter.  To  dis- 
tribute this  fund  equally  between  the  Eastern  and  Western  portions 
of  the  State,  I  trust  no  sectional  feeling  will  be  aroused.  It  is  not 
a  subject,  in  my  humble  opinion,  calculated  to  engender  strife  and 
foster  sectional  prejudices  between  the  two  grand  divisions  of  the 
State;  for  it  is  a  question  that  claims  the  consideration  of  cadi  and 
every  individual  in  the  State  at  this  time,  but  we  find  that  at  the 
earliest  period  in  our  history,  in  1S39,  the  Republic  of  Texas  en- 
acted  a  law  to  set  apart  and  reserve  from  the  Public  Domain  fifty 
leagues  of  land  for  University  purposes.  And  we  find  further,  that 
even  at  this  early  period,  instead  of  these  lands  being  appropi 
for  the  erection  and  endowment  of  "A  State  University,"  the  law 
expressly  provides  and  declares  that  it  is  set  apart  for  two  univer- 
sities, one  to  be  located  in  the  Eastern  division  of  the  State  and 
the  other  in  the-  Western  division. 

It  is  the  object  of  this  Legislature  to  appropriate  the  sum  of 
400,000  dollars  as  permanent  fund  to  carry  out  the  objects  contem- 
plated in  the  passage  of  that  law.  It  appears  to  me,  sir,  it  is  the 
intention  of  Ibis  Legislature  to  appropriate  this  fund  to  educational 
purposes  that  no  injury  can  result  to  say  it  shall  be  set  apart  for 
two   I'ni versifies. 

And  again,  this  fund  may  not  be  applied  to  the  purposes  for 
which  it  is  appropriated  for  many  years  to  come,  perhaps  the  Sena- 
tors who  are  now  living  will  have  passed  away  and  another  genera- 
tion shall  enter  upon  the  stage  of  action,  when  it  will  be  pleaded 
that  this  fund  was  appropriated  by  this  Legislature  to  one  Univer- 
sity,  unless  the  contrary  is  expressly  declared. 

It  has  been  argued  by  the  honorable  Senator  from  Brazoria  (Mr. 
Bryan)  that  400,000  dollars  will  not  be  sufficient  to  erect  and  en- 
dow two  Universities.  But  this  fact  must,  not  be  forgotten  that  the 
people  will  come  .up,  and  emulated  with  a  noble  desire  to  secure  the 
establishment  of  magnificent  institutions,  will  subscribe  two  or 
three  hundred  thousand  dollars,  in  addition  to  the  two  hundred 
thousand  dollars  now  appropriated  by  this  bill.  The  people  in  the 
vicinity  of  these  Universities  will  feel  a  deep  and  abiding  interest 
in  all  these  institutions;  they  will  watch  over  them  and 
do  everything  in  their  power  to  make  them  such  institutions  as  will 
be  an  ornament  to  the  locality  in  which  they  are  located  and  an 
honor  to  the  State  of  Texas. 

I  trust  then,  sir,  in  view  of  all  these  considerations  in  favor  of 
establishing  two  Universities,  this  Legislature  will  endeavor  to 
carry  out  the  policy  of  the  law  of  1S30,  appropriating  50  h:i^u>'S 
of  land  to  two  State  Universities.  The  funds  belongs  to  the  peo- 
ple of  the  State,  to  the  East  as  well  as  the  West,  and  it  is  nothing 
but  sheer  justice  to  the  East  that  they  be  allowed  one  state  l'niver- 


52  University  of  Texas  Bulletin 

sity.  And  again,  Mr.  President,  there  are  strong  considerations 
that  should  induce  us  to  take  action  on  this  subject.  We  now  have 
the  money.  Sir,  it  belongs  to  the  people  of  Texas,  not  to  any  par- 
ticular locality  or  city,  and  should  be  appropriated  with  reference 
to  the  great  mass  of  the  people.  They  claim  it,  sir,  as  they  have  a 
'right  to  do.  We  cannot  dispose  of  it  more  appropriately,  more 
honorably  than  to  set  apart  four  hundred  thousand  dollars  for  the 
endowment  of  two  State  Universities,  and  there  are  strong  reasons 
why  they  should  be  located  at  an  early  period.  In  the  first  place, 
sir,  as  has  been  well  observed,  we  are  daily  sending  our  sons  and 
daughters  to  the  North  to  acquire  an  education  that  will  fit  and 
prepare  them  to  act  their  proper  sphere,  assume  the  levied  respon- 
sibility of  this  government,  to  enable  them  to  appreciate  its  bless- 
ings, to  enjoy  and  perpetuate  the  rich  boon  that  have  been  handed 
down  to  us,  and  when  the  wheel  ceases  to  turn — that  we  may  trans- 
fer it  to  them  with  its  original  purity  as  it  came  from  the  hands  of 
our  fathers.  We  should  recollect  that  the  early  provisions  [pioneers] 
of  the  Lone  Star  are  passing  away  one  by  one — they  will  soon  be 
gone.  The  condition  and  circumstances  in  life  have  not  been  such  as 
to  enable  them  to  educate  their  children,  their  posterity  have  been 
neglected;  they  have  stood  upon  the  watch  tower  whilst  many  of 
us  have  slept;  they  have  gallantly  fell  while  fighting  the  battles  of 
your  country — far  frpm  home  in  distant  climes,  without  the  part- 
ing admonition  of  a  dying  husband  or  father.  The  posterity  of 
such  spirits,  are  entitled  and  should  receive  the  fostering  care  of 
this  government.  They  are  jewels  that  have  been  plucked  from 
monuments  of  wisdom  and  virtue.  But,  Mr.  President,  how  stands 
the  case?  Here  we  have  a  princely  inheritage,  the  result  of  their 
long  struggles,  the  clangor  of  their  arms  have  long  since  passed 
away.  Twenty  years  and  over  have  rolled  around;  their  children 
are  growing  up  in  our  midst;  in  most  cases  destitute  of  means, 
without  the  advantages  of  even  a  common  education;  in  many  in- 
stances ignorant,  entirely  ignorant  of  the  history,  or  gallant  deeds 
of  their  fathers;  and  here  we  are  scrambling  for  a  small  pittance, 
the  sum  of  four  hundred  thousand  dollars,  for  educational  pur- 
poses, or  the  endowment  of  Universities.  It  would  be  a  devout,  a 
most  glorious  appropriation — let  us  first  appropriate  the  money. 
One  to  be  located  East  and  the  other  West,  and  if  the  Legislature 
can  not  amicably  locate  them,  let  the  people  do  it  at  the  ballot  box, 
speedily  and  without  mangling  amongst  ourselves.  I  believe  the 
people  will  add  rich  fund  to  the  appropriation,  in  land  and  money, 
and  will  light  up  a  torch  that  will  illuminate  the  State;  that  will 
dispense  knowledge,  that  will  be  of  lasting  and  permanent  good  to 
the  State. 


A  Source  Book  of  the  University  of  Texas  53 

It  is  a  propitious  time — knowledge  is  power,  and  we  should  keep 
steadily  in  view  that  which  alone  can  make  us  a  prosperous  and 
happy  people. 

Mb.  Millicax — -Mr.  President,  my  view  upon  the  policy  of  estab- 
lishing a  State  University  has  been  repeatedly  made  known  to  you, 
but  for  fear  they  may  be  misunderstood  on  this  occasion,  I  desire 
to  make  a  few  remarks,  merely  to  say  that  I  occupy  Ihe  same  posi- 
tion I  held  when  this  subject  was  before  this  body  last  session; 
that  it  is  not  now  expedient  for  the  State  to  invest  her  funds  in  a 
measure  of  this  kind.  I  voted,  then,  against  a  bill  making  an  ap- 
propriation of  400,000  dollars  for  a  State  University.  My  con- 
stituents have  fully  endorsed  that  vote  and  believed  I  acted  as  a 
wise  and  patriotic  Legislator  should  act,  with  due  regard  to  futur* 
prosperity  and  honor  of  our  State. 

I  object  to  the  appropriation  being  made,  because  I  believe  the 
time  has  not  arrived  when  the  children  of  the  State  actually  require 
an  institution  of  the  high  grade  which  this  State  University  is  to  be. 
I  object  to  it,  because,  only  a  very  small  proportion  of  the  people 
can,  or  will,  avail  themselves  of  the  advantage  of  such  an  institution, 
and  those  that  can  be  benefitted  by  it,  are  of_th.at  ^ealthy  class,  who 
are  abundantly  able  to  educate  their  own  children  at  their  own 
expense  without  the  aid  of  the  State. 

I  will  remark,  however,  that  should  it  be  the  policy  of  this  Legis- 
lature to  appropriate  a  fund  for  this  object,  I  am  willing  to  vote 
for  the  amendment  offered  by  the  Senator  from  Rusk,  which  pro- 
vides for  two  State  Universities. 

Mr.  Flanagan — Mr.  President.  I  have  listened  with  unfeigned 
pleasure  to  the  eloquent  appeal  of  my  worthy  friend,  the  Senator 
from  Brazoria,  (Mr.  Bryan)  in  which  he  calls  upon  me  to  respond 
to  him  in  a  liberal  and  patriotic  spirit.  I  co-operate  with  him  in 
the  perfection  of  this  truly  great  work.  I  respond  to  the  honor- 
able Senator,  that  I  desire  to  do  so,  and  in  the  kindest  possible 
feelings.  As  to  sectionalism  I  am  aware  it  is  abroad  in  our  State; 
jealousy  has  been  aroused  between  the  Eastern  and  Western  do- 
minions of  the  Unted  States,  and,  sir,  I  deeply  deplore  the  exist- 
ence of  such  a  State  of  things;  yet  I  think  I  am  free  from  sectional 
bias  in  my  action  upon  this  important  subject  as  I  have  been  upon 
all  others.  My  votes  from  time  to  time,  since  I  have  held  a  plac« 
on  this  floor,  will  place  me  above  suspiction  on  that  score;  and  I  am 
gratified  to  know  that  I  am  prepared  to  vote  for  any  enterprise  the 
West  may  originate  as  liberally  as  any  Senator  in  this  chamber. 

Let  them  in  the  West  propose  to  erect  three  State  Universities, 
one  to  be  located  at,  or  near  the  city  of  Austin,  oi  \ntonlo, 

and  the  other  wherever  a  majority  of  the  voters  may  design 
the  East,  and  I  have  no  hesitation  in  saying  I  will  give  the  proposi- 


54  University  of  Texas  Bulletin 

tion  my  unqualified  support.  Ay«,  sir,  J  will  go  farther  than  has  been 
intimated  in  the  bill,  or  in  any  remarks  which  have  been  made  by 
Senators  residing  in  the  Western  portion  of  the  State;  at  the  sama 
time,  I  ask  for  a  pittance  of  this  fund  now  about  to  be  appropriated 
for  the  East;  it  justly  belongs  to  them,  and  is  it  improper  to  intro- 
duce an  amendment,  thus,  to  divide  this  fund?      I  do  not  think  so. 

The  Senator  from  Brazoria,  remarks  that  sectional  feeling  of 
the  most  aggravated  character  exists  between  the  Northern  and 
Southern  portions  of  our  Union;  that  war  is  being  made  against 
Southern  institutions;  and  I  say  nowhere  in  this  broad  State,  i» 
such  a  state  of  things  more  deeply  deplored  than  in  the  East.  The 
people  in  that  District  are  sound  to  the  core  on  the  question  of 
Southern  rights;  therefore,  there  can  be  nothing  hazarded  to  the 
youth  of  our  State  in  sending  them  to  an  institution  in  the  East 
to  be  educated. 

And  again,  Mr.  President,  it  must  not  be  forgotten  that  the  fram- 
ers  of  the  Constitution  of  our  State  have  taken  this  subject  into 
consideration  and  have  amply  provided  for  the  identical  thing  for 
which  I  am  contending.      It  says: 

"All  public  lands  which  have  been  heretofore,  or  which  may 
hereafter  be  granted  for  public  schools  to  the  various  counties,  or 
other  political  divisions  in  this  State,  shall  not  be  elevated  [alien- 
ated] in  fee,  nor  disposed  of  otherwise  than  by  lease  for  a  term  not 
exceeding  twenty  years  in  such  manner  as  the  Legislature  may 
direct." 

Why  sir,  it  is  precisely  the  object  contemplated  in  my  amend- 
ment. The  language  is  clear  and  unmistakable.  I  say,  "in  the 
First  Congressional  District,"  the  Constitution  has  it  "in  the  first 
Political  Division  of  the  State."  I  might  well  have  adopted  the 
phraseology  incorporated  in  the  fundamental  law  of  the  land  in 
framing  my  amendment. 

Again,  sir,  we  find  on  page  290,  of  the  Statutes,  it  is  enacted, 
"that  the  President  of  the  Republic  be,  and  he  is  hereby  author- 
ized and  required  to  appoint  a  surveyor  and  have  surveyed  on  and 
from  any  of  the  vacant  lands  of  this  Republic,  fifty  leagues  of  land 
which  is  to  be  set  apart  and  appropriated  for  the  establishment  and 
endowment  of  two  Colleges  and  Universities,  hereafter  to  be  erect- 
ed; and  that  the  President  is  hereby  authorized  to  draw  upon  the 
Treasury  of  this  Republic  for  such  sum  or  sums  of  money  as  may 
be  necessary  for  the  defraying  the  expenses  to  be  incurred  in  locat- 
ing and  surveying  said  lands." 

Then,  Mr.  President,  we  see  that  all  past  legislation  upon  this 
subject  has  been  predicated  upon,  and  strictly  in  accordance  with 
this  provision  of  our  State  Constitution,  which  is  proposed  to  be 
continued    by    the    adoption    of    my    amendment.      Sectionalism    has 


.1  Sourct   Book  of  tht  University  of  Texas  55 

been  much  harped  upon  as  being  the  mover  of  this  contention  for 
two  State  Universities  on  the  part  of  Eastern  members.     I  am  free 

to  say  there  is  nothing  of  the  kind  in  my  amendment,  nor  is  there 
the  slightest  intimation  tending   to  that   point.      It  simply   pro 

to  mete  out  sheer  justice  to  the  East,  to  give  her  that  which  1 
mately   belongs   to    her — a   portion    of  this    magnificent    donation    to 
State   Universities.      It   is   predicated   upon   the   policy   laid    down   in 

the  fundamental  law  of  the  land  and  has  been  re-affirmed  by  all 
subsequent  acts  of  legislation;  and  it  is  nothing  more  than  is  re- 
quired to  supply  the  wants  of  our  great  and  glorious  State. 

Now,    Mr.    President,    if    our     State    could    be   travel 
boundary  to  the  othe"r  in  three,  four  or  five  day's  ride,  so) 
tions  might  very   properly   be   urged  against  its  adoption,    but   such 
is  not  the  fact.     To  your  residence,   Mr.    Presidenl    (President  Run- 
nels presiding!    far  away  on  the   Eastern   border   of  our  State,   it  is 
four  hundred  miles.     We,  as  a  State,  embrace  a  territory  of 

near    800    miles    in  width — think    you.    then,    that  Fniver- 

sity    would    meel    the    wishes    of    the    people,    who  shall  occupy  this 

mighty  territory  of  our  State?  If,  but  one  University  is  erected  in 
all  probability,  it  will  be  located  at,  or  near  the  city  of  Austin;  it 
will  be  many  hundred  miles  from  the  Eastern  portion  of  the  State, 
and  so  far  that  I  fear  that  with  all  the  interest  they  feel  upon  the 
subject* of  education,  they  will  have  but  little  to  concern  them  in 
inquiring  after  the   welfare  of   such   an  institution. 

Mr.  President,  let  us  take  into  consideration  another  fact.  The 
East  is  losing  political  power  in  the  State  representation.  The  tide 
of  emigration  is  not  staid  in  the  East,  but  looks  to  the  mighty  pub- 
lic domain  of  our  State,  which  lies  not  in  the  East,  but  in  the  West. 
Well,  sir,  what  are  the  facts?  In  a  short  time,  and  gratified  am  I 
to  know  it,  a  new  apportionment  bill  must  be  passed  which  will  give 

to  the  West  the  ascendancy  in  our  State  Legislature.  And  when 
she  does  we  may  rest  assured  she  will  take  care  of  her  own  inter- 
ests. It  is  human  nature  and  in  strict  keeping  with  the  history  of 
the  American  people  in  all  parts  of  the  world.     Then   let  us  have  a 

State  University  in  the  East.  It  legitimately  belongs  to  her,  and 
let  us  settle  this  question  now  and  forever.  The  East,  in  my  opin- 
ion, should  stand  shoulder  to  shoulder  in  support  of  her  right! 
ask  any  Senator  on  this  floor  to  point  out  to  me  any  appropriation 
to  build  up  universities  or  for  any  other  public  purposes.  1  ask. 
further,  sir,  to  know  from  whence  the  State  has  derived  the  reve- 
nue to  support  the  government,  previous  to  the  sale  of  our  North 
Western  territory  to  the  United  states.  1  think  it  is  easily  seen 
that  the  money  came  from  the  East.  I  do  not  boast  of  this  fact, 
but  I  merely  sustain  it  to  show  that  we,  at  least,  have  some  claim 
to  an  equitable  interest  in  the  large  amount   of  money   that   is  now 


56  University  of  Texas  Bulletin 

in  the  Treasury.  I  say  plainly  and  unmistakably  to  the  Senator 
from  the  East  that  this  is  our  chance,  and,  perhaps,  about  the  last 
to  retain  our  interest  in  the  appropriation  of  any  portion  of  the 
United  States  bonds.  The  East  will  be  astonished  at  the  returns 
for  the  basis  for  the  next  apportionment.  The  representatives  from 
the  West  will  be  then  largely  in  the  majority,  and  then  farewell, 
East!  except  through  her  own  immediate  means,  for  she  has  no 
lands  in  her  boundary  to  locate  for  either  public  or  individual  pur- 
poses; and  judging  the  future  by  the  past,  the  West  will  receive 
all  the  benefits  as  heretofore,  and,  indeed,  she  has  been  entitled  to 
the  benefits  through  her  vigilant  representatives,  and  I,  in  my 
place,  say  sir,  that  I  have  found  said  Western  representatives,  gen- 
erous and  liberal.  The  only  difficulty  is  that  the  Eastern  members 
invaribly  divide,  many,  or  at  least  some  of  them,  not  seeming  to  de- 
sire anything  for  the  East,  but  satisfy  themselves  by  casting  a  nega- 
tive vote.  The  Western  members  are  generally  a  unit  and  they 
always  seemed,  and  properly  too,  for  I  hoid  that  the  energetic 
ought  tto  succeed,  as  the  unit  always  does — I,  sir,  am  one  of  those 
that  declare  in  my  plan  that  I  know  no  North,  South,  East,  or  West 
in  my  State,  but  simply  ask  sheer  justice  for  the  East;  this  I  am 
bound  to  do,  and  will  do  whilst  I  have  the  honor  to  hold  a  seat 
in  the  Senate.  I  cannot  sit  silent  in  my  seat  and  see  injustice  done 
to  my  constituency  and  sure  am  I  that  this  is  the  history  of  th« 
Legislation  of  Texas.  Mr.  President,  I  am  a  friend  to  education, 
but  sir,  I  wish  to  see  some  provision  for  the  youths  of  the  East  as 
well  as  the  West,  and  sir,  if  we  cannot  secure  an  immediate,  I 
shall  move  the  Senate  to  postpone  the  bill  and  amendment,  and 
let  our  successors  settle  the  matter  as  they  may  deem  proper. 

Mb.  White — Mr.  President:  I  think  it  prcper  that  I  should  offer 
some  remarks  on  the  subject  of  this  amendment,  not  that  I  hope 
to  offer  anything  additional  to  what  has  been  already  said,  nor 
that  I  hope  to  change  a  single  vote  on  this  amendment. — But  this 
Question  may  not  be  settled  at  this  time,  and  it  will  be  proper  to 
call  the  attention  of  Senators  to  reasons  which  will  influence  my 
action  on  this  bill. 

Mr.  President,  I  wish  but  one  University,  and  that  one  located 
at  the  seat  of  Government.  I  will  not  attempt  to  argue  the  advant- 
ages of  this  plan  at  length,  but  will  submit  some  of  the  most  sub- 
stantial  reasons  for  my  opinions. 

And  I  may  say  that  the  first  is  that  the  amount  of  capital  re- 
quired for  two  Universities  will  be  just  double  that  of  one.  Th« 
same  buildings,  books,  laboratory,  professors,  and  in  short,  every- 
thing which  involves  money,  is  just  doubted,  by  establishing  two 
in  place  of  one.  And  the  capacity  to  accommodate  and  instruct 
students   of  institutions  of  this  character,   is  scarcely  increased   by 


A  Source  Book  of  the  University  of  T>  cos 

dividing  the  two.  It  seems  to  me  the  only  opposing  argument  that 
can  be  offered  to  this  is  the  distance  from  the  extremity  of  the 
State.  But  this  will  not  weigh,  when  we  consider  the  number  of 
students  sent  from  this  State  thousands  of  miles  to  Northern  insti- 
tutions, on  account  of  their  superior  endowments. 

A  second  reason  is,  that  from  the  nature  of  the  institution,  it 
must  be  under  the  visitation  of  the  State  by  means  of  State  officers, 
then  convenience  suggests  the  Capital.  But  convenience  is  not  the 
only  consideration.  The  different  officers  must  be  appointed  by 
some  power.  It  must  be  by  the  officers  of  the  State  or  by  a  Board 
of  Trustees.  If  by  trustees,  the  trustees  must  be  taken  from  the 
vicinage  of  the  institution.  This  vicinage  cannot  be  divested  of 
the  sectionalism  which  prevails  in  all  sections.  The  Institution 
would  therefore  assimilate  by  degrees  with  this  prevailing  issue 
and  in  time  would  become  as  sectional  as  the  neighborhood  of  its 
location;  and  this  grand  fabrick  cherished  by  the  State,  to  the 
amount  of  hundreds  of  thousands,  would  be  prostrated  to  the  level 
of  a  country  high  school.  The  alternative  is  that  the  appointing 
power  should  be  vested  in  the  officers  of  the  State,  whose  terms  of 
office  are  for  but  short  periods,  called  from  all  parts  of  the  State, 
whose  interest  in  the  locality  is  but  temporary;  their  power  of 
short  duration — whose  frequent  changes  prevent  assimilation  with 
the  issues  of  the  neighborhood.  The  visitors  from  the  legislature 
would  be  by  persons  chosen  from  all  parts  of  the  State  biennially, 
and  would  be  a  sufficient  check  to  sectarian  influence. 

A  third  reason  which  I  may  offer  for  my  preference  is,  the  well 
founded  objection  to  the  Respository  and  Dormitory  system  which 
would  force  itself  on  the  institution  by  locating  it  in  the  country  or 
small  towns,  where  boarding  accommodations  could  dot  be  had  in 
the  houses  of  the  inhabitants  for  a  very  considerable  number  of 
students. 

The  system  of  boarding  the  students  within  the  institution,  I  say 
is  objectionable  because  it  creates  distinct  classes  in  the  community 
and  causes  an  array  of  the  students  against  the  inhabitants,  and 
vice    versa.     It    in    some    degree,    excludes  m     the 

softening  influence  of  mixed  society,  which  has  a  tendency  to  stim- 
ulate self-esteem  and  raise  youth  above  the  appetite  of  mere  ani- 
mal passion,  and  lures  him  to  the  attainment  of  high  moral  posi- 
tion. While  the  reciprocal  influence  exerted  by  the  youth  br< 
from  all  parts  of  the  State  and  chastened  by  the  accumulated  re- 
finement of  the  vicinity  would  conduce  to  the  perfection  of  moral 
reformation. 

The    confinement   of    youth    to    themselves,    a    distin   I  from 

the   citizens,    unassociated    with    them    in    either    their    religious    or 


58  University  of  Texas  Bulletin 

social    enjoyments,    is    productive    of    incurable    moral    and    physical 
maladies. 

Mr.  Potter  offered  n  substitute  for  the  Bill  and  Amendments. 
The  substitute  provided  that  the  sum  of  $400,000  United  States 
indemnity  bonds  be  and  is  hereby  appropriated  to  the  construction 
of   a   State   University   or   Universities.      Substitute   was   adopted. 

Mr.  Armstrong  offered  the  following  amendment;  that  the  said 
$400,000  be  distributed  to  the  several  counties  of  the  State  accord- 
ing to  white  population  to  be  loased  by  the  counties  for  the  benefit 
of  Rail  Roads. 

This   amendment   was   ruled   out   of   order. 

Mr.  Armstrong  moved  to  amend  the  Bill  by  striking  <mt  the 
word  "University"  wherever  it  occurred  in  the  Bill  and  insert  "Com- 
mon Schools  in  the  several  counties  cf  the  State"  and  said,  I  have 
offered  the  amendment  to  decide  the  question  whether  the  masses 
of  the  people  or  a  few  shall  be  the  recipients  of  the  benefits  of  our 
legislation.  Common  Schools  are  for  the  people  generally, 
Universities  are  for  those  who  are  most  able  to  pay  for 
their  education.  The  Legislature  has  passed  a  Bill  loaning 
the  Common  School  fund  to  rail  road  companies.  Now,  if  this 
appropriation  for  the  building  of  one  or  two  Universities  should  be 
made,  I  say  let  it  be  loaned  to  Rail  Road  companies  like  the  Com- 
mon School  fund.  Shall  our  Legislature  be  thus  partial,  and  for 
the  benefit  of  those  who  need  it  least?  It  is  determined  that  the 
children  of  the  country  are  not  regarded  in  comparison  with  Rail 
Road  loans,  to  let  this  fund  take  the  same  direction.  But  that 
amendment  was  ruled  out,  and  the  other  is  offered  which  gives  rise 
to  this  discussion.  One  of  the  principal  objections  I  had  to  the 
Loan  Bill  was  its  unconstitutionality,  which  does  not  exist  in  the 
counties  loaning  to  corporations.  I  am  no  advocate  of  the  Univer- 
sity system.  My  plan  is  first  Common  Schools  then  Seminaries  of 
learning  in  the  counties.  •  The  Common  Schools  above  all.  Univer- 
sities are  the  ovens  to  heat  up  and  hatch  all  manner  of  vice,  im- 
morality and  crime.  Where  the  youth  is  removed  from  the  pres- 
ence of  their  parents  and  guardians,  they  run  into  every  excess  and 
come  forth  steeped  in  sin  and  reckless  of  all  consequences.  While 
the  youth  reared  in  the  country,  mingling  manual  labor  with  his 
studies,  where  their  physical  and  mental  faculties  are  alike 
strengthened,  cultivated  and  developed.  Among  the  first  class 
there  are  some  exceptions,  but  among  the  last  class  of  students,  we 
must  look  for  the  heroes  and  statesmen  who  shall  govern  and  de- 
fend our  beloved  country.  When  war  is  the  word,  then  you  see 
who  does  the  fighting  and  suffers  the  fatigues  of  marching.  They 
come  from  the  masses  of  the  people  and  not  from  the  colleges, 
with  few  exceptions.     In  the  country  schools  we  find  all  the  virtues 


.1  Soura   Hook  of  II"  I  niversity  of  Tints  59 

which   ennoble  our  race  taught   and   practiced.      I   do  not  say  that 
virtue  is  wanting  in  Universities,  but   1   speak  comparatively.     1   say 
let   the   system    of   education    be    like   a   pyramid    beginning   at   the 
foundation.     General  information  first  among  the  people.    Then  our 
liberties  as  a   free   people,   are   sate;    but    let    thp   masses   be   left   in 
ignorance  and  superstitution  and  the  educated  few  will  soon  reduce 
them    to    the    condition    of   the     down-trodden     nations     of     the    Old 
World,    who   are   mere   property   in   the   hands   of   those    for    whom 
they  toil.      It   was  the  common  schools  that  gave  us  a  FRANKLIN, 
a  PULTON,  a  MORSE,  a  GREENE,  a  SHERMAN,  a  JACKSON  anfl 
a   WASHINGTON-     The  diffusion  of  useful  knowledge  among  the 
people  generally  should  be  our  first  care — discarding  all  the  us 
reading  of  the  age.    Of  what  avail  is  it  that  the  youth  can  tell  you  of 
lost  languages  or  obsolete  sciences,  or  that   they  should  puzzle  their 
brains  with  the  visionary  theories  of  the  ancient  school  men  in  trying, 
to  discover  how  they  could  travel  from  one  place  to  another  without 
passing  the  intermediate  space?     Cannot  the  youth   of   the  country 
at  the  school,  houses  travel   from    his  spelling  book  to   the  cele 
mechanics  of  La  Place?     Is  it  not  as  fit  a  place  to  learn   all  things 
for  man   to   know   the   school   house   as   the   college.      I    say   more   so, 
for    there    are    too    many    allurements    and    attractions    around    the 
fashionable  and  crowded  universities  for  the  youth  to  contemplate 
upon   the   knotty   questions   in   philosophy   and    mathematics;    not    so 
at    I  he  school  houses.     The  abatement  of  universities  will   send  the 
teachers    to    the    schools.      Schools    in    every    neighborhood    will    be 
filled  with  intelligent  teachers  and  pupils,  and  the  people  will  have 
among  them  all  the  means  of  useful  information,  hut  the  contrary 
if  the  sciences  are  favored  at  a  few  places.     It  is  putting  it  out  of 
the  power  of  the  people  generally  to  send  off  their  children  to  col- 
lege.     They    must   remain    at   home  to   aid    their    parents   to   obtain 
a   support,   while  the  sons  and   daughters  of  the  wealthy,   can   enjoy 
the  privilege  and  receive  the  benefits  of  the  poor  man's  money   in 
attending  these   Universities   built    by   the  State.      Making    the   poor 
man    contribute   to    educate    the    rich    man's    child    while    his    own 
children    labor.      .Making    the    poor    man    subservient    to    the    rich,    a 
species  of  legislation  at  variance  with  the  principles  of  a  demo< 
government.      I  do  not  speak  this  to  draw  distinctions,   hut    1    must 
say  it  is  anything  but  republican   and   democratic.      It   is  a   tendency, 
a  leaning  to  the  remnants  of  exclusivism,  a  longing  after  the  prin- 
ciples of  centralism.      Our  government  is   the   people,   then    let    our 
institutions  of  learning  and  all  privileges  of  free  government  belong 
to  the  people,  and  leave  it  to  other  governments   to  teach    tl 
to  rule  the  many,  the  few  to  enjoy  the  blood   and   toil   of  the   man:. 
I    say    first    common    schools,    afterwards,    and    when    needed,    other 
institutions   of  learning  might  be  encouraged,   but   the  time   has   not 


60  University  of  Texas  Bulletin 

yet  come  for  the  university  system  to  be  established  by  the  State. 
Let  those  who  have  the  means  and  inclination  erect  universities  at 
their  own  expense  for  the  education  of  their  youth.  The  time  may 
come  when  the  State  ought  to  establish  such  institutions,  but  I 
think  that  period  far  in  the  future.  I  differ  with  the  Senator  from 
oria,  he  is  beginning  a  system  of  education  by  erecting  an  uni- 
versity. Myself  by  educating  the  children  of  the  country  gener- 
ally. Again,  as  to  the  wealthy  classes  of  our  State,  I  have  no  doubt 
but  that  class  if  that  measure  were  left  to  them  they  are  too  pat- 
riotic, generous,  and  public  spirited  to  receive  the  benefits  of  such 
legislation.  That  class  would  readily  dispose  of  it  so  as  to  help 
those  less  fortunate.  We  see  already  that  the  wealthy  class*  are 
contributing  to  the  erection  of  seminaries  and  institutions  of  learn- 
ing in  the  towns,  neighborhoods  and  cities  of  our  beautiful  and 
thriving  State.  I  say  that  all  classes  are  giving  their  aid  and  en- 
couragement to  common  schools  and  institutions  of  learning  gen- 
erally throughout,  in  order  that  all  may  be  benefitted,  that  the 
youth  of  poor  and  rich  may  be  mingled  together,  form  their  friend- 
ships and  assimilate  their  feelings,  that  the  ties  of  friendship  fixed 
in  youth  may  bind  them  together  in  age,  and  that  their  mutual 
dependence  on  each  other  may  be  learned  and  appreciated.  Not 
separate  them  in  their  youth  so  as  to  render  them  comparatively 
ctrangers  in  after  life  and  without  sympathies  and  regard  for  each 
other.  I  say  rear  them  and  educate  them  together,  and  when  our 
common  country  shall  need  their  aid  in  the  councils  or  battle 
fields,  they  will  stand  side  by  side  animated  by  the  same  senti- 
ments  for  the  welfare  of  their  common   country. 

The  Senator  from  Brazoria  argues  that  erection  of  universities 
in  our  own  State  will  dispense  with  the  necessity  of  sending  our 
children  North  to  be  educated,  there  to  receive  their  impressions 
of  the  North  injurious  to  the  rights  of  the  South,  to  be  taught  prin- 
ciples at  variance  with  the  South.  I  reply,  let  them  have  their 
children  educated  in  the  seminaries  and  schools  of  our  State,  es- 
tablished and  to  be  established  in  our  State  without  aid.  Let  them 
erect  such  institutions  in  our  own  State.  Those  who  are  able  to 
pay  for  university  education  in  the  North  are  able  to  apply  the 
same  means  in  our  State.  Their  State  pride  will  prompt  them 
without  legislative  incentives  and  assistance.  As  to  our  youth 
being  denied  intercourse  with  the  people  of  the  North,  I  differ 
with  the  Senator.  It  is  our  duty  to  mingle  with  and  associate  with 
our  fellow-citizens  of  the  North.  We  are  citizens  of  one  Govern- 
ment, one  common  country.  We  can  best  understand  our  common 
wants  by  associating  together,  and  regarding  each  other  as  belong- 
ing to  one  great  neighborhood.  We  ought  to  encourage  by  every 
means  the  most  intimate  and  friendly  relations  with  our  brethren 


A  Source  Book  of  the  University  of  Texas  61 

of  the  North.  Let  us  inform  the  various  sections  of  the  Union  of 
our  common  and  separate  rights— our  common  duty,  and  interest, 
and  mutual  dependence  on  each  other,  and  we  will  be  the  better 
enabled  to  understand  our  relative  rights  and  duties.  And  in  no 
way  can  our  friendly  relations  with  our  brethren  be  better  prompt- 
ed than  by  a  genial  intercourse  encouraged  by  every  possible 
means.  Let  us  not  denounce  in  general  terms  the  whole  North, 
for  it  is  to  the  conservative  power  of  the  national  democratic  party 
of  the  North  that  we  look  for  the  protection  of  Southern  rights  and 
the  maintenance  of  the  guarantees  of  the  constitution.  We  look  to 
that  party  for  our  rights,  yet  we  condemn  and  denounce  the  whole 
North.  We  teach  doctrines  of  non-intercourse  with  the  North.  We 
would  discourage  all  friendly  connections  and  intercourse  "with  the 
North.  Yet  we  turn  to  the  democratic  party  in  all  times  of 
trouble.  If  we  by  our  acts  alienate  the  feelings  of  the  people  of 
the  North,  we  may  expect  nothing  from  them  and  then  will  follow 
in  haste  the  dissolution  of  the  Union  with  all  its  disastrous  conse- 
quences. 

Mr.  'Flanagan  offered  the  following  Amendment:  Strike  out  a 
University  or  Universities  and  insert  two  Universities,  one  of  which 
shall  be  located  in  the  first  political  division  of  the  State  to  be 
located  at  any  place  that  may  be  legally  designated,  and  the  second 
shall   be   located   similarly   in   the  second   political   division. 

Mb.  Palmer  moved  to  lay  the  amendment  on  the  table. 

Mr.  Flanagan  called  for  the  ayes  and  nces;  which  were  ordered 
and  then  appeared.     Ayes,   14,   nays   16. 

So  the  Senate  refused  to  lay  the  amendment  on  the  table. 

The  question  then  resumed  with  engrossment  of  the  Bill: 

Mb.   Palmeu  moved  a  call  of  the  House;    which  was  ordered. 

Several  members  being  absent,  the  bill  was  informally  passed 
over;  and  on  motion  of  the  Senate  adjourned. 

GENE HAL    LAWS 

O.  B.  119.     Ch.  144,  pp.  71-74;  G.  4,  p.  489 

AN  ACT  authorizing  the  disposition  and  sale  of  the  University  lands. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  it  shall  be  the  duty  of  the  several  county  and  district  Sur- 
veyors, in  whose  county  or  district  any  part  of  the  fifty  leagues 
appropriated  by  the  fourth  section  of  an  act  entitled  An  Act  ap- 
propriating certain  lands  for  the  establishment  of  a  general  system 
of  education,  approved  26th  of  January,  1839,  may  be  situated,  to 
proceed  as  soon  as  practicable  after  the  passage  of  this  act,  and 
divide  the  same   into   tracts  of  one   hundred   and   sixty  acres  each. 


62  University  of  Texas  Bulletin 

And  in  dividing  any  tract, "if  there  shall  be  any  fractional  balance  of 
le  than  one  hundred  and  sixty  acres,  the  same  shall  be  attached 
to  the  adjoining  tract.  The  Surveyor  shall  cause  the  lines  of  each 
when  the  same  are  in  the  timber,  to  be  plainly  marked,  and 
shall  establish  the  corners  of  each  trad  with  good  and  substantial 
materials.  He  shall  make  a  map  of  said  work  and  field  notes,  in 
which  each  tract  shall  be  numbered  and  the  quantity  thereof  stated; 
the  line  and  corners  shall  be  fully  described;  all  streams  of  water 
shall  be  staled  with  their  course;  and  the  point  or  points  at  which 
they  may  intersect  any  line;  and  the  quantity  of  timber,  and  prairie 
land,  and  the  character  of  the  same  in  each  tract  shall  be  stated  as 
near  as  the  same  can  be  -estimated;  provided  that  dividing  said 
lands  into  one  hundred  and  sixty  acre  tracts,  shall  consist  is  running 
section  lines  one  mile  apart,  and  establishing  corners  at  the  end 
of  every  half  mile. 

2.  When  said  map  and  field  notes  shall  be  completed,  in 
accordance  with  the  provisions  of  the  preceding  section,  the  Sur- 
veyor shall  record  the  same  in  a  bound  book  to  be  kept  in  his 
office  for  that  purpose,  and  return  the  original  to  the  Commissioner 
of  the  General  Land  Office,  who,  upon  the  receipt  of  the  same,  shall 
notify  the  Governor. 

Sec.  3.  After  said  map  and  field  nctes  shall  have  been  made  and 
retained  to  the  General  Land  Office,  as  herein  before  provided  for, 
it  shall  be  the  duty  of  the  Governor  to  cause  -each  alternate  section 
of  six  hundred  and  forty  acres  to  be  sold  in  lots  of  one  hundred 
and  sixty  acres  each,  at  public  auction  to  the  highest  bidder,  at  the 
county  seat  of  the  county  in  which  the  same  may  be  situated;  pro- 
vided such  sale  and  the  terms  thereof  shall  first  have  been  ad- 
vertised for  sixty  days  in  two  newspapers  published  nearest  to  the 
county  in  which  the  land  is  situated;  also,  in  at  least  three  public 
places  in  said  county;  and  in  at  least  one  paper  at  the  seat  of 
rnment;  Provided  also  that  such  lands  shall  not  be  sold  for  a 
less  price  than  three  dollars  an  acre. 

Sic.  1.  That  the  terms  of  such  sale  be  a  credit  of  twenty  years, 
bearing  interest  at  the  rate  of  eight  per  cent,  per  annum,  the  pur- 
chaser to  pay  to  the  Treasurer  of  the  State,  at  the  end  of  each  year, 
after  the  day  of  sale,  the  interest  due  on  the  purchase  money  and 
one-twentieth  part  of  the  original  purchase  money.  The  purchaser 
to  i;ive  bond  with  two  or  more  good  securities,  for  the  amount  of 
the  purchase  mon-ey  and  interest  thereon,  after  which  he  shall  re- 
.  from  the  person  making  the  sale,  a  certificate  of  his  pur- 
chase, and  the  amount  and  terms  thereof,  and  whenever  he  shall 
have  fully  paid  the  principal  and  interest  of  his  purchase,  the  Com- 
missioner of  the  General  Land  Office  shall  issue  to  him  and  his  heirs 
or  assigns,  a  patent;  provided  that  nothing  in  this  act  shall  be  so 
construed  as  to  prevent  any  purchaser,  his  heirs,  or  assigns  of  such 
lands,  from  paying  at  any  time  he  may  desire  the  whole  amount  of- 


A  Sunn  i   Book  of  thi  University  of  Tints  t'r'> 

the   purchase   money  and   interest,   and  so   doing   he   shall    receive   a 
patent  for  the  same. 

Si  i  .  5.  As  often  as  any  purchaser  of  said  lands  shall  fail  to  pay 
the  amount  of  interest,  and  instalment  of  his  purchase,  when  the 
same  is  due,  the  Governor  shall  cause  the  same  to  be  sold  again, 
after  thirty  days'  notice,  by  public  auction,  to  the  highest  bidder, 
at  the  county  seat  of  the  county  where  the  land  is  situated,  the 
terms  of  such  sale  shall  be  that  the  purchaser  shall  pay  in  cash  the 
amount  then  due  on  the  land,  and  the  costs  of  the  sale,  and  for 
the  residue  of  the  purchase  money  he  shall  have  the  same  number 
of  years  as  there  remain  to  run  of  the  original  credit,  interest  at 
eight  per  cent,  to  be  paid  thereon  annually,  and  the  principal  to  be 
paid  at  equal  annual  instalments;  the  purchaser  to  give  a  like  bond 
and  receive  a  like  certificate  as  at  original  sales. 

Sec.  6.  If,  at  the  re-sale  of  any  trad  of  said  land,  it  shall  fail 
to  bring  an  amount  sufficient  to  pay  the  principal  and  interest  owing 
thereon,  and  the  cost  of  such  re-sale,  it  shall  be  the  duty  of  the 
Governor  to  cause  suit  to  be  brought  against  the  obligees  (obligors) 
in  the  bond  of  the  original  purchaser  for  such  deficiency,  and  if  it 
shall  bring  any  more  than  the  principal  and  interest  thereon,  and 
the  costs  of  the  re-sale,  the  excess  shall  belong  to  the  party  whose 
property  is  so  sold.  At  any  such  re-sale  the  Governor  may,  if  he 
thinks  it  necessary  for  the  protection  of  the  rights  of  the  State, 
authorize  the  land  to  be'  bought  in  for  the  State,  to  be  held  "and 
disposed  of  for  the  benefit  of  the  University  fund. 

Sec.  7.  The  Governor  may  appoint  one  cr  more  agents,  from 
term  to  term,  to  conduct  the  sales  herein  authorized  to  be  made, 
and  all  such  agents  shall  give  bond  with  two  or  more  good  securi- 
ties, in  such  amount  as  the  Governor  may  direct,  conditioned  for 
the  faithful  discharge  of  their  duties;  and  every  such  agent  shall 
be  allowed  the  sum  of  five  dollars  for  each  and  every  day  he  may 
be  actually  employed  in  discharging  the  duties  of  his  appointment. 

Sec.  8.  The  proceeds  i  t'  the  sale  of  all  such  lands  shall  con- 
stitute a  University  fund  to  be  hereafter  appropriated  by  the  Legis- 
lature. 

Sec.  9.  The  alternate  sections  not  herein  directed  to  be  sold  shall 
be   reserved   from  sale   until    hereafter   directed    by   the   Legislature. 

Sec.  10.  The  county  or  district  Surveyors  shall  he  allowed  for 
all  duties  required  of  them  by  this  act,  three  dollars  per  mile,  for 
each  mile  actually  run,  but  they  shall  in  no  case  be  allowed  pay  for 
the  same  line  more  than  once,  and  said  compensation  shall  be  paid' 
out   of  any  money  in  the  Treasury,  not  otherwise  appropria 

Sec.  11.  It  shall  be  the  dutj  of  the  Governor  to  cause  to  be 
located,  and  surveyed,  an  amount  of  land  sufficient  with  that  already 
located  and  surveyed,  to  make  up  the  fifty  leagues  of  University 
lands,  appropriated  by  said  act  of  26th  of  January,  1839,  in  such 
tracts    as    he    may    think    it    advisable,    at    s    cost    not    exceeding    the 


ill  University  of  Texas  Bulletin 

regular  tees  of  surveying,  which  shall  be  paid  out  of  any  money  in 
the  Treasury,  not  otherwise  appropriated. 

Sec.  12,  Bach  settler  upon  any  oi  said  tracts  of  land  offered  for 
Bale,  shall  have  the  right  to  take  the  tract  upon  which  his  improve- 
ments, or  the  greater  part  thereof,  shall  be  situated,  at  the  highest 
and  best  hid  that  may  be  offered  for  the  same.  Provided  that  such 
bid  shall  not  be  less  than  three  dollars  per  acre. 

Sic.  13.  That  parties  purchasing  under  the  provisions  cf  this 
ad,  shall  have  the  right  to  sell  the  land  purchased  by  him  or  her, 
under  the  provisions  of  this  act,  at  any  time,  but  the  land  so  sold 
shall  in  all  cases  be  held  liable  for  the  principal  and  interest  unpaid 
under  any  sale  in  favor  of  the  State,  and  a  first  lien  or  mortgage  is 
hereby  declared  to  exist  in  favor  of  the  State,  as  a  security  for  the 
payment  of  principal  and  interest  to  all  lands  sold  as  above  pre- 
scribed. 

Approved  August  30,  1856. 

[.[din  Henry  Brown  was  appointed  by  the  Governor,  commissioner  under 
this  art.] 

H.  B.  27;  Ch.  156,  p.  84;  G.  4,  p.  502 

AN  ACT  authorizing  and  requiring  the  Governor  of  the  State  to  have 
surveyed  the  unlocated  hahinee  of  the   University  lands. 

Srt  rm\  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Terns, 
That  the  Governor  be,  and  he  is  hereby  authorized  and  required  to 
cause  to  be  surveyed,  as  soon  as  possible,  on  any  vacant  or  unap- 
propriated lands  belonging  to  the  State,  twenty-two  thousand  two 
hundred  and  fifty  acres  of  land,  or  the  unlocated  balance  donated 
and  set  apart  by  the  late  Republic  of  Texas,  for  the  endowment 
and  establishment  of  two  Universities. 

Sec.  2.  That  the  Governor  be,  and  he  is  hereby  authorized  to 
draw  upon  the  Treasurer  of  the  State,  for  such  sum  or  sums  of 
money  as  may  be  necessary  for  defraying  the  expenses  incurred  by 
locating  and  surveying  said  lands. 

Approved  August   30,    1856. 

Ch.  158,  p.  85;   G.  4,  p.  503 

AN  ACT  for  the  protection  of  the  lands  that  have  been  or  may  here- 
after  be  granted   for  purposes   of  Education. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Te<as, 
That  no  statute  of  limitation  shall  run  in  favor  of  any  one  who 
has  heretofore  or  may  hereafter  settle  upon  or  occupy  any  of  the 
lands  that  have  heretofore  been  granted  or  may  hereafter  be  granted 
by  the  State,  for  purposes  of  Education.  And  this  act  shall  take 
effect,  and  be  in  force,  from  and  after  its  passage. 

Approved  August  30,  1856. 


A  Soitni   Book  of  (lii  University  of  Texas  65 

SEVENTH  LEGISLATURE,  REGULAR  SESSION,  NOVEM- 
BER 2,  1857,  TO  FEBRUARY  16,  1858 

MESSAGE  OF  GOVERNOR.Ej  M.  PEASE 

November  2.   1857;    H.  J.  p.  :JO;   S.  J.  p.  20 

On  former  occasions,  I  have  called  the  attention  of  the  Legisla- 
ture, to  the  importance  of  establishing  a  State  University,  where  all 
the  facilities  can  be  furnished  for  obtaining  a  thorough  education, 
that  are  to  be  found  in  other  States;  and  I  feel  that  I  should  be 
Wanting  in  duty,  did  I  fail  to  urge  this  measure  upon  your  consid- 
eration. No  country  was  ever  better  situated  to  commence  such  an 
undertaking.  We  have  ample  means  in  the  Treasury,  not  needed 
for  other  objects,  with  which  to  erect  the  necessary  buildings;  and 
we  have  two  bundled  and  twenty  one  thousand  and  four  hundred 
acres  of  land  already  set  apart  by  your  predecessors  for  a  Uni- 
versity, the  proceeds  of  which,  if  properly  managed,  will  be  a  liberal 
endowment,  and  will  enable  us  to  command  the  services  of  the  ablest 
professors  in  every  department  of  learning. 

The  necessity  for  such  an  institution  is  felt  and  acknowledged 
by  every  one;  and  I  trust  that  you  will  not  let  this  session  pas>, 
without  adopting  measures   for   its  establishment   at   an   early  date. 

The  residue  of  the  University  Lands,  to  make  up  the  fifty  leagues, 
have  been  selected  and  surveyed  in  accordance  with  the  provisions 
of  an  act  of  the  last  legislature. 

But  little  progress  has  been  made,  under  the  act  authorizing  the 
University  Lands,  heretofore  located,  to  be  divided  into  quarter 
sections,  and  alternate  tracts  thereof,  to  be  sold.  Only  two  District 
Surveyors  have  made  returns  of  their  work  to  the  General  Land 
Office;  and  one  of  these  was  so  imperfect  that  it  had  to  be  sent 
back  for  correction.  I  have  not  thought  it  advisable  to  commence 
the  sale  of  any  of  these  lands,  until  all,  that  are  situated  in  the 
same  section  of  the  State  are  ready  for  sale  under  the  law. 

PROCEEDINGS   l\   THE    LEGISLATURE 

November  5,  1857.     H.  J.,  p.  21 

Mr.  Kittrell  offered  the  following  resolution: 

Resolved,  Thai  the  committee  on  Education  be  instructed  to  inquire 
into  the  expediency  of  establishing  two  State  Universities,  and  repi  it 
by  bill  or  otherwise;   adopted. 

November  11,  1857.     EL  .1.,  pp.  84-85 

Mr.  Kittrell,  chairman  of  committee  on  Education  made  tin    fol- 
lowing  report: 


66  University  of  Texas  Bulletin      , 

The  committee  on  Education  to  whom  was  referred  the  resolu- 
tion Instructing  them  to  enquire  into  the  expediency  of  establish- 
ing one  or  more  State  Universities,  have  had  the  same  under  con- 
sideration, and  Qa"Ve  Instructed  me  to  report  progress.  In  view 
of  the  greal  difficulty,  and  in  digesting  and  maturing  a  plan  for  a 
Stale  University  in  all  its  details,  commensurate  with  the  want-; 
and  interest  of  the  State,  your  committee  have  thought  it  best  to 
<ontinc  itself  to  the  examination  of,  and  the  settlement  of  two  im- 
portant preliminary  points  in  this  question,  viz:  Whether  it  is 
the  pleasure  of  the  present  Legislature  to  enage  in  this  enter- 
prise; and  if  so,  whether  it  will  decide  to  have  one  or  more  Uni- 
versit 

These  two  points  were  freely  considered  and  discussed  in  com- 
mittee, and  they  have  instructed  me  to  say,  that  they  are  unani- 
mously of  opinion,  that  the  time  has  arrived  in  the  history  of  our 
progress,  as  a  State,  eminently  propitious  for  engaging  in  this 
enterprise.  That  it  is  one  which  commends  itself  with  great  force, 
not  only  to  the  calm  and  careful  consideration  of  every  member  of 
the  Legislature,  but  to  their  patriotism.  They  have  instructed  me 
further  to  say,  that  after  mature  deliberation  and  interchange  of 
views,  they  were  also  unanimous  in  opinion  that  the  object  of  this 
enterprise  can  be  more  surely  accomplished  by  one  State  Institu- 
tion, than  by  more  than  one,  for  reasons  that  will  be  set  forth  in 
a  further  report  should  the  Legislature  decide  affirmatively,  (as 
your  committee  fondly  hope  they  may)  touching  these  two  prelim- 
inary points. 

They  have,  therefore,  instructed  me  to  report  the  following  res- 
olution  and   recommend    its   passage: 

Resolved,  That  it  is  the  sense  cf  the  House  of  Representatives 
of  the  Legislature  of  Texas,  that  we  should  enact  a  law  at  its  pres- 
ent session,  providing  for  the  establishment  of  a  State  University 
as  soon  as  practicable,  after  the  passage  of  said  law. 

Your  committee  instruct  me  further  to  say,  that  should  it  be 
the  pleasure  of  the  House  to  entertain  this  proposition  favorably, 
they  will  then  carefully  proceed  with  further  duties  necessary  to 
complete  the  plan  in  all  its  parts. 

Report    received. 

On  motion  of  Mr.  Howerton,  the  report  was  taken  up,  and  on 
motion  of  Mr.  Chilton,  made  the  special  order  for  11  o'clock  A.  M. 
Monday  next. 

November  16,  1857,  H.  J.,  pp.  117-118 

The  hour  having  arrived,  the  Special  order  of  the  day  was  takeu 
up,  viz:  the  report  of  the  chairman  of  the  committee  on  Education 
relative  to  the  establishment  of  one  or  more  State  Universities. 


A  Sourer  Book  of  the  University  of  Texas  67 

Mr.  Chilton,  one  of  the  committee  on  Education,  by  leave,  made 
the  following  minority  report: 

The  undersigned  members  of  the  committee  on  Education,  to 
whom  was  referred  th^  propriety  of  establishing  two  State  Univer- 
sities, in  view  of  the  fact  that  a  majority  of  said  committee  has  in- 
structed its  chairman  to  report  unfavorably  as  to  the  establish- 
ment of  more  than  one  State  University,  and  in  further  view  of 
the  fact  that  the  chairman  of  said  committee  has  heretofore  sub- 
mitted his  report  in  conformity  with  his  instructions,  in  which 
he  very  ably  and  fully  presents  the  great  necessity  of  the  estab- 
lishment of  a  vigorous  system  of  education  in  the  State — in  all 
of  which  the  undersigned  fully  concurs,  but  would,  with  much  def- 
erence to  the  expressed  opinion  of  the  majority  with  reference  to 
the  number  of  Universities  to  be  established,  respctfully  submit 
this   their   minority   report. 

Your  committee-men  are  painfully  aware  of  the  fact,  that  there 
is  a  growing  spirit  of  alienation  of  feeling  between  the  two  geo- 
graphical divisions  of  this  State,  and  that  there  are  those  who, 
your  committee-men  charitably  believe,  from  misconceived  views 
with  reference  to  the  policy  of  the  State,  are  busily  engaged  in  pre- 
paring the  minds  of  the  masses  of  each  section  to  entertain  a  prop- 
osition for  the  division  of  the  State;  and  your  committee-men  being 
fully  impressed  with  the  deplorable  consequences  which  would 
result  from  any  system  of  legislation  which  bears  the  semblance 
of  partiality,  and  the  immediate  necessity  for  the  adoption  of  some 
system  by  which  an  impartial  bestowment  of  Legislative  benefits 
may  be  had,  and  a  community  of  feeling  and  interest  between  the 
two  sections  permanently  established,  and  being  fully  convinced 
that  the  facilities  for  education  will  not  be  impartially  extended 
to  the  youth  of  the  two  sections  by  the  establishment  of  only  one 
State  University,  but  beliving  that  the  State  of  Texas  is  amply 
able  to  establish,  endow,  and  hold  under  the  protection  of  her  fos- 
tering hand,  two  universities,  and  believing  that  such  an  estab- 
lishment would  be  eminently  promotive  of  the  people's  interest  and 
the  cause  of  education  in  our  State  would  submit  the  following 
resolution,  and    respectfully  recommend  its  adoption:  — 

Resolved.  That  the  committee  on  Education  be  instructed  to 
prepare  and  report  a  bill,  providing  for  the  establishment  of  two 
State  Universities,  to  be  conveniently  located— one  a1  some  poinl  east 
of  the  Trinity  river,  the  other  at  seme  poinl  west  of  said  river — to  be 
hereafter  determined. 

G.  W.  CHILTON,  One  of  the  Committee. 

On  motion  of  Mr.  Murrah,  the  consideration  of  the  reports  was 
postponed  until  Monday  next,  the  2  4th  inst,  at  10*4  o'clock  A.  M. 


68  University  of  Texas  Bulletin 

November  ii:$,  1857.     H.  J.,  p.   165 

The   hour  having  arrived,   the  special  order  of  the  day  viz:   the 

report    of    the '  chairman    of    the   Educational   committee   relative  to 

the  establi   hment  of  a  State  University,  was  taken  up  and  adopted. 

On    motion    of    Mr.    McKinney   of   Travis,    the   vote   adopting   the 

report,  whs  reconsidered. 

November  28,  1857.     H.  J.,  p.  205 

The  hour  having  arrived,  the  special  order  of  the  day,  viz.:  The 
majority  report  of  the  committee  on  Education,  recommending  the 
passage  of  a  resolution  to  establish  a  State  University,  taken  up. 

Mr.  Ward  moved  to  postpone  the  consideration  of  the  matter 
until  the  second  Monday  in  December  next. 

Mr.  Rainey  moved  to  adjourn  until  91!.  o'clock  Monday  A.  M. — 
lost. 

Mr.  Chilton  moved  to  substitute  the  minority  report  for  the  ma- 
jority report. 

On  motion  of  Mr. ,  Poag,  the  House  adjourned  until  10  o'clock 
Monday,  A.  M.,  pending  Mr.  Ward's  motion  to  postpone  until  second 
Monday  in  December   next. 

November  30,   1857,  H.  J.,  p.  210 

Question  pending  when  the  House  adjourned  on  Saturday  last, 
viz:  Mr.  Ward's  motion  to  postpone  a  resolution  reported  by  the 
committee  on  Education,  for  the  establishment  of  a  State  Univer- 
sity until  the  second  Monday  in  December  next,  was  put  and  carried. 

December  14,  1857.     H.  J.,  p.  327. 

The  special  order,  viz:  The  consideration  of  the  University 
Question,  taken  up  and  on  motion  of  Mr.  Price,  postponed  until 
Wednesday,   next. 

December  16,  1857.     H.  J.,  pp.  348-350 

The  hour  having  arrived,  the  special  order  of  the  day  was  taken 
up,  viz: 

The  resolution  offered  by  the  Committee  on  Education,  relative 
to  the  establishment  of  a  State  University. 

Mr.  Chilton,  moved  to  lay  the  resolution  on  the  table  for  the 
present,  whereupon  the  yeas  and  nays  were  demanded,  and  the 
House  refused  to  lay  the  resolution  on  the  table  by  the  following 
equal  vote: 

Yeas — Messrs.  Speaker.  Barnard,  Bee,  Bishop,  Burke,  Chilton, 
Craig,   Crawford,   Crook,   Doom,   French,   Gaston,    Hardin,   Harris   of 


.L  Source  Book  of  the  University  of  Texas  69 

Titus,  Harrison,  Hart,  Hicks,  Holland,  Johnson,  Kinney,  Kirk,  Lacy, 
Lesueur,  Lewter,  Locke,  Lloyd,  McKenney  of  Hopkins,  Navarro, 
Norton,  Roberts.  Scott,  Shannon,  Tait,  Waelder,  Walling,  Ward, 
Waterhouse,  Witt  and  Wood — 3  9. 

Nays — Messrs.  Aycock,  Baldwin,  Buckley,  Burnett,  Carrol,  Cleve- 
land, Dalrymple,  Dennis,  Edwards,  Evans  of  Austin,  Evans  of  Mc- 
Lennan, Everett,  Fisher,  Hall,  Hardeman,  Harris  of  Guadalupe, 
Henderson  of  Cass,  Henderson  of  Harris,  Higgins,  Howerton,  Jen- 
Jngs,  Joseph,  Kittrell,  Latham,  Lee,  McKinney  of  Travis,  Merrl- 
man,  Mills,  Munson,  Murrah,  Poag,  Powell,  Price,  Rhodes,  Rogers, 
Ross,    Runnels,    Smith   of   Fannin   and    Upshur. — 39. 

Mr.  Ross  offered  the  following  amendment  to  the  resolution: 

Amend  by  adding  "and  should  such  University  be  located  East 
of  the  Trinity  river,  there  shall  be  established  west  of  the  same,  a 
Literary  College  of  equal  rank  and  endowments  with  the  Literary 
Department  of  the  University;  but  if  the  University  should  be 
located  west  of  said  river,  then  such  College  shall  be  established 
east  of  the  same." 

Mr.    Howerton   moved   to   lay   the   amendment   on   the   table. 

On  motion  of  Mr.  Chilton,  a  call  of  the  House  was  ordered. 

On  motion  of  Mr.  Witt,  the  Sergeant-at-Arms  was  dispatched 
for  absentees. 

On  motion  of  Mr.  Hicks,  Mr.  Smith  of  Orange,  was  excused  from 
attendance  on  the  House. 

Mr.  Witt  moved  a  suspension  of  the  call — House  refused  to  sus- 
pend. 

Mr.  Chilton  moved  a  suspension  of  the  call — House  refused  to 
suspend. 

Mr.  Rainey  moved  a  suspension  of  the  call — House  refused  to 
suspend. 

Mr.  Witt  moved  a  suspension  of  the  call — House  refused  to  sus- 
pend. 

On  motion,  Mr.   Poag  was  excused  for  ten  minutes. 
Mr.  Rainey  moved  that  the  House  adjourn  till  to-morrow  at  9  % 
o'clock  A.  M.;  lost. 

Mr.  Burnett  moved  to  suspend  the  call — the  House  refused  to 
suspend. 

Mr.  Shelton,  one  of  the  absentees,  having  arrived,  and  a  full 
House  being  present,  the  call  was  suspended. 

On  motion  of  Mr.  Rainey,  a  call  of  the  House  was  ordered. 

On  motion  the   call  was  suspended. 

The  question  then  recurring,  being  Mr.  Howerton's  motion  to 
lay  the  amendment  offered  by  Mr.  Ross  on  the  table,  the  question 
was  put,  and  the  House  refused  to  lay  the  amendment  on  the  table 
by  the  following  vote: 


To  University  of  Texas  Jinlhnn 

Yeas  Messrs.  Aycock,  Barnard,  Buckley,  Carroll,  Cleveland, 
clow,  Cooley,  Crawford,  Dalrymple,  Dennis,  Edwards,  Evans  of 
Ausiin.  Evans  of  McLennan,  Everett,  Fisher,  Hall,  Hardeman,  Har-~ 
din,  Harris  of  Guadalupe,  Haynes  of  Starr,  Haynes  of  Washington, 
I  lender  on  of  Harris,  1  logins,  Howerton,  Joseph,  Kinney,  Kittrell, 
Latham,  Lee,  McKinney  of  Travis,  Merriman,  Mills,  Munson,  Pow- 
ell,   Price,    Reeves,    Rogers,    Tait,    Upshaw,    and    Wood — 40. 

Nays  Messrs.  Speaker,  Baldwin,  Bee,  Bishop,  Burks,  Burnett, 
Chilton,  Craig,  Crook,  Doom,  French,  Gaston,  Harris  of  Titus,  Har- 
rison, Hart,  Henderson  of  Cass,  Hicks,  Holland,  Jennings,  John- 
sen.  Kirk,  Lacy,  Lesueur,  Lewter,  Locke,  Loyd,  McKenney  of  Hop- 
kins, Murrah,  Navarro,  Norton,  Poag.  Rainey,  Rhodes,  Roberts, 
Ross,  Runnels,  Scott,  Shannon,  Shelton,  Waelder,  Walling,  Ward, 
Waterhouse  and  Wood — 45. 

Mr.   Hart  moved   to   adopt   the   amendment   offered   by    Mr.    Ross,' 
Pending — the    motion    of    Mr.     Hart    to     adopt     the     amendment 
offered   by   Mr.   Ross. 

January  2,  1858,  H.  J.  pp.  463-465 

Special   order,   viz:      The  University   Resolution   taken    up. 

Question  on  the  adoption  or  rejection  of  Mr.  Ross's  amendment 
to   the   same,   was   put. 

Mr.  Bee  moved  to  lay  the  subject  matter  on  the  table  for  the 
present. 

On  motion  of  Mr.  Chilton,  a  call  of  the  House  was  ordered. 

Messrs.  Poag  and  Waelder  obtained  leave  of  absence  for  ten 
minutes.  Mr.  Jennings  moved  to  excuse  Mr.  Baldwin  for  twenty- 
five  days. 

On  motion  of  Mr.   Kittrell  the  call  was  suspended. 

On  motion  of  Mr.  Chilton  the  main  question  was  ordered,  which 
being  the  adoption  of  Mr.  Ross's  amendment  the  same  was  put,  and 
amendment  adopted   by  the   following  vote: 

Yeas — Messrs.  Bee,  Bishop,  Burnett,  Chilton,  Craig,  Crook, 
Doom,  Gaston.  Harris  of  T..  Harrison,  Hart.  Henderson  of  C,  Hicks, 
Jennings,  Johnson.  Kirk,  Lacy,  Lesueur,  Lewter,  Locke,  Lloyd, 
McKenney  of  H.,  Murrah.  Navarro  Norton,  Poag,  Rainey.  Rhodes, 
Roberts,  Ross,  Runnels,  Scott,  Shannon,  Shelton,  Smith  of  F. 
Smith  of  O,  Waelder,  Walling,  Ward,  Waterhouse  and  Witt — 41. 

Nays— Messrs.  Aycock.  Barnard.  Brown,  Carrol,  Clow,  Cooley. 
Dalrymple,  Dennis,  Edwards,  Evans  of  A.,  Evans  of  McL.,  Everett, 
Fisher.  French,  Hall.  Hardin.  Harris  of  G,  Haynes  of  Starr,  Haynes 
of  W.,  Henderson  of  H.,  Higgins,  Howerton,  Joseph,  Kinney, 
Kittrell.  Latham,  Lee,  McKinrey  of  T.,  Merriman.  Munson,  Powell, 
Price.    Reeves,   Upshaw,    and   Wood — 35. 


A  Source  Book  of  the  University  of  Texas  il 

The  question  on  the  adoption  or  rejection  of  the  main  resolution 
as  amended  was  put,  and  resolution  rejected  by  the  following  vote: 

Yeas — Messrs.  Bee,  Chilton,  Craig,  Crook,  French,  Gaston,  Har- 
ris of  T.,  Henderson  of  C,  Jennings,  Johnson,  Kirk,  Lacy,  Locke, 
Llod,  Murrah,  Navorro,  Rainey,  Roberts,  Ross,  Runnels,  Shelton, 
Smith   of   O.,   Smith   of   F.,    Waelder,   Wailing  and   Ward — 26. 

Nays — Messrs.  Aycock,  Barnard,  Bishop,  Brown,  Burnett,  Carrol, 
Clow.  Cooley,  Dalrymple,  Dennis,  Doom,  Edwards,  Evans  of  A., 
Evans  of  McL.;  Everett,  Fisher,  Hall,  Hardin,  Harris  of  G.,  Harrison, 
Hart,  Haynes  of  S.,  Haynes  of  W.,  Henderson  of  H.,  Hicks,  Higgins, 
Howerton,  Joseph,  Kinney,  Kittrell,  Latham,  Lee,  Lesueur,  Lewter, 
McKinney  of  H.,  McKinney  of  T.,  Merriman,  Munson,  Norton,  Poag, 
Powell,  Price,  Reeves,  Rhodes,  Scott,  Shannon,  Upshaw,  Waterhouse, 
Witt  and  Wood — 50. 

Mr.    Murrah    offered   the    following   resolution: 

Resolved,  That  one  hundred  leagues  of  land,  and  one  hundred 
thousand  dollars  be,  and  the  same  is  hereby  appropriated  and  set 
apart  for  the  establishment  of  one  or  two  universities,  or  one  or 
two  colleges,  as  may  hereafter  be  determined,  and  that  the  deter- 
mination of  the  question  at  present  of  one  or  two  universities  or 
one  or  two  colleges  is  not  expedient,  and  ought  to  be  more  fully 
canvassed  among  the  people;   laid  on  the  table  [by  47  to  26  vote]. 

January   31,    1858.      H.  J.    p.   635 

A  message  was  received  from  the  Senate,  announcing  to  the 
House  that  the  Senate  had  passed  the  following  bills  originating 
in   the  House,  viz: 

And  a  bill  to  be  entitled  an  art  to  establish  the  University  of 
Texas,  originating  in  the  Senate; 

January  23,   1858;   H.  J.,  655-656 

Mr.  Kittrell,  Chairman  of  the  committee  on  Education,  made 
the  following   report: 

The  committee  on  Education,  to  whom  was  referred  a  Senate 
bill  to  establish  the  University  of  Texas,  have  read  the  report  and 
bill  carefully,  as  presented  to  us  by  the  Senate  and  have  instructed 
me  to  say  that  said  report  sets  forth  in  a  clear,  succinct  and  forci- 
ble manner  the  necessity  for  and  the  propriety  of  establishing  one 
State  University,  commensurate  with  the  dignity  and  wants  <*f  the 
State  of  Texas;  and  that  the  bill  provides  amply  the  ways  and 
means  to  carry  out  this  great  enterprise.  The  committee  have, 
therefore,  instructed  me  to  say  that  they  adopt  the  Senate's  report 
and  bill  as  their  own.  and  have  directed  me  to  report  the  same  back 
to  the  House  and  recommend  the  adoption  of  the  report  and  the 
passage    of   the   bill.      Your   committee   cannot    let    this   opportunity 


72  University  of  Texas  Bulletin 

pass  without  most  respectfully  soliciting  all  to  meet  on  the  broad 
and  libera]  platform  contained  in  the  Senate's  bill,  and  unite  in  in- 
augurating this  great  enterprise,  and  thereby  transmit  to  our  pos- 
teritj  a  legacj  more  valuable  than  gold  and  more  enduring  than 
brass.  5four  committee  believe  that  the  public  sentiment  and  the 
public  interest  alike  demand  this  at  our  hands,  that  we  should  take 
the  initiative  In  this  measure  while  the  State  has  means  adequate 
to  the  undertaking  without  imposing  any  burden  on  the  people. 
Ami  we  do  most  cordially  invite  all  to  meet  this  question  fairly  and 
without  prejudice,  and  let  us  be  prepared  to  sacrifice  all  local  and 
sectional  differences  on  the  common  altar  of  our  country's  good 
so  thai  when  the  history  of  our  legislation  shall  be  written,  the 
brightest  and  purest  page  of  that  record  shall  be  that  which  chron- 
icles the  establishment  of  the  TEXAS  UNIVERSITY.  Report  re- 
ceived. 

On  motion  of  Mr.  McKinney  of  Travis,  the  rule  was  suspended 
and  report  and  bill  taken  up,  and 

On  motion  of  Mr.  Brown  made  the  special  order  for  Wednes- 
day next. 

February  4,  1858;  H.  J.  pp.  779-786 

Pending  Mr.  Craig's  motion  to  suspend  the  rule  to  take  up  a 
bill    to    establish    the   Texas    University. 

Question  pending  when  the  House  adjourned,'  viz:  Mr.  Craig's 
motion  to  suspend  the  rule  to  take  up  the  Texas  University  bill, 
taken  up;  the  yeas  and  nays  being  demanded,  stood  thus: 

Yeas — Messrs.  Speaker,  Aycock,  Bee,  Brown,  Buckley,  Burnett, 
Cleveland,  Collier,  Craig,  Dalrymple,  Dennis,  Edwards,  Evans  of 
McLennan,  Evans  of  Austin,  Fisher,  Hardeman,  Harris  of  Guada- 
lupe, Haynes  of  Washington,  Henderson  of  Cass,  Higgins,  Howerton, 
Jennings,  Joseph,  Kittrell,  Latham,  Lee,  McKinney  of  Travis,  Mer- 
riman,  Mills,  Munson,  Powell,  Price,  Rogers,  Smith  of  Orange,  Up- 
shaw,  Waelder,  Witt  and  Wood — 38. 

Nays — Messrs.  Barnard,  Bishop,  Burks,  Crook.  Doom,  Gaston? 
Harris  of  Titus,  Harrison,  Hart,  Lacey,  Lewter,  Lloyd,  Norton, 
Reeves,  Rhodes,  Roberts,  Ross,  Runnels,  Scott,  Shannon,  Sheltou 
and  Walling — 22. 

So  the  House  refused  to  suspend  the  rule. 

The  special  order  having  precedence,  to  wit:  A  bill  to  establish 
the  University  of  Texas  was  taken  up. 

Mr.  Rainey  offered  the  following  amendment  to  the  University 
bill: 

"Provided,  said  University  shall  be  located  between  the  Brazos 
and  Trinity  rivers,  and  between  the  31st  and  33d  parallel  of  North 
latitude." 


A  Source  Book  of  the  University  of  Texas  73 

Mr.   Ross  offered  the  following  substitute  fur  the  amendment: 

Section  14.  It  shall  be  the  duty  of  the  Governor  by  and  with 
the  advice  and  consent  of  the  Senate,  to  appoint  three  commis- 
sioners, one  of  whom  lives  East  of  the  Trinity  river,  one  between 
the  Trinity  and  Brazos  rivers  and  one  West  of  the  Brazos,  whose 
duty  it  shall  be  to  select  and  designate  a  site  for  said  University, 
and  in  making  said  location  they  shall  take  into  particular  consid- 
eration the  convenience  of  wood  and  water,  and  healthy  locality 
with  convenience  for  communication  in  different  directions;  pro- 
vided, that  said  location  shall  be  situated  between  the  Trinity  and 
Brazos  rivers,  and  between  31st  and  33d  of  north  latitude,  and 
make  due  return   of  the  same  to  the  Governor. 

Mr.    Powell    moved   to   lay   the   substitute   on   the   table. 

Mr.    Bee   moved    the   previous   question. 

Mr.    Powell    withdrew    his    motion    to    lay    on    the    table. 

Mr.   Bee  withdrew  his  motion   for  the  previous  question. 

The  question  recurring  on  Hhe  adoption  of  Mr.  Ross'  substitute, 
the    same    was    put   and    stood    thus: 

Yeas — Messrs.  Speaker,  Aycock,  Bishop,  Burks.  Burnett,  Carroll, 
Collier.  Crook.  Doom,  Gaston,  Harris  of  Titus,  Harrison,  Hart, 
Johnson,  Kirk,  Lacy,  Lewter,  Lloyd.  McKenney  of  Hopkins,  Norton, 
Poag,  Rainey,  Reeves,  Rhodes,  Roberts,  Ross,  Scott,  Shannon, 
Shelton,    Waterhouse   and   Wood — 31. 

Nays- — Messrs.  Barnard,  Bee,  Brown,  Buckley,  Chance,  Cleve- 
land, Clow,  Cooiey,  Craig,  Dennis,  Evans  of  Austin,  Evans  of  Mc- 
Lennan, Everett,  Fisher,  Hall,  Hardeman,  Harris  of  Guadalupe, 
Haynes  of  Starr,  Haynes  of  Washington,  Higgins,  Howerton, 
Joseph,  Kinney,  Kittrell,  Lee,  McKinney  of  Travis,  Merriman,  Mills, 
Munson,  Navarro,  Powell,  Price,  Smith  of  Orange,  Tait,  Upshaw, 
and   Waelder — 36. 

So   the   House   refused   to   adopt   the   substitute. 

The  question  then  recurring  on  Mr.  Rainey's  amendment,  the 
same  was  put  before  the  House  which  refused  to  adopt  the  amend- 
ment by  the  following  vote: 

Yeas — Messrs.  Speaker,  Aycock,  Bishop.  Burks,  Burnett,  Carroll, 
Collier,  Crook,  Doom,  Gaston,  Harris  of  Titus,  Harrison,  Hart, 
Johnson,  Kirk,  Kittrell,  Lacy,  Lewter,  Lloyd,  McKenney  of  Hop- 
kins, Norton,  Poag,  Rainey,  Reeves,  Rhodes,  Roberts,  Ross,  Run- 
nels,  Scott,   Walling,   Waterhouse   and  Wood — 34. 

Nays — Messrs.  Barnard,  Bee,  Brown,  Buckley,  Chance,  Cleve- 
land, Clow,  Cooiey,  Craig,  Dennis,  Edwards,  Evans  of  Austin.  Evans 
of  McLennan,  Everett,  Fisher,  French,  Hall,  Hardeman,  Harris  of 
Guadalupe,   Haynes  of  Starr,  Haynes  of  Washington,   Henderson   of 


,[  University  of  Tikis  Bulletin 

Cass,  Higgins,  Howerton,  Joseph,  Kinney.  Lee,  .McKinney  of  Travis, 
Merriman,  Mills,  Munson,  Navarro,  Powell,  Price.  Smith  of  Orange, 
Talt,    Upshaw  and   Wackier — 38. 

Mr.    Doom    proposed  to   amend  as  follows: 
strike   out    50    leagues    appropriated    by    the    Congress   of   Texas 
in    L839." 

The  House  refused  to  adopt  the  amendment  by  a  vote  of  25' 
yeas  to   43   nays. 

Mr.    Ross   offered    a   substitute   for   the    12th   section,    as   follows: 

"The   administrators    shall   once    in    two   years  elect   a   treasurer,, 
who  shall  give  bond  in  the  sum  of  $200,000  for  the  performance  of 
his  duty,  approved  by  the  President,  and  whose  duty  it  shall  be  to 
collect  and  disburse  the  funds  of  the  University,  under  the  direction 
of   the   Board   of   Administrators." 

The  House  refused  to  adopt  the  amendment  by  a  vote  of  25  yeas 
to   42  nays. 

Mr.  Lewter  proposed   the  following  as   an   additional  section: 

And  should  such  University  be  located  East  of  the  Trinity  River, 
there  shall  be  established  West  of  the  same,  a  literary  college 
of  equal  rank  and  endowment  with  the  literary  department  of  the 
University.  But  if  the  University  should  be  located  West  of  the 
said  River,  then  such  College  shall  be  established  East  of  the  same. 

The  question  being  on  the  adoption  of  the  amendment,  the  same 
was   put,   and   stood  thus: 

Yeas — Messrs.  Speaker,  Bishop,  Burnett,  Chilton,  Doom,  Gaston, 
Harris  of  Titus,  Harrison,  Hart,  Henderson  of  Cass,  Jennings, 
Johnson,  Lacy,  Lewter,  Lloyd,  McKenney  of  Hopkins,  Norton, 
Rainey.  Ross,  Runnels,  Walling,  Waterhouse  and  Witt — 2  3. 

Nays — Messrs.  Aycock,  Barnard,  Bee,  Brown,  Buckley,  Chance, 
Cleveland,  Clow,  Cooley,  Craig,  Dalyrmple,  Dennis,  Edwards.  Evans, 
of  Austin,  Evans  of  McLennan,  Fisher,  Everett,  Hall,  Hardeman, 
Harris  of  Gaudalupe,  Haynes  of  Starr,  Haynss  of  Washington,  Hen- 
derson of  Harris,  Higgins,  Howerton,  Joseph,  Kinney,  Kittrell,  La- 
tham, Lee,  McKinney  of  Travis,  Merriman,  Mills,  Navarro,  Powell, 
Price,  Reeves,  Rhodes,  Roberts,  Rogers.  Shannon,  Smith  of  Fan- 
nin.  Smith   of  Orange,  Tait,  Upshaw,   Waelder  and  Wood — 47. 

Mr.   Hart  proposed  a  substitute  for  first  section   of  the  bill. 

The  House  refused  to  adopt  the  substitute  by  the  following  vote: 

Yeas—  Messrs.  Barnard,  Bishop,  Burks,  Burnett.  Doom,  Gaston, 
Harris  of  Titus,  Harrison,  Hart,  Jennings,  Johnson,  Kirk,  Lacy, 
Lewter.  McKenney  of  Hopkins,  Norton,  Rainey.  Rhodes,  Ross, 
Shannon,  Sheltor.  Walling.  Waterhouse.  Witt  and  Wood — 25. 

Nays— Messrs.  Speaker,  Aycock.  Bee,  Brown,  Buckley.  Chance, 
Cleveland,  Clow,  Cooley,  Craig.  Dalrymple.  Dennis.  Edwards,  Ev- 
ans  of  Austin,    Evans   of   McLennan.   Everett.   Fisher,   French,   Hall, 


A  Soura  Hook  of  (In  University  of  Texas  75 

Hardeman,  Harris  of  Gaudalupe.  Haynes  of  Starr.  Haynes  of  Wash- 
ington, Henderson  of  Cass,  Higgins,  Howerton,  Joseph,  Kinney, 
Kittrell,  Latham,  Lee,  McKinney  of  Travis,  Merriman.  Mills,  Mini- 
son,  Navarro,  Poag,  Powell,  Price.  Reeves,  Roberts,  Rogers,  Run- 
nels, Smith  of  Orange,  Tait,  Upshaw  and  Waelder — 47. 

Mr.  Walling  moved  to  "strike  out  25  leagues  of  the  land  hereto- 
fore set  apart  for  the  establishment  of  two  Colleges,  or  University, 
by  the  Republic  of  Texas  in  the  year  1839,  and  appropriate  30 
leagues  of  the  unappropriated  Public  domain  of  the  State."     Lost. 

Mr.  Norton  offered  the  following  amendment:  Amend  section 
9th,  so  as  to  read  as  follows: 

"Sec.  9.  Instruction  at  the  University,  and  boarding,  lodging, 
clothing  and  washing,  and  other  necessary  expenses  of  the  student 
shall  be  free." 

The  House  refused  to  adopt  the  amendment  by  27  yeas;   45  nays. 

Mr.  Chilton  moved  to  reconsider  the  vote  refusing  to  adopt  the 
amendment    of    Mr.    Walling;    lost    by   the    following   vote: 

Yeas — Messrs.  Barnard,  Bishop,  Burnett,  Doom,  Gaston,  Harris 
of  Titus.  Harrison.  Hart,  Johnson  Kirk,  Lacy,  Lesueur,  Norton, 
Rainey,  Reeves,  Rhodes,  Ross,  Runnels,  Shelton,  Walling,  Water- 
house  and   Wood — 22. 

Nays — Messrs.  Speaker,  Aycock,  Bee  Brown.  Buckley  Burks, 
Carroll,  Chance,  Cleveland,  Cooley,  Craig,  Dalrymple,  Dennis,  Ed- 
wards, Evans  of  Austin,  Everett,  Fisher,  French,  Hall,  Hardeman, 
Harris  of  Guadalupe,  Haynes  of  Washington,  Henderson  of  Cass, 
Higgins,  Howerton,  Joseph,  Kinney,  Kittrell,  Latham,  Lee.  McKin- 
ney of  Travis,  Merriman,  Mills,  Munson,  Navarro,  Poag,  Powell, 
Price,  Rogers,  Shannon,  Smith  of  Fannin,  Smith  of  Orange,  Tait, 
Upshaw,    Waelder   and    Witt — 4fi. 

Mi-.    Wood    offered    the    following    amendment: 

"The  Treasurer  of  the  State  shall  be  required  to  give  bond,  with 
two  or  more  sufficient  sureties,  to  be  approved  by  the  Governor, 
in  the  sum  of  $200,000,  conditioned  for  the  faithful  performance  of 
his   duties   as    Treasurer   of   the   University." 

The  House  refused  to  adopt  the  amendment  by  the  following 
vote: 

Yeas — Messrs.  Bishop,  Burnett.  Doom,  Evans  of  McLennan,  Har- 
ris of  Titus,  Harrison,  Hart,  Jennings.  Johnson,  Kirk,  Lacy,  Les- 
ueur. Lewter.  Loyd,  Norton,  Poag,  Rainey,  Reeves,  Rhodes,  Rob- 
erts,  Ross,  Shannon,  Shelton.  Walling,  Waterhouse,  Witt  and 
Wood — 28. 

Nays  Messrs.  Barnard.  Bee,  Brown,  Buckley,  Burks,  Chance, 
Cleveland.  Collier,  Craig,  Dalrymple.  Edwards.  Evans  of  Austin. 
Everett,  Fisher,  Hall,  Hardeman,  Haynes  of  Starr.  Haynes  of  Wash- 
ington,   Henderson    of   Cass.    Henderson    of    Harris,    Joseph.    Kinney, 


76  l  niversity  of  Texas  Bulletin 

Kilt  i. II,  L;it  ham,  Lee,  Powell,  Price,  Rogers,  Smith  of  Fannin, 
Smith  of  Orange,  Tait,  Upshaw  and  Waelder — 4  0. 

Mr.  Harrison  moved  to  amend  by  striking  out  $100,000,  and  In- 
serting $50,000;    lost. 

Mr.    Norton   offered   the   following   amendment: 

Amend  by  striking  cut  of  the  4th  section,  "Surgery  and  Medi- 
cine   Ethics,    the   law   of   Nature,    of   Nations    and    Municipal   Law." 

The  House  refused  to  adopt  the  amendment. 

Mr.    Rhodes   offered   the   following  amendment: 

"Sec.  — .  The  said  University  shall  be  located  at  the  city  of  Aus- 
tin." 

On  motion  of  Mr.   Price,  laid  on  the  table. 

Mr.    Norton,    offered    the    following    amendment: 

Insert  after  "administrator,"  wherever  it  occurs,  "or  execu- 
tors." 

House  refused  to  adopt. 

Question  recurring  on  the  passage  of  the  bill  to  a  third  reading, 
the  same  was  put,  and  the  bill  passed  to  a  third  reading  by  the 
following   vote. 

Yeas — Messrs.  Aycock,  Bee,  Brown,  Buckley,  Chance,  Chilton, 
Cleveland,  Clow,  Cooley,  Craig,  Dalrymple,  Dennis,  Edwards, 
Evans  of  Austin,  Evans  of  McLennan,  Everett,  Fisher,  French, 
Hall,  Hardeman,  Harris  of  Guadalupe,  Harris  of  Titus,  Haynes  of 
Starr,  Haynes  of  Washington,  Henderson  of  Cass,  Henderson  of 
Harris,  Higgins,  Howerton,  Jennings,  Johnson,  Joseph,  Kinney, 
Kittrell,  Latham,  Lee,  McKinney  of  Travis,  Merriman,  Mills,  Mun- 
son,  Navarro,  Powell,  Frice,  Rainey,  Rogers,  Ross,  Shelton,  Smith 
of  Fannin,  Smith  of  Orange,  Tait,  Upshaw,  Waelder  and  Witt — 5  2. 

Nays — Messrs.  Speaker,  Barnard,  Bishop,  Burnett,  Doom,  Gaston, 
Harrison,  Hart,  Kirk,  Lacy,  Lewter,  Lloyd,  Norton,  Poag,  Reeves, 
Rhodes,    Roberts,    Shannon,    Walling   and    Waterhouse — 20. 

Mr.  Henderson  of  Harris  moved  a  suspension  of  the  rule  to  put 
the  bill  on  its  final  passage;  lost  by  a  vote  of  52  yeas  to  24  nays. 

February  8,  1858;  H.  J.  pp.  806-807,  809. 

A  bill  to  establish  the  University  of  Texas. 

Mr.  Chilton  moved  to  postpone  the  consideration  of  the  bill  until 
7%  o'clock  P.  M. 

Mr.   Everett  moved  to  lay  the  motion  to   postpone  on  the  table. 

On  motion  of  Mr.  Doom,  a  call  of  the  House  was  ordered. 

Mr.   Cleveland   moved  to  suspend  the  call:    lost. 

Mr.  Everett  moved  to  adjourn  until  3  o'clock,  P.  M.;   lost. 

Mr.  Everett  moved  to  adjourn  until  7  o'clock,  P.  M.;   lost. 

On  motion  of  Mr.  Chilton,  the  call  was  suspended. 


A  Source  Book  of  tin  University  of  Texas  11 

Mr.  Everett,  by  leave,  withdrew  the  motion  to  lay  the  motion 
to  postpone  on  the  table. 

The  question  recurring  op.  the  postponement  of  the  bill  until  T'j 
P.  M.,  the  same  was  put,  and  the  House  refused  to  postpone  by  a 
vote  of  34  yeas  to  39  nays. 

Mr.  Jennings  offered  the  following  amendment  to  the  bill: 

"Sec.  — .  That  in  addition  to  th-e  land  hereinbefore  appropriated, 
there  shall  be  selected,  surveyed  and  set  apart,  under  the  direction 
of  the  Governor,  one  hundred  leagues  of  land,  from  any  of  the  va- 
cant public  domain,  for  th-e  endowment  of  the  University. 

"Sec.  — .  That  the  sum  of  fifteen  thousand  dollars,  out  of  the 
money  set  apart  in  the  bill,  or  so  much  thereof  as  may  be  necessary 
is  hereby  appropriated  for  the  purposes  of  the  next  preceding  sec- 
tion." 

The  House  refused  to  adopt  the  amendment  by  a  vote  of  14  yeas 
to   4  6  nays. 

Mr.  Chilton  introduced  a  bill  setting  apart  fifty  leagues  of  land 
for  the  establishment  of  the  Literary  College  of  Eastern  Texas;  read 
first  time. 

Mr.  Chilton  moved  to  suspend  the  rule  and  take  up  the  bill;  lost. 

February  10.  18.">8,  H.  J.  pp.  828-829 

Mr.  Kittrell,  Chairman  of  the  committee  on  Education,  reported 
as  follows,  on  a  bill  granting  five  leagues  of  land  to  each  Literary 
College  in  the  State: 

A  portion  of  the  committee  on  Education,  to  whom  was  referred 
a  bill  donating  five  leagues  of  land  to  each  of  the  Literary  Colleges 
in  the  State,  have  examined  the  subject,  and  take  great  pleasure 
in  commending  it  to  the  attention"  of  the  Legislature,  as  one  emi- 
nently worthy  of  their  favorable  consideration. 

They  deem  the  application  of  the  public  domain  to  the  purposes 
of  promoting  education  as  legitimate  and  proper,  and  the  surest 
means  of  diffusing  the  greatest  amount  of  good  to  the  greatest 
number  within  our  State — which  is  a  principle  that  lies  at  the  foun- 
dation  of   all   wholesome   and   proper   legislation. 

Your  committee  would  suggest  that  they  deem  the  literary  col- 
leges of  our  State,  which  have  struggled  into  existence  by  individual 
and  associated  enterprise,  as  every  way  -entitled  to  and  worthy  of 
the  fostering  care  of  legislative  patronage.  They  already  exist  among 
us,  and  are  dispensing  the  lights  of  science  and  th-e  general  blessings 
of  education.  Some  of  them,  indeed  most  of  them,  are  languishing 
from  the  want  of  aid,  and  now,  are  loudly  demanding  it  at  our  hands. 
Your  committee  do  most  earnestly  hope  that  your  honorabl-e  body 
will  not  turn  a  deaf  ear  to  their  wants  and  entreaties,  but  grant 
them  the  reasonable  boon  asked  for  in  the  bill  under  consideration. 


r8  University  of  Texas  Bulletin 

As  our  finances  are  in  a  condition  to  preclude  the  hope  of  much 
pecuniary  aid  to  these  institutions,  they  would  suggest  that,  to 
granl  the  landed  aid  asked  for  in  the  bill,  would  certainly  be  a  much 
more  legitimate  and  proper  application  of  our  public  domain  than  to 
suffer  it  to  pass  Wto  the  hands  of  the  greedy  and  rapacious  land 
speculators,  by  which  it  might  become  an  instrument  of  oppression, 
rather  than  a  benefit  or  blessing  to  the  people  generally.  Your  com- 
mittee, therefore,  have  instructed  me  to  report  the  bill  back  as 
amended,  and   recommend  its  passage. 

Mr.  Upshaw  offered  the  following  as  an  amendment  to  the  com- 
mittee's amendment  and  the  amendment  thereto: 

Strike  out  "Literary  Colleges."  and  insert  "five  leagues  to  each 
county  for  common  school  purposes." 

Mr.  Clow  moved  to  lay  the  whole  subject  on  the  table;  lost,  19 
yeas  45   nays. 

On  motion  of  Mr.  Buckley,  the  bill  and  amendments  were  referred 
to  a  select  committee  of  five. 

Feb.  11,  1858,  H.  J.  pp.  859-860 

Mr.  Roberts  entered  the  following  protest: 

The  undersigned  members  of  the  House  of  Representatives,  in 
view  of  their  obligations  and  responsibilities,  most  respectfully  dis- 
sent from  the  action  of  the  majority  of  the  House,  in  passing  a  bill 
to  be  entitled  an  act  to  establish  a  "State  University,"  and  object  to 
the  same,  upon  the  ground  of  its  violating  the  guarantees  of  the  Con- 
stitution of  the  State  in  the  following  manner. 

1st.  The  same  substance  of  this  bill  in  regard  to  the  establish- 
ment of  a  University,  and  endowing  it  with  lands  and  money,  has 
been  embodied  in  a  resolution  heretofore  offered  to  the  House  during 
its  present  session — and  unequivocally  rejected,  in  the  usual  and 
well  understood  manner  of  rejecting  bills  or  resolutions.  This  was 
the  clear  and  decided  opinion  of  many  members  at  the  time,  as  ex- 
pressed by  them  publicly  as  well  as  privately  and  so  went  forth 
to  the  world. 

It  therefore  virtually  and  substantially  violates  the  22d  section 
of  the  third  article  of  the  Constitution  of  this  State,  expressed  in 
the  following  terms,  viz: 

"After  a  bill  or  resolution  shall  have  been  rejected  by  either 
bianch  of  the  Legislature — no  bill  or  resolution  containing  the  same 
substance  shall  be  passed  into  a  law  during  the  same  session." 

2nd.  The  act  of  26th  January,  1839,  appropriated  and  set  apart 
fifty  leagues  of  land  for  the  establishment  and  endowment  of  two 
universities,  as  shown  in  Hartley's  Digest,  Article  884.  This  was 
a  contract  binding  the  State.     Our  bill  appropriates  the    same    land 


A  Source  Bool;  of  the  University  of  Texas  79 

to  a  different,  use,  viz:  to  the  endowment  of  one  university — and 
in  so  far  it  effectually  violates  the  contract  implied  in  the  former 
appropriation  of  the  said  fifty  leagues,  and  contravenes  that  portion 
of  the  14th  section  of  the  first  article  of  the  said  State  Constitution 
which  is  thus  expressed,  viz:  No  law  Impairing  the  Obligations  of 
Contracts  shall  be  made. 

We  therefore  object  to  the  passage  of  said  bill  and  hereby  enter 
our  SOLEMN  PROTEST  against  the  same 

M.  F.  Roberts,  R,  C.  Doom,  Johnathan  Lewter,  William  M.  Ross, 
Emory  Lloyd,  John  H.  Burnett,  J.  G.  Collier,  W.  R.  Shannon,  G.  R. 
Reeves,  E.  J.  Shelton,  J.  M.  Harrison,  A.  B.  Norton,  J.  H.  Barnard, 
F.  D.  McKenney,  Richard  Waterhouse,  A.  Bishop,  Jesse  Walling, 
D.  R.  Lacy,  J.  P.  Scott,  M.  D.  Hart,  H.  Rhodes,  C.  M.  Lesueur,  J. 
H.  Crook,  R.  K.  Gaston. 

I  subscribe  to  the  first  ground  of  protest, 

W.  R.  Poag. 

Austin  9th  February,  1858. 

November  J),  1857;   S.  J.  p.  57 

Mr.  Paschal  offered  the  following  resolution: 

Resolved,  That  so  much  of  the  Governors  message  as  relates  to  a 
Convention  for  the  purpose  of  amending  our  State  Constitution  be 
referred  to  the  committee  on  State  Affairs;  and  so  much  of  it  asv 
relates  to  a  State  University  to  the  same  committee;  adopted. 

O.  B.  102.     By  Mr.  Wigfall. 

To  establish  a  State  University. 

Friday,  November  IS,   1857;   S.  J.  pp.  78-70 

Mr.  Wigfall,  Chairman  of  the  Committee  on  State  Affairs,  made  the 
following  report: 

The  Committee  on  State  Affairs,  to  which  was  referred  that  part 
of  the  Governor's  Message  in  relation  to  the  establishment  of  a 
State  University,  have  had  the  same  under  consideration,  and  instruct 
me  to  report  the  accompanying  bill  and  recommend   its  passage. 

Your  committee  deem  it  unnecessary  to  comment  upon  the  ne- 
cessity or  advantage  of  such  an  institution.  The  universal  exper- 
ience of  all  civilized  nations  has  demonstrated  the  necessity  of  in- 
stitutions where  the  higher  branches  of  scholastic  education  may 
be  taught,  and  the  advantages  of  having  such  an  institution,  within 
the  limits  of  our  State,  where  our  youth  may  be  taught  at  home, 
are  too  obvious  to  require  comment.  The  measure  has  frequently 
been  recommended  to  the  Legislature,  and  it  is  believed  no  definitive 
action  lias  been  heretofore  had  because  of  the  embarrassment  of  our 
Public  Debt.  That  being  now  happily  adjusted,  and  the  condition 
of  the  public  treasury  fully  warranting  the  measure,   this  is  deemed 


80  University  of  Texas  Bulletin 

.  n  auspitious  period  to  provide  for  the  endowment  of  a  State  Uni- 
\  ersity. 

Your  committee  have  forborne  the  expression  of  an  opinion  as  to 
the  place  at  which  such  an  institution  should  be  located.  They 
have  no  doubt  the  wisdom  of  the  Legislature  will  be  directed  to  a 
suitable  site.  It  is  not  a  matter  of  so  much  importance  as  to  where 
the  University  should  be  situated,  as  that  we  should  receive  the 
advantages    of    such    an    institution. 

A  bill  to  set  apart  and  appropriate  a  fund  for  the  establishment 
and    endowment    of    a    State    University;    read    first   time. 

Saturday,   November  14,   1857;   S.  J.,  p.  88 

A  bill  to  set  apart  and  appropriate  a  fund  fo"r  the  establishment 
and  endowment  of  a  State  University;  read  a  2d  time,  and  on 
motion  of  Mr.  Throckmorton,  made  the  special  order  for  the  1st 
Monday  in  December,  and  one  hundred  copies  ordered  to  be  printed 
for  the  use  of  the  Senate. 

Monday,    ]  December   7,    1857;    S.   J.   p.    166 

A  bill  to  set  apart  and  appropriate  a  fund  for  the  establishment 
and  endowment  of  a  State  University,  special  order  for  to-day,  was 
taken    up    and   read. 

Mr.  Lott  moved  to  amend  by  striking  out  "one  university"  and 
inserting    "two    universities." 

On  motion  of  Mr.  Potter,  laid  on  the  table  by  the  following  vote: 

Yeas — Messrs.  Britton,  Burroughs,  Caldwell,  Erath,  Grimes,  Her- 
bert, Hyde,1  McCulloch,  Paschal,  Potter,  Quinan,  Shepard,  Stockdale, 
Taylor    of    Fannin,    and    Throckmorton — 15. 

Nays — Messrs.  Fall,  Graham,  Guinn,  Lott,  Maverick,  Pirkey,  Rus- 
sell, Taylor  of  Cass,  Taylor  of  Houston,  Walker,  and  Wren — 11. 

Mr.  Taylor  of  Cass  offered  a  bill  setting  apart  fifty  leagues  of 
land  for  the  endowment  of  two  universities,  as  a  substitute  for  the 
bill  reported  by  the  committee. 

Mr.  Throckmorton  moved  a  call  of  the  Senate — carried;  absent, 
Messrs.   Wigfall  and   Martin. 

On  motion  of  Mr.  Taylor  of  Cass,  Mr.  Martin  was  excused  on 
account  of  sickness. 

Monday,    December  7,    1857;    S.   J.   p.    167 

On  motion  of  Mr.  Stockdale,  the  bill  to  establish  a  State  Uni- 
versity, and  the  substitute  offered  therefor  by  Mr.  Taylor  of  Cass, 
was  re-referred  to  the  committee  on  State  Affairs,  with  instructions 
to  enquire  into  the  state  of  the  Treasury,  and  ascertain  what  fundg 


A  Source  Book  of  tin   University  of  Texas  M 

are  in  the  hands  of  the  State  which  may  be  appropriated  for  the 
purpose  of  endowing  one  State  University,  and  if  they  find  a  suf- 
ficient amount,  they  report  a  bill  for  the  establishment  of  such  uni- 
versity,  if   the   committee   deem   it   expedient. 

Saturday,  January  16,  1858:  S.  J.  pp.  345-349 

Mr.    Wigfall    made   the    following   report: 

I  am  instructed  by  the  committee  on  State  Affairs,  to  whom  were 
referred  the  bill  for  establishing  a  State  University,  with  the  sub- 
stitute bill,  establishing  two,  and  the  resolution  requiring  th« 
committee  to  ascertain  the  condition  of  the  Treasury,  and  report 
a  bill  for  establishing  one  University,  if  expedient,  to  report  that 
there  will  be  in  the  Treasury,  on  the  30th  June,  1859,  above 
$500,000,  subject  to  appropriation.  The  examination  of  the  com- 
mittee on  this  subject  has  been  thorough.  The  basis  of  this  cal- 
culation is  given  below,  marked  Exhibit  A. 

The  committee  deem  it  expedient  to  establish  one  University,  and 
but  one.  They  do  not  use  the  term  University  in  its  largest,  and, 
probably,  generally  accepted  signification — an  universal  school,  in 
which  are  taught  all  the  various  branches  of  learning,  arts  and  sci- 
ence. It  is  deemed  expedient  to  dispense  with  the  faculty  of  the- 
ology, for  the  obvious  reason  that  its  establishment  would  involve 
the  necessity  of  deciding  upon  the  orthodoxy  of  the  different  sects 
into  which  the  religious  community  is  divided.  All  are  tolerated 
and  protected.  None  can  be  encouraged,  or  established  by  law.  It 
is  believed,  however,  that  all  will  be  greatly  benefitted  by  the  estab- 
lishment of  a  University,  in  the  more  limited  sense,  composed  of 
the  three  faculties  of  Law,  of  Medicine,  and  of  the  Arts,  Sciences  and 
Literature.  And  religious  sects,  by  establishing  in  the  vicinity  of 
the  University,  a  Theological  college,  in  which  is  to  be  taught  its 
peculiar  tenets,  will  be  saved  the  expense  of  employing  professors 
of  languages,  history  and  the  sciences,  which  are  necessary  to  be 
studied,  and  understood  by  those  who  are  to  expound  the  scrip- 
tures. This  great  advantage,  it  is  believed,  will  soon  be  seen  and 
appreciated  by  the  different  religious  sects  in  our  country. 
Churches  will  rapidly  be  built  near  the  University,  and  thus,  with- 
out any  invidious  interference  on  the  part  of  the  State,  ample  op- 
portunities will  be  offered  to  all  who  attend  it,  to  worship  God 
after  the  dictates  of  their  own  conscience. 

By  establishing  a  University  instead  of  a  College,  great  ad- 
vantage will  be  offered  to  all — both  the  rich  and  the  poor.  No 
particular  course  of  study  will  be  prescribed;  no  procrustean  rule 
established;  no  impractible  efforts  will  be  made  to  prepare  all  for 
every   pursuit   in   life,   but  each   may   be  fitted   for  any  he   may   de- 


82  University  of  Texas  Bulletin 

Sire.  The  student  of  law  may  add  to  his  course  agriculture,  chemi- 
try,  literature,  history,  political  economy,  and  languages.  The  stu- 
il' hi  of  medicine,  languages  and  science;  he  who  intends  to  become 
a  tiller  of  the  soil  may  study  alone  agricultural  chemistry,  or,  if  he 
would  become  a  useful  citizen,  -and  prepare  himself  to  occupy  that 
position  in  life,  with  credit  to  himself  and  benefit  to  his  country, 
for  which  his  vocation  so  peculiarly  fits  him,  he  may  add  to  his 
studies  political  economy  and  history. 

To  establish  even  one  University,  which  will  be  of  any  practical 
benefit  to  the  people,  the  outlay  must  be  large.  What  is  called 
economy  is  often  extravagance  in  disguise.  Parsimony  is  always 
so.  In  addition  to  the  lecture  rooms,  which  should  be  large,  it  will 
be  necessary  to  erect  an  observatory,  and  procure  a  library,  phil- 
osophical apparatus,  cabinet  of  minerals,  etc.  What  is  worth  doing 
at  all,  is  worth  doing  well — ''niggardliness  is  not  good  husbandry." 
State  pride  forbids  the  idea  of  establishing  an  institution  not  com- 
mensurate with  the  vast  resources  of  the  State.  The  lectures 
should  be  free  to  all  citizens  of  the  State.  No  monopoly  of  learn- 
ing should  be  secured  to  wealth.  The  funds  we  are  appropriating 
were  purchased  by  the  blood  of  the  heroes  of  our  Revolution.  The 
sons  of  the  patriots  of  that  period,  who  bought  the  liberty  we 
enjow  with  their  fortunes,  should  not  be  excluded,  even  if  it  were 
necessary  to  resort  to  taxation.  But  taxation  will  not  be  necessary 
if  we  discard  the  chimerical  idea  of  establishing  two  Universities. 
The  cost  of  one,  such  as  should  be  established,  will  require  all  the 
means  the  State  can  command,  large  as  they  are.  The  interest 
upon  the  amount  necessary  to  establish  the  second  would  pay  the 
professors  of  the  first.  Is  it  better  to  have  two,  into  neither  of 
which  the  sons  of  any  but  the  rich  could  enter,  or  one,  which  would 
be  open  to  the  poorest  youth  in  the  State?  Establish  a  Univer- 
sity in  the  east  and  one  in  the  west,  and  the  sons  of  all  will  be 
excluded,  except  those  of  the  rich.  Establish  one,  whether  east 
or  west  of  the  Trinity,  and  it  will  be  open  to  all,  whether  rich  or 
poor.  Your  committee  would  regret  to  see  the  descendents  of  one 
who  perished  at  Goliad  or  in  the  Alamo,  excluded  from  an  insti- 
tution of  learning  founded  by  the  State  from  the  very  fund  furn- 
ished by  his  blood,  into  which  the  son  of  a  fortunate  land  specu- 
later  could  buy  his  way.  Those  considerations  alone,  would  in- 
duce your  committee  to  favor  the  establishment  of  but  one  Uni- 
versity, were  there  no  others;  but  there  are  other  and  even  higher 
considerations. 

It  must  be  the  wish  of  every  patriot  that  all  sectional  differences, 
which  now  unhappily  prevail,  founded  upon  mere  locality  should 
cease.  Establish  two  Universities — one  in  the  east  and  the  other 
in  the  west — and  the  youths  of  the  different  sections  of  the   State 


A  Source  Bool:  of  the  University  of  Texas  83 

will  be  educated  at  their  respective  institutions.  Will  not  a  riv- 
alry at  once  spring  up  between  the  two  institutions.  Will  not  the 
youths  of  each  become  imbued  with  those  sectional  prejudices? 
May  not  different  systems  of  political  philosophy  be  taught  in  the 
rival  institutions?  Texas  should  be  a  unit.  No  friendships  are 
so  lasting  as  those  formed  in  early  youth.  No  ties  so  binding  as 
those  of  college  life.  The  chum  is  a  brother,  not  of  accident,  but 
of  choice. 

Then  let  us  bring  our  youth  from  the  east  and  from  the  west, 
from  the  north  and  the  south,  and  educating  them  at  one  common 
institution — teach  them  to  feel  that  they  are  Texians.  When  their 
hearts  are  most  susceptible  of  impressions  allow  them  to  form 
friendships  which  will  last  with  life.  When  they  meet  upon  the 
great  theatre  of  action,  let  tliem  meet  like  brothers.  Establish 
two  Institutions,  and  you  will  already  have  formed  two  states. 
Those  who  have  been  educated  out  of  a  common  fund  will  meet 
in  your  Legislative  Hall  like  strangers — they  will  feel  like  strang- 
ers— they  will  act  like  strangers.  A  division  of  the  State  has 
ceased  to  be  thought  of,  except  by  those  who  love  place  and  power 
more  than  country — those  for  whom  there  are  not  offices  enough. 
The  equilibriums  between  the  north  and  the  south  can  never  be 
re-established  by  a  division  of  the  State.  If  Texas  is  to  remain 
in  the  Union,  as  must  be  the  wish  of  every  patriot,  her  power  and 
influence  will  be  diminished  by  division.  New  England,  as  one 
State,  with  but  two  Senators  on  the  floor  of  Congress,  would,  by 
her  vote  in  the  electoral  college,  control  the  destinies  of  the 
country.  New  York,  divided,  would  be  shorn  of  her  power.  Texas 
came  into  the  Union  as  an  Empire.  Let  her  remain  in  it  an  Em- 
pire, or  go  out  of  it  an  Empire.  Virginia,  when  the  Empire  State, 
furnished  protection  to  her  sisters  of  the  South — she  has  been 
overshadowed  by  New  York.  Let  Texas  take  her  place.  Under 
her   guidance   the  South   will   be  safe — the   Union   will   be  safe. 

Your  committee  have,  according  to  instructions,  reported  a  bill 
for  the  establishment  of  one  University.  They  cannot  hope  that  Its 
details  are  perfect.  It  is  but  the  entering  wedge.  Future  Legisla- 
tures can  complete  the  work  they  have  begun,  supply  the  defici- 
encies and  correct  their  blunders.  If  nothing  is  begun  nothing  can 
be  finished.  They  deem  it  important  at  this  time  to  make  the  ap- 
propriations, for  fear  that  at  another  there  will  be  nothing  to  ap- 
propriate. They  have  not  thought  it  expedient  to  determine  the 
location  of  the  University.  That,  in  their  opinion,  is  a  matter  of 
but  small  consequence,  so  that  there  be  but  one.  If  open  to  all, 
they  doubt  not  it  will  be  resorted  to  by  all,  whether  it  be  estab- 
lished in  the  east  or  west,  or  in  neither.  The  question  is,  shall  we 
have  a  University?  not  where  shall  we  have  it.     They  would  regard 


84  University  of  Texas  Bulletin 

any  suggestions  as  to  locality  as  ill  timed,  and  as  calculated,  if  not 
intended,  to  destroy  this  great  undertaking.  They  cannot  consent 
to  sacrifice  patriotism  upon  the  altar  of  selfishness.  They  feel  that 
they  would  be  unworthy  to  sit  in  the  councils  of  the  State  could 
they  not  leave  their  miserable  neighborhood  prejudices  at  home. 
It  was  not  for  the  east  or  the  west  that  the  blood  of  our  patriot- 
heroes  was  shed  in  1836.  It  was  for  Texas  that  they  bled,  for  her 
independence,  her  glory  and  prosperity. 

There  is  one  other  matter  to  which  your  committee  will  briefly 
allude.  Tt  seems  to  be  supposed  by  some  that  it  was  the  intention 
of  the  Congress  of  183  8  to  establish  an  eastern  and  western  Uni- 
versity, and  that  we  should  be  governed  by  that  initiative.  This 
opinion  results  from  an  entire  misapprehension  of  the  facts.  The 
journals  of  that  Congress  show  that  the  Committee  to  whom  was 
referred  President  Lamar's  message,  reported  a  bill  appropriating 
land  to  two  institutions,  "one  to  be  established  in  Eastern  and  the 
other  in  Western  Texas" — that  the  words  eastern  and  western  were 
stricken  out — (Journals  of  House  of  Representatives,  page  279). 
Your  committee  is  informed  upon  good  authority,  that  the  appro- 
priation to  two  institutions  was  not  made  with  a  view  to  establish 
two,  for  young  men,  and  make  the  institution  sectional.  The  idea 
was  suggested,  but  was  indignantly  frowned  down  by  the  patriots 
of  that  day.  The  words  "Eastern  and  Western"  were  stricken  out, 
as  has  been  suggested,  and  the  word  "two"  retained,  that  one  might 
be  established  for  each  of  the  sexes,  should  it  afterwards  be  deemed 
expedient. 

I  am  further  instructed  by  your  committee  to  introduce  a  joint 
resolution,  (marked  exhibit  B)  for  altering  the  constitution  so  as 
to  secure  the  donations  of  lands  to  the  University  and  public 
schools,  and  do  not  doubt,  should  it  pass,  that  it  will  be  ratified 
by  the  people.  The  necessity  is  so  obvious  that  argument  is  deemed 
useless. 

All  of  which  is  respectfully  submitted. 

LOUIS  T.   WIGFALL,   Chairman. 

EXHIBIT  A. 

Comptroller's   estimate   of    funds     remaining    in     the 

Treasury,  30th  June,   1853 $159,348.19 

An  examination  of  the  Comptroller's  report  will  show 
that  the  above  balance  is  estimated  from  the  funds 
now  in  the  Treasury,  and  that  he  has  not  taken  into 
account  the  State  taxes  to  be  received  into  the  Trea- 
sury, between  this  time  and  the  30th  of  June,  1859. 
These  taxes  should  be  added  to  the  above  balance. 
The  taxes  for  1857  amounted  to  over  $300,000.     For 


A  Source  Book  of  the  University  of  Texas  85 

/ 
several  years  past  the  taxes  have  increased  10  per 
cent   per   annum.      Estimate   the   taxes   of   1858   at 
$330,000,  from  which  deduct  expenses  for  collecting, 
&c,  and  there  will  remain  about $      280,000.00 


$439,348.19 


In  making  the  above  balance,  the  Comptroller  esti- 
mated all  the  appropriations  that  might,  probably 
be  made,  at  the  present  session,  as  all  heretofore 
made,  of  which  at  least  $30,000  will  never  be  used. 
He  also  estimated  that  it  would  require  about  $225,- 
000  to  pay  the  outstanding  public  debt  of  the  Re- 
public, which  is  believed  to  be  over  estimated,  at 
least  $70,000.     Deduct,  then,  .two  accounts,  and  the  , 

balance  in  the  Treasury  will  be  increased 100,000.00 


Money  in  Treasury,  June  30,   1859 $539,348.19 

EXHIBIT   B. 
JOINT  RESOLUTION  Proposing  an  Amendment  to  the  -Constitution: 
Be  it  resolved — ty  the  Legislature  of  the  State  of  Texas: 

That  the  following  be  and  the  same  is  hereby  proposed  as  an 
amendment  to  the  Constitution  of  the  State  of  Texas,  which  when 
ratified,  in  the  manner  described  by  the  thirty-seventh  section  of  the 
seventh  article  of  said  constitution,  shall  be  valid  'to  all  intents  and 
purposes,  as  a  part  of  said  constitution. 

The  third  section  of  the  tenth  Article  of  the  Constitution  of  the 
State  of  Texas  shall  be  amended,  so  that  it  shall  read  as  follows,  viz: 

Sec.  3.  The  public  lands  that  have  been  heretofore  or  that  may 
hereafter  be  granted  for  public  schools,  to  the  various  counties,  or 
other  political  divisions,  of  the  State;  and  the  public  lands  that  have 
been  or  may  hereafter  be  appropriated  for  a  State  University,  shall 
not  be  alienated  in  any  other  manner  than  by  a  sale  at  public  auc- 
tion, to  the  highest  bidder,  at  not  less  than  a  minimum  price,  to  be 
established  by  the  Legislature,  which  minimum  price  shall  not  be 
established  at  less  than  one  dollar  an  acre. 

[In    the  passage  of  this  joint  resolution    through    the   Hon-,', 
Journal  shows  no  reference  to  the  University.     It  originated  in   the    Ihui-e 
NTovertlber   r..   ]s57,  with    reference  only   to  county   school   Lands.      The  joint 
resolution  passed,  but  there  was  a  minority  report  against  it  applicable  to 
the  University  lands  as  well  as  the  county  school  lands.] 

S.  J.  pp.  350,  493,  575,  601,  629,  630,  633,  635;  H.  J.  pp.  19, 
158,  159,  468,  483,  512,,  525,  541,  603,  654,  806,  891,  892.  899,  902. 


86  University  of  Texas  Bulletin 

Saturday  January  16,  1858;  S.  J.,  p.  351 

A  bill  to  establish  the  University  of  Texas,  read  first  time. 

On  motion  of  Mr.  Wigfall,  the  rule  was  suspended,  bill  read 
second  time,  and  made  the  special  order  for  Tuesday  next,  the 
19th  inst. 

Tuesday,  January  1»,  1858;  S.  J.,  pp.  364-365 

A  bill  to  establish  the  University  of  Texas,  special  order  for  to-day 
was   read. 

Mr.  Lott  moved  to  postpone  the  bill  until  Monday  next,  and  that 
it  be  printed. 

On  motion  of  Mr.  Herbert,  the  motion  wasdaid     on  the  table. 

Mr.  Throckmorton  moved  to  amend  by  striking  out  "five,"  in 
fourteenth    line   of    Section    2,    and    inserting    "ten." 

Mr.  Paschal  moved  to  lay  the  amendment  on  the  table;  lost  by 
the   following   vote.  «. 

Yeas — Messrs.  Caldwell,  Erath,  Herbert,  McCulloch,  Maverick, 
Paschal,  Pirkey,  Potter,  Quinan,  Shepard,  Stockdale,  Taylor  of 
Fannin   and    Wigfall — 13. 

Nays — Messrs.  Britton,  Burroughs,  Fall,  Graham,  Guinn,  Lott, 
Martin,  Russell,  Taylor  of  Cass,  Throckmorton,  Truitt,  Walker, 
Waley,  and  Wren — 14. 

The  amendment  was  then   adopted   by   the   following  vote: 

Yeas — Messrs.  Britton,  Burroughs,  Fall,  Graham,  Grimes,  Guinn 
Lott,  Martin,  Russell,  Taylor,  of  Cass,  Throckmorton,  Truitt,  Walk- 
er,  Whaley   and    Wren — 15. 

Nays — Messrs.  Caldwell,  Erath,  Herbert,  Hyde,  McCulloch,  Mav- 
erick, Paschal,  Pirkey,  Potter,  Quinan,  Shepard,  Stockdale,  Taylor, 
of  Fannin,  and  Wigfall — 13. 

Mr.    Taylor   of   Cass  offered  the   following   as   an   amendment. 

Provided,  that  the  said  University  shall  be  located  between  the 
Brazos   and    Trinity    rivers. 

On  motion  of  Mr.  McCulloch,  laid  on  the  table  by  the  following 
vote: 

Yeas — Messrs.  Britton,  Caldwell,  Erath,  Graham,  Grimes,  Her- 
bert, Hyde,  Lott,  McCulloch,  Maverick,  Paschal,  Pirkey,  Potter, 
Quinan,  Shepard,  Stockdale,  Taylor  of  Fannin,  Throckmorton, 
and   Wigfall — 19. 

Nays — Messrs.  Burroughs,  Fall,  Guinn,  Martin,  Russell,  Taylor,  of 
Cass,   Truitt,    Whaley    and   Wren — 9. 

The  bill  was  then  ordered   to   be  engrossed. 

Wednesday,  January  2<>,  185.S;  S.  J.,  p.  866;  S.  J.,  p.  369-370 

Mr.  Russell,  chairman  of  the  committee  on  Engrossed  Bills,  re- 
ported. 


A  Source  Book  of  the  University  of  Texas  87 

A  bill  to  establish  the  University  of  Texas. 

On  motion  of  Mr.  Potter,  the  rules  were  suspended,  and  a  bill 
to  establish  the  Texas  University  was  taken  up  and  read  third  time. 

On  motion  of  Mr.  Potter,  the  bill  was  amended  by  adding: 

Section  15.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

The  bill  was  then  passed. 

Monday,  February  8,  1858;  S.  J.  p.  562 

A  message  was  received  from  the  House  informing  the  Senate 
that  the  House  had  passed — 

A  bill  to  establish  the  University  of  Texas. 

Tuesday,  February  9,  1858;   S.  J.  p.  571 

Mr.  Burroughs,  from  the  committee  on  Enrolled  Bills,  reported 
the  following  bill  correctly  enrolled,  properly  signed  and  this  day 
presented  to  the  Governor. 

A  bill  to  establish  the  University  of  Texas. 

Wednesday,  February  10,  1858;  S.  J.,  p.  578 

Mr.  Taylor  of  Fannin,  introduced  a  bill  to  locate  the  State  Uni- 
versity, and 

Mr.  Caldwell  introduced  a  bill  to  locate  the  University  of  Texas, 
which  were  read  first  and  second  times  and  referred  to  the  Com- 
mittee on  State  Affairs. 

[The  following  pages,  87  to  170,  are  from  the 

State  Gazette  Appendix,  Vol.  2,  1858 

which  supplements  the  Journals  of  the  Seventh  Legislature.] 

House,  Wednesday,  November  11,   1857,  pp.  4-5 

Reports — State  University: 

After  various  petitions  had  been  read  and  referred, 
Mr.  Kittrell,  chairman  of  committee  on  Education,  made  the  fol- 
lowing report:      [See  p.  66  for  text  of  this  report.] 

Mb.  Kittrell  said: — Mr,  Speaker,  my  object  in  rising  at  this  time 
is  simply  to  call  the  attention  of  the  House  to  the  objects  em- 
braced in  that  report.  If  I  can  succeed  in  obtaining  for  it  a  careful 
hearing,   I   will   trust   to  the  liberality   of   the   Legislature   for   the 


88  University  of  Texas  Bulletin 

result.  I  have  not  now,  sir,  the  the  remotest  intention  of  inflicting  a 
speech  on  the  House.  Whilst  the  importance  of  the  subject  of  a 
State  University  would  justify  such  an  attempt  on  my  part,  yet  the 
feeble  state  of  my  health,  the  shattered  condition  of  my  lungs, 
especially,  precludes  such  a  thing  at  present.  I  must,  however, 
be  permitted  to  say;  that  this  perhaps  is  a  measure  fraught  with 
as  much  interest  to  the  State  of  Texas  as  any  other  which  will 
engage  our  attention  at  the  present  session. 

There  is  none  which  commends  itself  more  strongly  to  the  patri- 
otism of  the  members  of  this  House,  and  none  which  at  present 
engages  a  larger  share  of  public  attention.  It  is  one  we  should 
consider  calmly  and  carefully  on  its  merits,  divesting  ourselves  of 
all  sectional  feelings  which  may  prove  hurtful  of  this  measure.  This 
is  not  a  local  measure,  but  one  of  general  interest.  My  object  in 
calling  the  intention  of  the  House  thus  early  to  the  subject  is  that 
it  may  be  placed  in  the  front  rank  of  the  business  of  the  session, 
in  order  that  time  may  be  allowed  to  perfect  a  scheme  suitable 
in  all  its  details  to  the  wants  and  dignity  of  the  State,  if  it  shall 
be  the  pleasure  of  the  Legislature  to  entertain  the  proposition  fav- 
orably now.  Another  reason  for  prompt  and  immediate  action  is, 
I  have  just  learned  that  the  Senate's  Committee  have  this  morning 
taken  action  on  this  question,  and  have  decided  to  recommend  a 
liberal  appropriation  in  land  and  money  to  this  object,  and  we  wish 
some  definite  action  here,  in  order  to  enable  the  two  committees  to 
have  a  consultation  and  some  concert  of  action. 

Mr.  Jennings  : — As  I  belong  to  that  committee,  and  it  was  not 
my  fortune  to  have  been  notified  of  the  time  of  meeting,  and  con- 
sequently I  was  not  present  when  this  subject  was  under  consid- 
eration, it  affords  me  great  pleasure  to  express  my  full  concurrence 
in  the  remarks  of  its  accomplished  chairman.  I  will  add  another 
word,  or  two,  because  I  think  it  may  be  necessary,  in  order  to  re- 
move some  misunderstanding  or  misapprehension  which  may  pos- 
sibly exist  in  the  minds  of  some  gentlemen. 

I  understand  that  a  University  includes  all  the  colleges  or  depart- 
ments— law,  medicine  and  literature.  And  now,  sir,  I  am  willing 
to  show  my  hand  thus  early  in  regard  to  the  location  of  the  differ- 
ent branches  or  departments  of  our  State  University,  because  I  want 
members  to  think  about  this  matter.  I  am  so  certain  that  I  enter- 
tain correct  views  in  relation  to  the  subject,  that  I  do  not  hesitate 
to  throw  them  out  here  now. 

I  think  I  may  say  without  any  sort  of  hesitation,  that  there  are 
but  two  places  in  the  State  of  Texas,  where  we  could  establish  the 
Medical  Department  with  a  reasonable  hope  of  efficiency,  and  those 


A  Source  Book  of  tin    University  of  Texas  89 

two  places  are  Galveston  and  Houston.  They  are  far  remote  from 
me,  and  my  impartiality  in  saying  this,  should  any  one  be  disposed 
to  charge  me  with  a  sectional  bias,  cannot  be  assailed  in  the  slight- 
est degree.  This  is  so,  because  without  a  good  number  of  subjects, 
and  without  hospital  practice,  it  would  be  a  vain  effort  to  undertake 
to  teach  the  art  and  science  of  medicine.  I  entertain  as  little  doubt 
that,  as  this  city  is  the  headquarters  of  the  law — the  seat  of  the 
Legislature  and  of  the  Supreme  Court — and  offers  the  best  facili- 
ties for  improvement  in  that  branch,  the  Law  Department  ought 
to  be  here.  And  I  entertain  as  little  doubt  that  the  Literary  De- 
partment ought  not  to  be  here.  I  have  three  sons,  Mr.  Speaker, 
and,  I  say  it  in  the  presence  of  God  and  my  country,  that  I  would 
let  them  be  uneducated  stockraisers  or  muledrivers  before,  in  the 
effort  to  become  well  educated,  they  should  learn  the  accomplish- 
ments of  Congress  avenue.  I  want  the  Literary  Department  of  our 
University  fixed  on  some  virgin  league  of  land,  in  a  well-timbered, 
well-watered  and  healthful  locality,  where  the  population  of  the 
surrounding  country  is,  and  is  likely  to  remain  the  most  dense,  thus 
accommodating  the  great  number  by  a  residence  near  the  seat  of 
learning.  I  would  desire  this  league  of  land  to  be  purchased  by 
the  State,  and,  after  reserving  a  sufficient  quantity  for  the  college 
purposes,  that  the  residue  be  sold  out  in  lots  of  suitable  size,  with 
condition  of  forfeiture  if  tippling  or  gaming  establishments  be  con- 
ducted on  them. 

Mr.  Chilton  said: — As  there  was  a  number  of  members  of  the 
committee  who  were  not  present  when  this  report  was  adopted,  and 
there  were  some  who  entertained  different  views  in  relation  to  the 
subject,  he  would  move  a  postponement  of  its  consideration  to  Mon- 
day next. 

On  motion  of  Mr.  Chilton,  made  the  special  order  for  11  o'clock 
A.  M.  Monday  next. 

House,  November  16,   1857,  p.  9 

Reports — Kittrell,  Chairman  of  the  committee  on  Education,  re- 
ported a  bill  to  incorporate  Colorado  College,  in  Colorado  county. 
Chilton,  from  the  Committee  on  Education  presented  a  minority 
report  recommending  the  endowment  of  two  Universities. 

House,  Novembr  19,  1857,  p.  12 

Kittrell,  Chirman  of  the  committee  on  Education,  made  the 
following  report: 

Hon.  W.  8.  Taylor,  Speaker  of  the  House  of  Representatives: 

Sir: — The  committee  on  Education,  to  whom  was  referred  the 
resolution  enquiring  into  the  expediency  of  establishing  somewhere 


90  University  <>[  Texas  Bulletin 

on  our  coast,  by  the  joint  effort  of  individual  and  State  aid,  a  Col- 
lege or  institution  for  the  purpose  of  teaching  the  youths  of  the 
country  the  science  of  Navigation  and  Civil  Engineering,  and  the 
arts  of  Ship  building  and  mechanics  generally,  have  duly  consid- 
ered the  same,  and  have  instructed  me  to  say  that,  while  an  insti- 
tution of  the  kind  proposed,  if  it  could  be  put  in  successful  oper- 
ation, might  be  of  much  service  to  Texas,  yet  they  doubt  whether, 
in  the  present  imperfect  and  unfinished  condition  of  our  educational 
system,  it  would  be  prudent  for  the  State  to  engage  in  such  an 
enterprise.  They  deem  it  more  legitimately  (if  necessary  at  all) 
one  of  private  enterprise.  They  would  suggest,  if  the  plan  now 
contemplated  for  establishing  a  State  University  be  carried  out, 
that  the  theory  of  the  branches  proposed  in  the  resolution  of  in- 
quiry before  them,  will  of  course  be  taught  in  said  institution,  and 
other  literary  institutions  of  a  high  grade  in  the  State,  and  of 
course  the  purposes  of  such  an  institution  will  be  to  some  extent 
accomplished.  The  practical  part  of  the  branches  of  education 
sought  to  be  established  by  such  a  school,  will  have  to  be  learned 
in  the  work-shop  and  on  the  high  seas  practically.  Your  committee 
are  of  the  opinion  that  in  view  of  these  facts,  it  is  unnecessary  for 
the  State  to  engage  in  such  an  enterprise  at  present,  but  should  it  be 
originated  by  private  enterprise,  and  prove  of  that  practical  benefit 
contemplated  by  its  friends,  then  it  will  be  proper  for  the  State 
to  render  such  raid,  and  take  such  inteest  in  it  as  her  wants  or 
necessities  may  dictate. 

P.  W.  KITTRELL,  Chairman. 

On  motion,  report  taken  up  and  adopted. 

House,  Xovember  23,  1857;  pp.  16-20 

University. 

The  report  of  the  committee  on  Education,  in  relation  to  the 
creation  of  one  or  more  State  Universities,  being  the  special  order 
of  the  day,  was  taken  up. 

Mb.  Mi  rbah  discussed  the  subject  at  some  length.  (His  remarks 
will  follow  hereafter. — Reporter.) 

After  a  few  remarks  by  Mr.  Munson. 

Me.  Kittkell  said: — Occupying  the  position  I  do  in  reference  to 
this  question.  Having  been  the  author  of  the  report  and  resolution 
now  before  us,  under  the  instructions  of  a  large  majority  of  the 
very  intelligent  committee  on  Education,  of  which  I  have  control, 
it  will  probably  be  expected  of  me  that  I  should  say  something  in 
defense  of  the  action  of  the  committee.  This  is,  indeed,  the  more 
necessary  from  the  fact  that  it  is  meeting  with  more  opposition 
than  was  anticipated. 


A  Source  Book  of  th<   University  of  Texas  91 

In  the  discussion  of  this  question,  I  will  endeavor  to  confine 
myself  to  the  two  preliminary  points  embraced  in  the  report, 
namely:  whether  it  is  the  sense  of  the  present  Legislature  to  estab- 
lish a  State  University  at  this  session,  and  if  so,  whether  we  will 
decide  to  have  one  or  two.  You  will  remember,  sir,  that  the  report 
before  us  states,  that  ,'in  view  of  the  trouble  and  difficulty  in 
maturing  and  digesting  a  plan  for  an  University  in  all  its  details, 
your  committee  thought  it  best  to  confine  itself  to  these  two  pre- 
liminary points,"  and  I  regret,  sir,  that  gentlemen  in  opposition  to 
this  measure,  especially  those  in  favor  of  the  scheme  for  two  uni- 
versities, should  have  allowed  themselves  such  latitude  in  debate, 
should  have  embraced  in  their  remarks  points  not  now  legitimately 
before  us.  Like  the  gentleman  from  Harrison,  who  has  just  taken 
his  seat,  (Mr.  Murrah),  I  was  surprised  to  see  the  silent  vote  taken 
just  now,  on  a  question  of  so  much  importance.  Nor  should  the 
vote,  have  been  a  silent  one,  but  for  the  reasons,  that  I  saw  an 
uncommon  unanimity  in  favor  of  the  adoption  of  the  resolution 
accompanying  the  report,  which  is  justly  regarded  as  a  test  of  the 
sense  of  the  House  touching  the  main  question,  viz:  whether  we 
will,  at  this  session,  engage  in  this  enterprise  at  all.  Here,  &'\v, 
I  would  have  been  willing  to  let  the  matter  rest  for  the  present, 
until  the  committees  of  the  two  houses,  on  joint  consultation,  could 
have  devised  and  agreed  on  a  plan,  and  the  ways  and  means  neces- 
sary to  carry  into  effect  the  almost  unanimous  wish  of  the  rep- 
resentatives of  the  people,  as  just  now  expressed  by  their  vote. 

But  as  gentlemen  have  seen  fit  to  revive  it  by  a  motion  to  recon- 
sider, in  order  that  it  may  undergo  the  ordeal  of  discussion,  I  trust 
the  question  will  be  met  fairly  and  frankly,  that  gentlemen  will 
divest  themselves  of  all  local,  sectional,  or  selfish  considerations 
in  its  examination.  Like  the  gentleman  from  Harrison,  I  wish 
to  view  it  practically.  It  is  a  practical  question,  one  which  com- 
mends itself,  in  the  language  of  the  report,  "not  only  to  our  careful 
consideration,  but  strongly  to  our  patriotism."  It  presents  itself 
to  us  as  a  great  question  of  State  policy;  one,  I  think,  sir.  that  yoi\ 
that  this  House  will  agree  with  me  when  I  say,  it  is  fraught  with 
interests  as  immense  to  the  future  welfare  and  prosperity  of  Texas. 
as  any  that  can  possibly  command  the  attention  of  the  Legislature 
at  this  session.  And  I  am  happy,  here  in  my  place,  to  be  able  to 
enunciate  the  pleasing  truth,  that  from  my  intercourse  with  my 
fellow  members  since  1  have  been  here,  of  both  bodies,  I  have  found 
but  little  opposition  to  this  enterprise;  but,  on  the  other  hand,  a 
commendable  spirit  of  liberality,  which  augurs  well  for  its  suc- 
cess. 

This  fact,  sir,  renders  a  formal  and  lengthy  defense  of  the  action 
of  the  committee,   as  to   the   main    point   at   issue,   unnecessary.      A 


92  I  niversity  of  Texas  Bulletin 

bare  statement  of  the  reasons,  without  comment,  which  led  your 
committee  to  a  favorable  conclusion  touching  this  matter,  is  all 
tli.it  seems  to  be  required. 

Your  committee,  sir,  deemed  this  a  period  eminently  propitious 
for  engaging  in  this  enterprise.  First,  because  of  the  ability  of 
the  State  to  do  so.  We  have  still  in  our  coffers  an  unexpended 
balance  of  the  U.  S.  'five  per  cent,  bonds  not  called  for  or 
needed  for  any  other  purpose  save  the  one  under  consideration. 
That  sum,  say  near  half  a  million,  is  being  constantly  frittered 
away  in  visionary  schemes  of  wild  experiment  and  speculation, 
which  have  marked  the  character  of  our  legislation  ever  since  we 
have  had  a  surplus  in  the  treasury,  and  soon  it  will  be  exhausted. 
Then  sir,  these  great  and  necessary  State  enterprises,  if  carried 
on  at  all,  will  have  to  be  done  by  money  drawn  directly  from  the 
people's  pockets,  which  will  defeat  the  whole  scheme,  or  so  cripple 
anil  limit  its  operations  and  benefits,  as  to  amount  to  almost  a 
total    destruction    of    the    advantages    of   the    mlasure. 

Your  committee,  sir,  secondly,  believed,  that  in  addition  to  the 
reasons  just  urged,  the  time  has  arrived  for  engaging  in  this  pro- 
ject; from  the  fact  that  our  vast  area,  which  trebles  that  of  the 
whole  of  New  England,  and  is  four  times  as  large  as  that  of  any  other 
State  in  the  Union,  is  now  rapidly'  filling  up  by  an  influx  of  popula- 
tion from  the  older  States,  and  the  old  world,  where  they  have  been 
accusomed  to  the  advantages  such  an  institution  dispenses  as  the  one 
under  consideration.  Besides,  they  believe  there  are  hundreds  of 
others  of  wealth  and  influence,  waiting  to  see  Texas  carry  out  that 
great  educational  system  contemplated  by  the  founders  of  our 
country,-  and  for  which  they  made  such  munificent  provision.  They 
are  waiting  to  see  such  schools  here  as  will  enable  them  to  educate 
thoroughly  their  children,  without  being  compelled  to  send  them 
abroad  to  be  educated.  This  being  done,  they  will  cast  their  lots 
among  us,  and  by  their  wealth,  numbers  and  intelligence,  will 
enhance  the  interests,  and  aid  in  developing  the  vast  resources  of 
Texas. 

Your  committee,  then,  sir,  in  view  of  the  fact  that  we  have  the 
means,  without  taking  a  cent  from  the  people,  and  for  the  other 
reasons  that  have  been  mentioned,  and  many  others  that  could 
be  urged,  did  any  dissension  on  this  point  render  it  necessary,  had 
no  hesitation  in  recommending  this  measure  to  the  favorable  action 
of  the  Legislature. 

But,  sir,  I  regret  to  see  that  on  the  second  point  in  the  report 
of  the  committee  there  should  exist  a  difference  of  opinion,  which, 
if  persisted  in,  may  seriously  prejudice  this  whole  measure,  if  not 
wholly  defeat  it.  My  apprehensions  of  this  result  would  be  much 
greater,   did   1  not   know  that   the  opposition  comes  from  educated. 


A  Source  Book  of  the  University  of  Texas  93 

enlightened  and  liberal  gentlemen,  who  are  heartily  in  favor  of  the 
main   scheme   proposed   by   your   committee.      Gentlemen   who   have 
had  the  benefits  of  the  lights  of  science  and  education  themselves, 
are   willing,   nay,   anxious   that   those   benefits   should   be   dispensed, 
by  some  well-directed   and  efficient  system  of  education,  to  the  re- 
motest  corner   of  our   State,   and   to   the   humblest   child   of   genius, 
poverty  or  misfortune,    within   her   borders.      I   speak  not  this,   sir, 
in   a  spirit  of  flattery  or   adulation.      I   deal   not   in   such   language. 
But  I  do  know  of  this  class  are  my  friends  from  Smith  and  Harrison, 
for   I    have   known   them    long.      And   on   this   account   I    regret   the 
more  that  I  should  be  called  on  to  differ  from  them  in  any  respect 
touching   this    question.      But    I    must   be   permitted   to    say,    that   I 
think  that  the  gentleman  from  Harrison  attaches  too  much  import- 
ance   to    minor    considerations,    as    connected    with    the    two    points 
now  before  us.     Indeed,  sir,  I  regret  that  in  his  remarks  he  traveled 
out   of   the   record,   and    discussed   the   question    of    locality,   which   is 
not  now  properly  before  us.     That  is  one  for  future  consideration, 
should  the  Legislature  decide  favorably  on  the  main  question,   and 
one.  too,  I  am  fearful  will  give  us  much  trouble;  and  as  "sufficient 
to  the  day  is  the  evil  thereof."     I  was  opposed  to  any  allusion  to  that 
question  at  this  time.     But  as  he  has  deemed  it  legitimate,  and  has 
been   indulged   in   the   latitude   by   the   House,   it   may   be   necessary 
to  notice  his  arguments,  lest  they  may  exert  some  undue  and  inju- 
rious influence  on  the  main   question   in  issue.      From   the  guarded 
and   cautious  manner  of  the  gentleman's  argument,  it  was  difficult 
to  tell  whether  he  intended  to  hold  the  question  of  locality  as  para- 
mount   to    all    other    consideration..     I    believe    he    did    not    directly 
advocate  the  erection  of  tw^o   universities,  one  in  the  East  and  the 
other  in  the  West,  but  the  legitimate  inference  from  what  he  said 
is,    that   should    we    decide    to   have    an    university,    and    its    locality 
don't  suit  him,  he   will  then   be  in  favor   of   two,   or  of  submitting 
the   whole   scheme  'to   the   people.      His   argument,    sir,    embraced   a 
learned  dissertation  on  climate,  water,  etc,  etc.,  as  connected  with 
health.      In   doing  so,   I   must   think  he   has   drawn   largely   on   his 
fancy,   that  he  is  much  more  competent  to  solve  a  knotty  question 
in  law,  than  to  give  a  lecture  on  Hygiene.     From  the  practice  of  the 
medical    profession    for    upwards    of    twenty    years,    I    think    I    may 
claim,  without  arrogating  to  myself  a  great  deal,  at  least  an  equal 
knowledge   of  these  things  with   my  friend   from   Harrison;    and   in 
so   doing,   I   must   say   he   has   given   undue  importance   to   subjects 
mentioned   in   his   argument,   the   whole   of   which   seems   predicated 
on    the    idea   that   a   timbered    country    is    healthier    than    a    prairie 
country,  and  that  the  water  in  a  timbered  country  is  healthier  than 
prairie  water.      Tlie  gentleman's  premises  are   wrong,   consequently 
his    deductions    must   be   so.      If   he    will   take   the   pains   to   collect 


!>l  University  of  Texas  Bulletin 

some  health  statistics,  he  will  find  the  result  greatly  in  favor  of  a 
prairie  country.  I  speak,  sir,  not  from  obseration,  but  from  expe- 
rience. I  have  tried  both  conditions  since  I  have  been  in  Texas, 
and  my  conclusions  are  greatly  in  favor  of  a  prairie  country  for 
health.  I  am  informed  that  for  the  time  Rutersville  College  has 
been  in  operation,  thirteen  hundred  boys  have  been  educated  there, 
and  there  has  been  but  one  death.  The  Hon.  Forbes  Britton,  of  the 
Senate,  who  is  an  enducated  and  intelliegnt  man,  says  that  the 
United  States  army  has  never  enjoyed  such  health  as  when  lying 
on  the  prairies  of  Texas,  and  drinking  the  great  variety  of  waters 
which  we  find  there.  These  being  the  facts,  the  argument  in  favor 
of  locality  is  decidedly  in  favor  of  a  prairie  locality.  I  think  the 
gentleman  will  concede  that  many  parts  of  Eastern  Texas  are 
sickiy.  Chills  and  fevers  are  a  staple  commodity  in  many. parts; 
and  as  for  the  dreaded  northers  from  which  he  seems  to  shrink 
with  so  much  horror — why,  sir,  he  lives  near  where  they  come  from, 
some  three  hundred  miles  north  of  this,  where  they  spend  half 
their  fury  before  they  reach  here.  But,  sir,  all  of  this  will  be  more 
appropriate  when  we  come  to  argue  the  question  of  location. 

I  will  not  pay  my  respects  to  my  friend  from  Smith,  (Mr.  Chil- 
ton) who  may  justly  be  regarded  as  the  champion  of  the  two  uni- 
versity scheme,  for  he  openly  avows  it.  A  lengthy  argument  in  reply 
to  his  notions  touching  this  point,  I  deem  unnecessary  at  this  time, 
for  we  had  occasion  to  shiver  a  lance  a  few  days  since  on  this  point. 
He  then  furnished  me  with  all  the  arguments  necessary  to  fortify 
me  in  my  opposition  to  the  scheme  of  two  universities,  by  admit- 
ting all  of  my  premises,  for  which  I  then  took  occasion  to  tender 
him  my  acknowledgements.  I  would  then  ask,  are  we  prepared,  by 
pandering  to  a  sectional  jealousy,  or  a  misconception  of  sectional 
interests,  to  divide  and  fritter  away  the  means  which  we  have  to 
enable  us  successfully  to  carry  out  this  enterprise,  provided  we  ju- 
diciously use  and  concentrate  those  means.  Common  sense  will 
teach  us  that  it  will  take  just  twice  as  much  to  get  up  and  sustain 
two  institutions  of  the  kind  under  consideration  as  it  will  one. 
Besides,  as  the  gentleman  from  Smith  admits,  the  idea  of  two 
universities  in  one  State  is  an  anomaly  in  the  history  of  States, 
and  of  their  literature.  Why,  then,  should  Texas  be  made  an  ex- 
ception? There  is  nothing  peculiar  in  her  condition  or  institu- 
tions requiring  it.  The  gentleman  admits  that  there  is  a  spirit 
rife,  and  increasing  in  our  State,  alienating  one  section  from  the 
other,  and  tending  strongly  to  a  division  of  the  State.  Then  why, 
sir,  encourage  and  foster  a  scheme  admitted  to  be  pregnant  with 
consequences  which  result  so  disastrously  to  Texas? 

The  gentleman  from  Smith  falls  into  the  same  errors  as  to  cli- 
mate, and  water,  and   such  things  as  these,  that  marked  the  argu- 


A  Source  Book  of  the  University  of,  Texas  95 

ments  of  the  gentleman  from  Harrison.  I  must,  sir,  insist  that 
these  are  minor  considerations,  when  contrasted  with  the  main 
question.  Then  why  should  they  cling  to  them  with  such  perti- 
nacity, even  at  the  risk  of  defeating  the  main  question?  They 
seem  to  forget  the  practical  effect  of  their  arguments.  They  seem 
to  forget  that  we  have  now  two  hundred  youths  of  Texas  being  edu- 
cated in  Northern  schools,  where  the  climate  is  much  more  rig- 
orous than  ours,  where  they  are  much  more  liable  to  contract  dis- 
eases inimical  to  health  than  here.  And  more  than  that,  where 
their  young  and  plastic  minds  imperceptibly  imbibe  sentiments  and 
feelings  hostile  to  our  Southern  institutions  and  principles.  Yes, 
sir,  the  money  which  is  annually  expended  out  of  our  State,  in  the 
education  of  her  youth,  would  soon  endow  all  the  professorships 
in  the  colleges  of  the  State.  Then,  sir,  away  with  those  minor 
objections.  One  great  State  university  is  imperatively  demanded. 
Public  necessity  and  public  sentiment  alike  demand  it.  It  is  im- 
possible, in  a  State  having  a  territory  so  vast  as  ours,  with  an  area 
seven  times  as  large  as  that  of  Pennsylvania,  with  every  possible 
variety  of,  soil  and  climate  and  population,  water,  etc — I  say  it 
is  impossible  to  devis-e  any  plan  by  which  everyv  part  of  the  State 
can  be  accommodated  in  regard  of  those  things.  Then,  I  say,  the 
question  of  locality  should  be  held  in  abeyance  at  this  time. 

But,  sir,  I  am  afraid  I  have  consumed  too  much  time  on  this 
point.  I  am  satisfied,  from  my  intercourse  with  my  fellow  mem- 
bers in  this  House,  that  there  are  not  more  than  half  a  dozen  who 
favor  the  wild  Utopian  scheme  of  two  universities.  I  think  there 
is  a  generous  and  healthful  spirit  in  this  legislature,  which  will 
prompt  them  to  come  forward  on  this  question,  and  sacrifice  their 
local  and  sectional  feelings  on  the  common  altar  of  their  country's 
good.  I  believe,  sir,  that  even  my  friends  from  Harrison  and 
Smith  will  be  found  so  doing  in  the  finale  of  this  matter.  They 
seem  to  affect  a  great  contempt  for  dollars  and  cents,  in  carry- 
ing out  this  enterprise;  but  I  can  tell  them  we  may  indulge  here 
in  high-sounding  phrases,  in  beautiful  and  well-rounded  periods, 
but  when  we  come  to  reduce  an  enterprise  of  this  kind  to  prac- 
tice, "dollars  and  cents  are  a  sine  qua  non."  Without  them,  sad 
experience  has  taught  us  that  all  public  enterprises  languish  and 
die.  Dollars  and  cents  are  the  Prospero's  wand  which  must  bring 
them  into  existence.  We  may  light  up  and  warm  those  institutions 
with  gas  after  they  are  completed,  but,  sir,  we  cannot  build  them 
with  gas. 

But,  sir,  I  must  close.     The  interest  which  I  have  felt  in  this  mat- 
ter,  has  led  me  to  trespass  too  long  on  the  time  and  patient 
this  House.  '  And  whilst  I   tender  them   my   apology   for   the 
I   at   the   same   time   tender   them   my   kindest   thanks    for   their   re- 


96  University   of  Texas  Bulletin 

Bpectfu]  and  patient  attention.  In  conclusion,  I  must  felicitate 
myself,  and  my  friends  from  Harrison  and  Smith,  that  we  can 
meet  on  one  common  ground;  that  is,  in  our  appreciation  of  the 
great  enterprise  under  consideration,  and  of  the  benefits  and  bless- 
ings of  education  generally.  Like  them,  sir,  and  a  great  majority 
of  this  House,  I  have  come  here,  and  made  this  State  the  home  of 
my  adoption.  I  have  identified  my  interests  with  the  rising  and 
growing  interests  of  Texas.  I  have  no  other  interests  to  consult. 
And  if  there  is  any  one  thing  in  which  I  feel  a  greater  concern  than 
another,  it  is  in  the  diffusion  of  knowledge  over  my  adopted  State. 
And  I  regard  the  measure  now  under  consideration,  as  the  climax 
of  that  great  educational  system  which  I  am  proud  to  say  it  seems 
to  be  the  pleasure  of  the  people  of  Texas  to  establish. 

.Mr.  Speaker,  unlike  my  friend  from  Harrison,  I  have  sons  to 
educate.  I  have-  boys,  and  I  think  them  sprightly  boys.  I  desire 
to  educate  them  in  Texas,  and  I  want  institutions  here  at  home, 
in  which  I  can  give  them  a  thorough,  a  finished  education.  So  that, 
like  the  mother  of  the  Gracchi,  I  may  be  enabled  to  point  to  them 
and  in  the  pride  of  my  heart,  say,  "these  are  my  jewels."^  Yes,  sir, 
when  these  limbs  of  mine  shall  totter  from  the  infirmities  of. age, 
I  want  to  lean  upon  my  boys,  and  be  enabled,  in  the  fullness  of  a 
joyous  heart  to  say,  these  are  Texas  made,  Texas  reared  and  Texas 
educated;  and  when  I  send  them  forth  to  fight  the  great  battle 
of  life,  wherever  they  may  roam  over  the  wide  expanse  of  our  beau- 
tiful State — whether  they  look  down  from  the  rich  luxuriance 
of  her  wide  prairies  and  beautiful  valleys,  I  want  them,  with  pride 
and  exultation,  in  the  language  of  Scotia's  favorite  bard,  to  be 
enabled  to  say,  "this  is  my  own,  my  native  land."  Yes,  sir,  I 
want  this  Mecca  of  science  reared,  to  which  they,  and  their  children, 
and  children's  children,  may  make  their  annual  pilgrimages,  and 
point  to  her  moss-covered  walls,  her  lofty  domes  and  towering 
spires,  and  say,  there  is  my  alma  mater — there,  too,  my  fathers 
imbibed  that  rich  lore,  which  has  flitted  them  to  fill  well  their  sta- 
tions in  life,  and  to  hand  down  an  useful  and  honorable  name  to 
posterity. 

I  have  done,  sir,  I  hope  this  bill  will  pass. 

Mb.  Chilton:  But  for  the  shape  which  this  discussion  has  as- 
sumed on  its  renewal  to-day,  I  should  have  contented  myself  with 
the  remarks  I  made  a  few  days  since,  without  addressing  the  Hous« 
further  on  the  subject;  but  allusions  have  been  made,  which,  if  un- 
explained may  have  a  tendency  to  place  me  in  a  false  position,  not 
only  before  the  country,  but  in  the  eyes  of  those  who  heard  my  pre- 
vous  remarks.  I  am  glad,  as  it  is,  that  gentlemen  who  are  taking 
opposite  position,    here   upon   this   question,    know    me   well   enough. 


A  Source  Book  of  the  University  of  Texas  97 

to  know  that  I  am  a  zealous  advocate  of  the  general  policy  indi- 
cated by  the  majority  report  of  the  committee. 

I  am  in  favor  of  organizing  a  vigorous  and  thorough  system  of 
education  in  our  State. 

In  saying  that  there  was  a  growing  spirit  of  alienation  amongst 
us,  I  did  not  make  special  reference  to  the  sections  of  the  country 
represented  by  the  gentlemen  from  Harrison,  Madison,  or  Brazoria, 
nor  did  I  intimate  any  sympathy  with  such  a  spirit  on  my  own 
part.  I  only  spoke  what  I  know  to  be  the  fact,  with  reference 
to  every  section  of  the  State — I  know  that  such  a  spirit  does  exist. 
And  I  must  be  excused  for  cautioning  members  here  to-day  against 
indulging  in  any  course  of  action  which  would  fan  the  spark,  which 
now  lies  smouldering  beneath  the  surface  into  a  consuming  flame. 
I  say  here  to-day,  in  all  candor,  that  the  desire  to  crush  out  this 
spirit  of  discord  in  its  incipiency,  was  one  of  the  principal  motives 
which  led  me  to  introduce  the  minority  report,  recommending  two 
State  Unversities.  I  care  not  whether  they  are  called  Colleges  or 
Universities.  I  mean  by  the  term,  places  where  the  youth  of 
the  country  can  receive  a  finished  education.  If  any  objections 
which  gentlemen  may  entertain  can  be  removed  by  substituting 
the  word  College  for  University,  I  would  cheerfully  yield  the  point 
for  the  people  of  the  country  will  understand,  that  when  the  Leg- 
islature of  the  State  of  Texas  has  determined  to  establish  two 
State  Universities  or  Colleges,  it  was  done  for  their  benefit,  and 
for  the  purpose  of  affording  to  both  sections  of  the  State  the  same 
advantages  and  facilities. 

I  have  said,  Mr.  Speaker,  that  there  was  a  spirit  of  alienation 
already  existing.  I  know  it  to  be  a  fact.  And  I  say  it  is  our 
bounden  duty — an  imperative  obligation  is  resting  upon  us  in  the 
position  we  occupy,  by  the  course  we  pursue  on  this  as  on  other 
questions — to  allay  this  hostile  sectional  feeling,  and  lull  the.  rising 
storm   of  dissatisfaction. 

We  occupy  a  position  which  will  enable  us  to  do  that;  and  we 
should  make  use  of  the  opportunity  afforded  us  to  suppress  this 
thing  in  its  infancy,  to  crush  it  out  entirely  and  forever.  And 
how  can  this  be  done?  Sir,  it  can  be  done  by  impressing  it  upon 
the  minds  of  the  masses  throughout  the  country,  thai  those  of  us 
who  come  here  from  far  distant  extremes  of  the  State,  from  the 
Rio  Grande  and  Red  River,  meeting  at  the  centre  in  Travis  county, 
can  and  do  act  together  harmoniously  for  the  benefit  of  every  portion 
of  the  State.  Thus,  sir,  the  necessity  for  a  division  of  the  State, 
which  now  appears  to  their  minds,  or  to  some  of  them,  to  exi.-t, 
will  be  removed,  and  this  feeling  will  become  extinct. 

I  can  see  that  in  the  East  there  as  a  great  restraining  influence 
to  be  brought  to  bear  upon  the  people  there  when  division  is  spoken 
of.      It   is    the    brotherly    regard    which    the    people    of    that   section 

7 — 2  27 


98  University  of  Texas  Bulletin 

entertain  for  those  of  the  western  section  of  the  State,  and  a  fear 
that  a  free  State  might  be  formed  out  of  the  western  portion  of 
our  now  existing  State.  This  may  be  unfounded.  It  certainly  exists. 
If  we  convince  those  people  that  we  have  no  regard  for  their  in- 
terests, this  wholesome,  restraining  influence  may  be  removed. 

The  gentleman  from  Harrison  suggests  that  this  Bill  be  submitted 
to  the  people  for  their  approval  or  rejection.  In  reply  to  that 
proposition,  I  would  simply  say,  that  I  for  one  consider  that  I 
have  been  sent  here  to  legislate  for  my  constituency,  and  I  shall 
oppose  any  proposition  to  submit  a  matter  of  legislation,  not  pro- 
vided for  in  the  Constitution,  to  a  vote  of  the  people  of  Texas. 
I  stand  here  ready  to  legislate  upon  this  or  any  other  question, 
and  if  the  people  choose  to  repudiate  my  action,  let  them  do  it 
in  the  proper  way.  I  hold  it  to  be  farcical  in  the  extreme  for  mem- 
bers to  come  here  and  draw  their  per  diem  for  legislating,  and  then 
call  upon  the  masses  to  legislate  for  themselves. 

I  pledge  myself  to-day,  first,  to  vote  for  the  establishment,  of 
two  universities,  and  if  I  find  a  majority  opposed  to  that  plan, 
then  to  come  in  from  the  banks  of  the  Sabine,  and  strike  hands 
with  gentlemen  from  the  Rio  Grande,  and  bend  my  energies  to 
the  establishment  of  a  mammoth  State  University,  to  be  located 
where  it  may. 

Let  us  first  determine  the  question  whether  we  will  have  on* 
or  two  universities.  I  prefer  two.  I  will  not,  however,  make  a 
compliance  with  my  preference  a  sine  qua  non — the  hinging  point 
upon  which  my  advocacy  of  the  cause  of  education  turns. 

I  hope  the  gentleman  from  Madison  (Mr.  Kittrell,)  will  not 
place  himself  in  the  position  of  the  bad  general  who  underrates 
the  strength  of  his  adversary.  He  will  find  that  there  are  others 
in  this  House  who  entertain  the  views  I  do,  and  will  perhaps  vote 
as  I  do.  But  let  me  assure  him,  should  be  vote  my  plan  down, 
I  pledge  myself  then  to  co-operate  with  him,  and  those  who  think 
with  him,  in  the  establishment  of  one  magnificent  university,  which 
si' all  rival  the  Cambridges  and  Oxfords  of  the  old  world.  And 
I  shall  then  advocate  the  city  of  Austin  as  the  place  of  its  location. 
I  will  not  pander  to  a  feeling  of  sectionalism  in  this  or  any  other 
matter,  while  I  have  the  honor  to  have  a  seat  upon  this  floor. 
Should  there  be  but  one  university,  I  believe  this  is  the  place. 
The  youth  of  the  country  should  be  sent  to  a  point  where  there 
is  a  stimulus  to  exertion  beyond  those  which  exist  in  ordinary 
schools.  They  should  have  an  opportunity  to  attend  the  meetings 
of  the  Legislature,  and  the  sessions  of  the  Supreme  Court,  and 
to  profit  by  all  the  elevating  influences  which  can  be  brought  to 
bear  upon  their  minds  in  the  Capital  City  of  their  State.  Their 
standards  of  morals  will  thus  be  improved,  their  intellects  will  be 
sharpened,  and  they  will  acquire  at  an  early  age  a  store  of  political 


A  Source  Book  of  the  University  of  Texas,  99 

and  governmental  knowledge  that  will  be  of  the  highest  advantage 
in  after  life. 

You  have  spent  thousands  here  already  upon  public  buildings. 
You  have  an  elegant  Capitol,  a  Land  Office,  a  Treasury  Depart- 
ment, and  many  other  State  buildings.  Here  let  your  State  Uni- 
versity be  erected,  and,  by  the  aid  of  subordinate  schools  through- 
out the  State,  which  will  send  in  their  pure  waters  to  swell  the 
mighty  deep,  it  will  be  an  honor  to  its  founders  and  a  pride  to 
the  State. 

I  am  prepared  to  do  anything  that  lies  in  my  power  to  promote 
the  great  cause  of  Education.  And  I  do  not  wish  gentlemen  to 
throw  out  any  remarks  which  would  seemingly  place  me  in  a  false 
position. 

I  trust  I  am  understood.  I  shall  and  do  warmly  advocate  the  estab- 
lishment of  ttco  Universities;  and  if  in  this  I  am  overcome  by  a 
majority,   I    shall   cheerfully  fall  into  the  ranks   and   vote   for   one. 

Mr.  Everett: — I  am  all  unused  to  the  splendid  magnificience 
which  surrounds  me  here.  It  has  been  my  fortune  heretofore  to 
move  in  too  humble  a  sphere  to  become  accustomed  to  carpeted 
floor  and  marble  halls.  But,  sir,  I  am  entitled  to  a  position  upon 
this  floor  by  the  endorsement  of  those  who  know  me  well  and  love 
me,  and  whenever,  therefore,  in  my  humble  judgment,  the  rights 
of  those  I  have  the  honor  in  part  to  represent,  are  assailed  upon 
any  question  by  any  man  or  set  of  men,  I  shall,  however  doubtful 
of  my  humble  capacity,  claim  the  privilege,  in  common  with  others 
here,  to  defend  the  rights  of  my  constituents.  And  gentlemen 
will  find  that  I  cannot  be  driven  from  any  position  by  extravagant, 
complimentary  sarcasm,  and  by  illtimed,  ungenerous  irony.  I 
beg  leave  to  differ  decidedly  from  some  of  the  gentlemen  who  have 
addressed  the  House  in  the  discussion  of  this  subject.  The  question 
is  upon  the  report  of  your  Committee  on  Education.  The  report 
comprises  two  distinct  and  important  propositions.  The  first  is, 
shall  we  have  a  University?  The  second,  shall  we  have  more  than 
one?  Upon  the  first  proposition  there  would  seem  to  be  little  or 
no  difference  of  opinion.  The  people  of  the  State,  through  their 
representatives  here,  have  spoken  trumpet-tongued  in  favor  of  an 
enterprise  so  magnificent  and  so  grand  as  the  erection  and  endow- 
ment of  a  State  University.  But  it  seems  there  are  gentlemen  here 
who  are  disposed  to  go  beyond  the  example  of  every  other  State  in 
the  Union,  and  force  upon  the  people  of  Texas  the  establishment 
of  TWO  Universities.  And  the  gentleman  from  Harrison,  (Mr.  Mur- 
rah),  it  seems,  is  pledged  to  go  for  a  University,  provided  its  local  Hi/ 
shall  be  selected  to  suit  him  and  his  peculiar  views.  I  understand  his 
position  to  be  this:  that,  coming  from  the  East,  as  he  does,  he  will 
pledge  himself  to  vote  for  establishing  a  University,  provided  always 
that  its  location  shall  be  fixed  in  the  Eastern  division  of  the  Stat*. 
His   principal   argument  is,   that    the   young  gentlemen   of   the  East 


100  University  of  Texas  Bulletin 

cannot,  with  a  due  regard  to  their  health,  come  to  this  prairie 
country,  where  there  is  a  scarcity  of  water,  sudden  transitions  of 
climate,  and  with  what  he  thinks  will  be  a  great  additional  expense 
of  living  in  a  region  of  country  wanting  in  timber,  and  where  the 
seasons  are  uncertain  and   irregular. 

I  understand  this  question  to  be  one  of  unity,  and  not  of  dis- 
sension. And  I  undertake  to  say  that  my  constituents  are  in  favor 
of  one  University,  to  be  located  at  some  suitable  point,  without 
reference  to  the  accomodation  of  any  particular  section;  and  it 
is  a  violent  presumption  against  the  gallant,  liberal  county  of  Chero- 
kee that  she  would  oppose  a  speedy,  harmonious  consummation  of 
this  enterprise,  simply  because  two  great  section  of  our  State 
happen  to  differ  in  natural  features.  And,  too,  similar  objections 
to  those  mentioned  by  the  gentleman  from  Harrison  might  be 
urged  with  equal  plausibility  on  the  part  of  the  youth  of  Western 
Texas,  if  the  University  should  be  located  in  the  East.  They  are 
not  used  to  a  timbered  country,  or  to  the  sultry  weatlier  incidental 
to  a  timbered  country — nor  are  they  used  to  the  water  of  the  East, 
if  indeed  it  differs  from  that  of  the  West.  And,  I  suppose,  if  the 
gentleman  is  right  as  to  hazarding  the  health  of  the  young  men 
from  the  other  side  of  the  Trinity  in  coming  to  the  West,  that  equaf 
danger  would  follow  the  robust,  healthy,  athletic  youth  of  the 
Rio  Grande  when  he  traveled  to  the  East.  And  if  this  objection 
be  sustained — obtaining  alike  in  both  sections  of  our  State — its 
triumph  will  defeat  a  wholesome  policy  of  the  political  authority 
of  the  country — in  endowing  and  establishing  a  State  University, 
which  is  commensurate  with  our  means,  and  worthy  the  intelligence 
and  patriotism  of  the  people  of  Texas. 

The  first  question  to  be  considered  is,  shall  the  university  be 
established?  and  when  that  is  decided  it  will  be  time  enough  to 
discuss  the  other  propositions.  I  would  like  to  ask  the  gentleman 
from  Harrison  how  the  University  can  be  located  in  the  East  or 
in  the  West  until  it  is  established,  and  has  an  existence?  The 
novelty  of  this  and  its  palpable  absurdity,  are  equaled  only  by  the 
futile  arguments  which  preceded  it.  The  gentlemen  from  Smith, 
(Mr.  Chilton,)  takes  a  different  ground  in  opposition  to  the  report. 
He  says  there  is  a  growing  spirit  of  dissension  in  the  minds  of  the 
people  of  Texas,  that  will  eventually,  unless  crushed  out,  lead  to 
a  division  of  the  State;  and  for  the  purpose  of  extinguishing  the 
fire,  ere  it  shall  burst  into  a  flame  and  consume  the  country,  he 
proposes  to  make  two  Universities.  Sir,  I  cannot  see  the  force  of 
this  argument.  I  can  see  very  clearly,  however,  how  a  "house 
divided  against  itself  will  fall."  What!  unite  the  feelings  of  the 
Western  people  and  those  of  the  Eastern  part  of  the  State,  by  keep- 
ing your  children  isolated  and  divided;  by  teaching  them  an  un- 
hallowed spirit  of  rivalry,  under  the  conflicting  interests  and  feelings 


A  Source  Book  of  the  University  of  Texas  101 

of  an  Eastern  and  Western  University?  No,  sir.  Like  the  erection 
of  an  Eastern  "Capitol,"  and  a  convention  there  of  the  Eastern 
members  of  the  Legislature,  on  the  1st  Monday  of  November 
just  past,  so  the  erection  of  two  Universities  will  fan  the  spirit 
of  division  into  a  flame,  which,  when  it  ceases  to  burn,  would  leave 
only  the  smoking  embers  of  all  of  us  that  once  was  great  and  good. 
Such  a  calamity,  Mr.  Speaker,  I  would  regret  as  much  as  any  one. 
I  should  regret,  deeply  regret,  to  see  any  thing  tending  to  its 
consummation  cherished  and  •encouraged.  O'er  the  Eastern  hills 
I  have  a  rental  cottage;  there  lives  my  mother,  and  there  my 
sister  live — it  is  my  home.  But  however  dear  one  single  locality 
may  be  to  me — the  scene  of  my  domestic  joys  or  family  sorrows — 
when  I  look  far  over  the  boundless  prairie,  to  wh-ere  the  blue  waves 
of  the  Rio  Grande  lave  your  Western  borders,  I  feel,  I  know  that 
Texas  is  my  home.  Texas  is  not  divided,  not  severed  by  geographical 
lines,  nor  by  towering  walls,  but  Texas  as  she  was  in  the  dark  hour 
of  '36,  when  the  banner  of  peace  first  waved  in  triumph  above 
the  ruins  of  the  revolution,  giving  rest  to  her  bleeding  soldiers 
and  freedom  to  all  her  people.  Texas  as  she  was  in  184  4,  when, 
under  the  guidance  of  that  great  party  of  the  National  Constitution, 
she  became  a  sister  in  the  great  family  of  the  American  Union. 
Texas  as  she  is — undivided  in  sentiment  and  united  in  interest, 
from  the  Rio  Grande  on  the  West  to  the  Sabine  on  the  East — the 
Empire  State  of  this  great  Republic.  We  are  able  to  build  but 
one — we  are  competent  to  build  that.  Let  us  have  it  and  the 
benefits  that  will  result  from  it.  But  sir,  I  cannot  think  we  ought 
to  undertake  more  than  one. 

House,  November  24,  1857,  pp.  26-29 

Speech  of  Mr.  Norton  on  the  University 

Mr.  Norton  said: — Mr.  Speaker,  what  is  the  question  before  the 
House?  What  is  the  proper  subject  of  discussion?  I  ask,  as 
well  for  the  information  of  others  as  myself — that  we  may  each 
and  all  know  what  is  the  legitimate  question  for  discussion.  As 
I  understand  it,  the  subject  matter  has  been  lost  sight  of  in  the 
heat  and  verbosity  of  debate. 

The  Speaker: — The  question  is  upon  the  adoption  of  the  resolu- 
tion reported  by  the  committee  on  Education,  that  we  shall  have 
one  State  University. 

Mr.  Norton: — And  Sir,  is  not  the  question  of  postponing  the 
entire  consideration  of  this  subject  to  some  day  in  December,  also 
before  us?  If  I  mistake  not,  the  honorable  gentleman  from  Cass 
(Mr.  Ward)   proposed  the  postponement* to  a  future  day. 

The  Speaker: — The  gentleman  from  Henderson  is  rislit,  that  Is 
the  question. 


102  University  of  Texas  Bulletin 

Mb.  Norton: — Then,  Mr.  Speaker,  with  your  permission,  and 
that  of  the  House,  I  will  submit  a  few  brief  remarks  upon  the 
subject  under  discussion,  and  give  reasons  why,  in  my  humble 
judgment,  its  further  consideration  should  be  postponed.  And, 
Sir,  I  approach  the  grave  subject  with  great  diffidence,  distrusting 
my  ability  to  touch  or  dwell  upon  it  at  all,  after  the  very  large 
amount  of  learning  and  of  eloquence  that  have  been  expended 
upon  it  by  the  able  gentlemen  who  have  preceded  me.  But,  Sir, 
to  one  of  my  humble  capacity  of  discernment,  it  appears  that  the 
very  desultory  and  discursive  arguments  presented  by  the  various 
speakers,  afford  conclusive  evidence  that  there  should  be  a  post- 
ponement. While,  Sir,  much  has  been  said,  during  this  discussion, 
upon  matters  at  large,  but  little,  as  I  conceive,  has  been  spoken 
upon  the  true  subject  in  issue.  High-sounding  words  and  lofty 
declamation,  poetical  rhapsodies  and  courtly  phrases  of  speech, 
we  have  had  in  abundance,  it  is  true,  Sir;  but,  I  submit  it  to 
the  candid  judgment  of  gentlemen,  if  they  have  not  been  as  applic- 
able to  any  other  subject  as  to  this — as  to  whether  the  State  shall 
engage  in  the  plan  of  erecting  one  University  or  more  than  one. 

The  first  speech  (Mr.  Dennis)  made  this  morning  upon  the  sub- 
ject, was  very  chaste  and  beautiful,  and  while  some  of  the  others 
have  gone  so  widely  astray,  and  said  so  little  upon  this  subject, 
and  so  much  upon  almost  all  others  in  the  range  of  legislation, 
it  appears  evident  to  my  mind,  that  upon  this  particular  one, 
"much  remains  unsung,"  and  that  a  postponement  would  enable 
gentlemen  who  may  design  speaking,  to  collect  their  thoughts  and 
concentrate  their  ideas — to  form  their  own  conclusions  as  to  how 
they  will  vote,  and  to  give  those  of  us  who,  as  yet,  know  not  what 
to  do,  and  the  people  of  the  State  at  large  the  reasons  influencing 
them  upon  this,  the  most  important  subject  yet  presented  to  our 
consideration. 

The  real  question  presented  by  the  report  and  resolution  of  the 
committee  seems  of  late  to  have  been  lost  sight  of,  in  the  desire 
to  discuss  the  startling  proposition  of  a  division  of  the  State,  or 
the  yet  more  terrifying  question  of  the  division  of  the  Democratic 
party!  Loud,  and  clamorous  professions  of  love  for  the  State  or 
party — grand  and  glorious  expressions  of  affection  and  regard  for 
the  unity,  superiority,  supremacy  and  eternity  of  either,  have  little 
to  do  with  the  subject  matter  legitimately  before  us.  Words  suggest 
themselves  in  great  abundance,  in  which  the  fluent  speaker  can 
clothe  his  ideas  upon  this  subject,  and  giving  a  loose  wing  to  his 
imagination,  indulge  in  lofty  flights  of  patriotic  enthusiasm.  And 
high-flown  strains  of  such  a  character  ever  find  a  ready  response 
in  the  heart  of  the  citizen.  Hence,  the  disposition  to  indulge  in 
them  to  great  excess  may,  at  times,  to  a  certain  extent,  be  over- 
looked. But  we  should  not,  in  great  display  upon  a  subject  calcu- 
lated  to   beget   extravagance   of   thought,  entirely   forget   the  stern 


A  Source  Book  of  the  University  of  Texas  103 

reality.  There  should  be,  and  in  my  opinion  is,  in  the  consideration 
of  this  subject,  a  call  for  practical  thought,  instead  of  theoretical 
extravagance.  A  measure  involving  the  -expenditure  of  such  a  vast 
amount  of  money,  and  so  great  an  area  of  land— all  the  property 
of  the  people — should  be  divested  of  the  glare,  and  glitter,  and 
gorgeous  display  so  lavishly  thrown  around  it. 

And  here,  Mr.  Speaker,  I  may  say  I  share  in  all  the  pride  and 
feel  the  patriotic  emotions  so  freely  and  so  vauntingly  expressed 
by  the  eloquent  gentlemen.  I,  too,  dwell  with  delight  upon  recollec- 
tions of  the  past,  and  might  recount  with  pleasure  the  glorious 
achievements  of  the  gallant  soldiery  of  Texas,  in  the  dark,  and 
stormy,  and  terrible  days  of  her  revolutionary  struggle — the  braves, 
who,  by  their  gigantic  prowess  and  lofty  bearing  upon  many  a 
sanguinary  battle-field,  bore  their  tattered  and  torn  banner  of 
desperation  triumphantly  through  dismay,  and  disaster,  and  terror, 
to  independence,  and  as  the  result  of  their  sacrifices,  their  priva- 
tions, their  toils  and  their  joint  labors,  made  us  the  recipients  of 
all  that  we  have  of  land,  money,  territory  and  treasure,  of  greatness 
and  of  grandeur — illimitable  and  eternal! 

Sergeant-at-Arms  : — Mr.  Speaker,  message  from  the  Senate. 

The  Speakeb: — Invite  the  gentleman  in. 

The  message  is  read. 

Mr.  Norton: — That  interruption  by  the  Senate's  Messenger,  Mr. 
Speaker,  has  been  to  me  a  most  unfortunate  one — and,  perhaps, 
I  should  rather  say,  fortunate  as  well  as  unfortunate.  Because. 
Mr.  Speaker,  when  I  was  just  warming  with  my  subject,  and  getting, 
as  is  the  custom  with  some  speakers  of  a  certain  character  of  popu- 
larity, high  up  in  the  "seventh  heaven  of  Mohammed,"  where  I 
could,  while  my  head  rested  among  the  stars,  descant  upon  the 
greatness  and  glory  of  our  magnificient  country,  I  find  myself  sud- 
denly brought  down  to  this  sublunary  sphere— falling  from  a  rare 
contemplation  of  the  "milky  baldrick  of  the  skies,"  the  heavenly 
blue  of  the. back-ground,  and  the  many  stars  and  stripes  upon  the 
banner,  to  the  Lone  Star  of  the  Empire  State  of  the  oouth.  And 
that,  too,  Mr.  Speaker,  when  the  faithful  Reporter  is  at  his  post, 
ready  to  give  to  the  wings  of  the  wind,  and  scatter  among  the 
people  the  high-wrought  extravagance  of  my  brain.  While  in  this 
I  may  be  unfortunate,  however,  in  the  estimation  of  those  who 
esteem  merit  in  speaking  to  consist  in  high-sounding  expressions 
and  vain  laudations  flattering  to  State  pride  or  to  sectional  taste, 
may  I  not  consider  myself  fortunate,  as  I  will  be  in  the  estima- 
tion of  plain,  practical,  common-sense  men,  in  being  brought  to 
speak  of  the  subject  itself.  This  I  had  not  designed  doing  at  all; 
but  finding  it  necessary  to  give  expression  to  senuments  that  I 
honestly  entertain,  opinions,  too,  which  have  not  yet  been  pro- 
claimed during  this  discussion,  I  come  at  once  frankly  and  plainly 
to  the  subject. 


104  University  of  Texas  Bulletin 

Jt  appears  to  be  the  settled  determination  of  those  favoring  the 
resolution,  to  establish  one  "mammoth  State  University,"  and  appro- 
priate thereto  the  enormous  sum  of  four  hundred  thousand  dollars, 
and  four  hundred  and  forty-two  thousand  and  eight  hundred  acres 
of  land — to  make  an  endowment  that  shall  surpass  any  ever  before 
known  upon  this  continent — to  rival,  nay,  excel,  the  famous  uni- 
versities of  the  Old  World,  and  eclipse  all  that  the  ancient  or  modern 
world  have  ever  witnessed!!  For  this  grand  and  stupendous  State 
system  of  consolidation  and  of  centralization — for  this  building 
of  a  magnificent  institution,"  whereat  the  sons  (girls  are  uncared 
for)  of  the  favored  few  may  be  educated,  it  is  proposed  to  take 
the  money  and  the  lands  of  the  whole  people  of  the  State,  acquired 
by  the  joint  efforts  of  the  rich  and  the  poor — cemented  by  the 
blood  and  gore  of  all — the  joint  estate  of  the  entire  people.  To 
this  species  of  class  legislation — this  system  of  favoriteism — I  enter 
my  protest  in  behalf  of  the  people  whom  I  represent — on  behalf  of 
the  poor  but  honest  people  of  the  land. 

While  I  agree  with  gentlemen  who  so  eloquently  advocate  the 
claims  of  such  an  institution,  that  it  would  be  a  grand  sight  to 
behold,  I  am  not  willing  that  the  money  of  the  people  should  be 
taken  to  erect  such  an  object  of  "special  wonder!"  Honorable 
gentlemen  all  around  me,  however,  seem  exceedingly  anxious  to 
pass  some  mammonth  appropriation  act — to  devise  some  magnificent 
scheme  to  rid  the  State  of  its  money.  They  remind  me  very  much 
of  the  man  who  was  entirely  unused  to  having  money,  but  happen- 
ing, by  a  turn  of  Fortune's  wheel,  to  have  received  a  legacy,  could 
not  rest  day  or  night  till  he  spent  it  all.  And  I  fear  there  are 
some  who  will  die  of  regret  and  disappointment  if  they  cannot 
succeed,  this  session,  in  extracting  the  last  dollar  in  the  Treasury 
vault!  So  hot  seems  the  haste  to  pass  this  bill — so  keen  the  pursuit 
of  the  scheme  to  rid  the  people  of  their  money. 

The  very  intelligent  gentleman  from  Madison,  (Mr.  Kittrell), 
the  chairman  of  the  Education  committee,  in  his  zealous  advocacy 
of  this  "mammoth"  enterprise,  recapitulates  past  legislation,  gives 
us  a  statement  of  State  finances,  and  attempts  to  silence  all  opposi- 
tion by  the  declaration  that  this  amount  is  not  drawn  from  the 
pockets  of  the  people,  and  therefore  objections  should  not  be  raised 
here.  In  fact,  from  his  declarations,  he  is  very  much  surprised 
from  opposition  from  any  quarter!  His  position  is  a  novel  one, 
truly.  The  representatives  of  the  people  should  not,  according  to 
his  views,  raise  any  objection  to  appropriating  money  from  the 
treasury,  because,  forsooth,  it  is  already  there,  and  the  people  have 
no  interest  in,  and  no  right  to  question  the  manner  of  its  expendi- 
ture! Is  this  the  position  the  advocates  of  this  stupendous  scheme 
for  abstracting  money  and  land  from  the  commonwealth  take? 
And  will  those  whom  the  people  have  deputed  to  act  for  them  thus 


A  Source  Book  of  the  University  of  Texas  105 

be  silenced?  For  one,  Sir,  as  an  humble  representative  of  the  people, 
I  hesitate  not  to  raise  my  voice  in  opposition  to  this  proposition 
for  a  wasteful  and  extravagant  expenditure  of  their  money  and 
property.  On  the  part  of  an  humble,  a  plain,  but  hard  working 
constituency,  I  enter  my  protest  to  such  doctrine.  And  on  their 
part  I  ask  and  demand  that  there  shall  be  no  appropriations  of 
the  money  and  the  territory  of  the  State,  which  will  not  inure  to 
their  and  th-e  people's  benefit  generally. 

But,  Sir,  this  is  not  the  only  anomalous  proposition  that  has  been 
set  forth  by  the  advocates  of  this  State  system.  Doctrines  the 
most  startling — propositions  of  a  monstrous  character  have  fallen 
from  the  lips  of  honorable  gentlemen  during  this  discussion.  We 
have  been  told  that  we  must  encourage  a  privileged  class  in  this 
State — that  the  children  of  the  rich  must  be  educated,  and  those 
of  the  poor  given  the  go-by.  I  denouce  all  such  propositions,  as 
anti-republican,  anti-Democratic,  and  unworthy  of  being  entertained 
by  any  representative  of  the  people — - 

Mr.  Chilton: — I  cheerfully  acquit  the  gentleman  from  Henderson 
of  democratic  principles,  or  of  having  any  sympathies  with  the 
democracy! 

Mr.  Norton: — I  am  very  thankful,  Mr.  Speaker,  to  the  gallant 
gentleman  from  Smith  for  his  kind  and  forgiving  disposition.  In- 
deed, Sir,  I  have  no  feeling  in  common  with  the  gentleman  as  ex- 
pressed upon  this  floor;  and,  Sir,  that  is  the  last  quarter  from  which 
I  would  have  anticipated  this  interruption.  God  forbid  that  I  should 
harbor  in  my  bosom  such  sentiments  as  he  has  set  forth  in  regard 
to  the  education  of  the  people!  He  talks  flippantly  of  democratic 
principles,  and  what  he  calls  "chameleon  democracy"  while  he, 
Mr.  Speaker,  is  the  fittest  and  best  representative,  the  most  perfect 
embodiment  of  a  "chameleon  democrat"  that  I  know,  on  God's 
green  earth! 

I  repeat,  Sir,  that  it  is  undemocratic  to  educate  the  few  at  the 
expense  of  the  many.  I  repeat,  Sir,  that  the  money  of  the  people 
should  not  be  so  appropriated  that  all  cannot  be  benefited.  And, 
Sir,  I  regard  the  declaration  of  the  gentleman  from  Smith,  that 
"if  either  the  high  schools  and  colleges,  or  the  common  schools 
had  to  be  given  up,  he  would  freely  wip-e  the  common  schools  out 
of  existence,"  as  monstrous. 

It  is  true  I  have  no  sympathy  with  such  Democracy. 

THE  COMMON  SCHOOLS  ARE  THE  PEOPLE'S  COLLEGES. 
And,  Sir,  my  Democracy,  whether  palpable  or  not,  would  favor  the 
entire  appropriation  of  the  fund  contemplated  for  the  University,  to 
the  common  schools  of  the  State.  I  advocate  the  greatest  good  to  the 
greatest  number — the  appropriation  of  money  directly  to  the  educa- 
tion of  the  children  of  the  people,  instead  of  expending  hundreds  of 


106  University  of  Texas  Bulletin 

thousands  of  dollars  in  the  erection  of  costly  and  magnificent  build- 
ings alone — "Temples  of  Futurity,"  the  gentleman  from  Smith  calls 
them — "Temples  of  Futurity,"  indeed;  that  in  the  far  distant  future, 
could  we  but  lift  the  veil,  we  may  see  the  children  of  my  constituents 
represented  by  other  gentlemen  upon  this  floor — the  children  of  the 
poor  people  of  the  State  of  Texas — gathering  around  the  massive 
structure,  and  upon  their  bended  knees,  looking  up  in  wonder, 
amazement  and  astonishment  at  the  fluted  columns  and  "lofty 
domes  and  towering  spires"  of  the  proud  "temple  of  futurity," 
erected  in  fatuity  by  the  Legislature  of  the  State,  out  of  the  money 
and  the  substance  of  the  whole  people,  for  the  benefit  of  the  few 
rich  and  well-born! 

The  wildest  views  seem  to  prevail  in  the  minds  of  some  of  the 
honorable  gentlemen  as  to  what  should  be  the  course  of  study  in 
this  great  university.  It  has  even  been  proposed,  that  in  addition 
to  the  usual  branches  taught  in  our  literary  institutions,  there 
should  be  provision  made  for  magnificent  Law,  Medical  and  other 
departments!  To  such  propositions  I  dissent,  in  toto.  Let  those 
who  may  wish  to  receive  what  is  called  the  genteel  polish  of  a 
"finished  professional  education,"  not  call  upon  the  people  in  the 
humble  walks  of  life,  upon  whom  they  may  in  future  show  their 
professional  skill,  in  fleecing  or  physicing,  to  pay  for  educating 
them.  Let  us  have  no  Doctors  or  Lawyers  manufactured  by  a  State 
institution;  and  I  say  it  with  all  becoming  respect  to  gentlemen 
of  the  learned  professions,  God  knows  we  have  enough  of  them  in 
the  country,  with  a  rising  prospect  of  "more  of  the  same  sort!" 
Were  it  proposed  to  establish  an  Agricultural  Bureau,  a  measure 
which  my  friend  from  Galveston  (Mr.  Brown)  has  much  at  heart, 
it  would- not  be  so  much  out  of  place,  inasmuch  as  whatever  tends 
to  promote  the  success  of  those  engaged  in  the  culture  of  the  soil 
adds  to  the  general  prosperity  of  the  State.  But  there  is  no  such 
thing  thought  of  by  those  having  the  management  of  this  great 
University;  it  is  to  benefit  those  who  eat  bread,  and  not  those  who 
make  it. 

I  hold  in  my  hand  the  Governor's  message  to  this  honorable 
body,  in  which  he  says,  "The  number  of  scholars  in  the  common 
schools,  reported  for  1857,  was  about  87,000,  and  the  amount  dis- 
tributed from  the  income  of  the  fund  was  $106,000,  being  about 
one  dollar  and  twenty-one  cents  for  each  scholar." 

How  many  of  this  87,000  of  the  common  school  children  of  the 
State  would  be  benefitted  by  the  establishment  of  this  great  Uni- 
versity? 

By  this  time  next  year,  there  will  be  100,000  children  attending 
the  common  schools — and  as  each  year  passes  by,  there  will  be 
more  and  more — the  increase  never  stops.  And  it  so  happens,  in 
the  wise  providence  of  God,  to  whom  he  grants  not  riches  he  grants 


A  Source  Book  of  the  University  of  Texas  107 

children  in  abundance — and  for  tne  education  of  the  hundreds  of 
thousands  of  poor  children  of  our  rapidly  increasing  State,  I  plead 
now  to  you,  and  before  long  they  will  themselves  demand  their 
rights.  This  grand  University  will  confer  benefits  upon  the  children 
of  the  rich — upon  the  few  only. 

I  am  no  enemy  to  education,  collegiate,  literary  or  classical;  on 
the  contrary,  I  am  glad  to  see  the  young  striving  to  obtain  it.  But, 
Sir,  the  common  school  system,  perfected  as  it  might  and  will  be 
in  time  will  give  proper  direction  to  the  minds  of  the  rising  people 
of  our  great  and  growing  State,  many  of  whom  will  afterwards 
avail  themselves  of  opportunities  offered  by  schools  of  higher  order 
and  colleges  in  their  midst.  We  have  already  colleges  and  institu- 
tions of  learning  of  a  high  grade  incorporated  in  the  State,  and  to 
all  such  I  would  be  willing  to  offer  encouragement.  Willingly 
would  I  aid  in  the  establishing  and  endowing  of  colleges  in  various 
parts  of  the  country.  And,  Sir,  by  this  means  we  would  be  placing 
a  liberal  education  more  nearly  within  the  reach  of  all  the  children 
of  the  State. 

Much  has  been  said,  during  this  extended  discussion,  about  the 
location  of  the  University — whether  it  should  be  East  or  West,  at 
Austin  or  elsewhere.  By  the  plan  I  sugest,  the  "bone  of  conten- 
tion" would  be  removed.  The  people  would  foster,  and  encourage, 
and  patronize  their  own  home  institutions.  Those  who  desire  to 
avail  themselves  of  a  college  course,  would  find  it  to  their  interest 
to  attend  the  institutions  in  their  own  neighborhood,  and  this 
they  could  do  without  being  compelled  to  expend  all  their  sub- 
stance and  much  of  their  time  in  traveling  hundreds  of  miles 
to  a  State  University,  which,  to  locate  it  where  you  will,  in  a  State 
seven  times  the  size  of  the  largest  in  the  Union,  would  give  tliem 
generally  a  distance  equivalent  to  journeying  across  Louisiana,  Mis- 
sissippi and  Alabama!  In  point  of  fact,  locate  it  as  you  will,  the 
expense  of  going  to,  and  of  remaining  during  sessions,  would  place 
it  out  of  the  power  of  the  generality  of  the  people  of  the  State  to 
attend  it,  and,  for  one,  I  am  not  disposed  to  appropriate  such  a 
vast  sum  for  the  benefit  of  the  sons  of  the  wealthy  cotton  and 
sugar  planters,  and  where  the  boys  of  the  humble  stock-raiser,  the 
small  farmer,  and  the  man  of  moderate  means,  could  not  be  bene- 
fited at  all. 

Now,  Sir,  I  have  already  said  more  upon  this  subject  than  I  had 
designed  doing,  as  I  simply  intended  submitting  a  few  remarks  upon 
the  propriety  of  postponing  the  consideration  to  a  future  day; 
but  having,  by  frequent  interruptions,  been  thrown  off  my  guard, 
and  led  to  remarks  I  would  not  otherwise  have  submitted  at  this 
late  period,  and  after  such  prolonged  debate,  I  will  briefly  direct 
the  attention  of  gentlemen  to  another  point,  and  one  not  hitherto 


108  University  of  Texas  Bulletin 

alluded  to  in  the  discussion  and  that  is,  Mr.  Speaker,  that  exclusive 
State  Universities,  in  this  country,  have  not  been  able  to  compete 
with,  or  in  other  words,  been  as  productive  of  good  results,  as  col- 
leges established  and  sustained  by  individual  effort,  by  private  asso- 
ciation, or  denominational  or  sectarian  enterprize.  Gentlemen 
favoring  the  project,  during  their  remarks,  have  pointed,  with  pecu- 
liar pride  and  exultation,  to  the  University  of  Virginia,  as  the 
model  institution,  and  one  of  the  great  literary  institutions  of  the 
day,  which  should  serve  as  a  pattern  for  our  imitation.  This,  It 
is  claimed,  should  be  in  several  respects  the  pattern  one;  especially 
has  it  been  mentioned  as  the  object  to  be  established  free  of  all 
sectarian  influence.  To  this,  it  may  be,  and  has,  on  the  other  hand 
been  replied,  that  even  this  institution,  in  its  day,  failed  to  meet 
the  expectation  of  its  great  founder.  Mr.  Jefferson.  Was  it  not. 
let  me  ask,  in  part,  the  design  to  exclude  from  its  professorships 
all  ministers  of  the  gospel!  And  is  it  not  the  fact,  that  they  have 
been  compelled  to  abandon  this,  the  favorite  measure  of  many  of 
the  advocates  of  this  plan?  In  the  various  chairs  will  be  found 
Rev.  D.  McGuffey,  of  the  Old  School  Presybterian  faith,  and  Rev. 
Albert  Bledsoe,  of  the  Episcopal  church,  and  others! 

They  forget  to  tell  us,  too  how  small  has  been  the  number  of 
F.  F.  V.'s  in  attendance!  And  they  also  seem  unmindful  of  the 
fact  that  the  sons  of  the  "Old  Dominion"  have,  from  time  imme- 
morial, been  receiving  instruction  from  the  time-honored  insti- 
tutions of  William  and  Mary,  Hampden  and  Sidney,  Washington 
College  at  Lexington,  and  more  recently  from  Randolph,  Macon, 
Pomroy  and  Henry,  and  their  younger  sister  Bethany.  And  these 
various  colleges,  founded  and  fostered  by  pious  and  good  men,  have 
contributed  more  to  the  diffusion  of  knowledge  than  the  peculiar 
favorite  at  Charlottesville.  They  seem  entirely  unmindful  of  the 
fact  that  the  first  and  foremost  institutions  of  America  are  the 
result  of  private  associate  enterprise,  and  of  sectarian  effort.  Let 
me  point  you  to  Bowdoin  and  Waterville  colleges,  Maine;  Brown 
University,  Rhode  Island;  Yale  and  Trinity,  Connecticut;  Harvard 
and  Williams,  Massachusetts;  Middlebury,  Vermont;  Princeton  and 
Burlington,  New  Jersey;  Pennslyvania,  with  her  Washington,  Jef- 
ferson, Alleghany  and  Dickinson  et  als.;  New  York,  with  her  Ham- 
ilton, Geneva,  Union,  Columbia,  and  others;  Ohio,  with  her  Ken- 
yon,  Miami,  Hudson,  Wesleyan,  et  als.;  Kentucky,  with  her  colleges 
at  Danville,  Bardstown,  etc.- — and  so  I  might  proceed  enumerating 
the  various  colleges  and  universities  of  like  character  in  the  land, 
which  have  been  founded  as  aforesaid,  and  challenge  the  scrutiny 
and  investigation  of  the  honorable  gentlemen  advocating  this  prop- 
osition for  one  grand  State  University,  to  show  me,  in  all  the  States 
which  I  have  enumerated — in  fact  in  any  and  all  of  the  States  in 


A  Source  Book  of  the  University  of  Texas  109 

the  Union,  where  like  efforts  have  been  made,  the  instances  where 
the  special  pet,  favorite  and  bantling  of  the  State,  with  all  its 
superior  advantages,  has  turned  out  better  scholars,  or  more  of 
them,  to  reflect  credit  on  their  almu    muter,  and   the  State   at   large. 

I  hold  it  to  be  an  utter  impossibility  to  legislate  great  learning 
and  abilities  into  heads  to  which  God  Almighty  hath  given  little 
or  no  brains.  Men  make  themselves,  to  a  considerable  extent,  and 
those  of  the  children  of  our  State  who,  by  dint  of  a  common  school 
education,  and  attrition  with  their  fellow  scholars,  acquire  the 
elementary  branches,  will  soon  surpass  the  more  favored,  by  means 
of  higher  schools  and  colleges  already  in  existence  in  the  State. 
Our  statute  books  are  full  of  acts  incorporating  institutions  of 
learning  in  various  parts  of  the  State,  and  many  of  these  the  result 
of  private  enterprise  and  munificence,  have  acquired,  at  this  early 
day  in  the  State's  history,  an  exalted  position.  Will  the  State  now 
adopt  a  course  of  policy  to  break  down  or  maim  and  cripple  these 
institutions?  It  will  either  practically  do  this,  or  it  will  manufac- 
ture, at  great  expense,  a  great  humbug!  If  The  State  University 
should  be  established,  with  an  appropriation  of  one  hundred  leagues 
of  land  and  four  hundred  thousand  dollars,  it  must  so  completely 
over-tower  all  other  institutions  as  measurably  to  withdraw  public 
patronage  from  them,  or  it  must  be  inferior  to  them,  and  fail  of 
having  that  full  attendance  of  pupils,  which  will  cause  it  to  be  re- 
garded as  a  complete  failure. 

Which  course  shall  be  pursued  by  you,  gentlemen,  that  of  foster- 
ing and  encouraging  those  institutions  which  we  already  have,  and 
inducing  the  organization  of  others  in  different  parts  of  our  great 
State,  to  meet  the  necessities  of  the  people  as  they  may  manifest 
themselves,  or  that  of  concentrating,  consolidating,  appropriating  a 
vast  amonut  of  the  money  of  the  people  to  benefit  a  select  few  only? 

Allusions  have  been  made  by  several  of  the  gentlemen  who  have 
preceded  me,  to  the  gray-haired  and  venerable  President  of  Austin 
College,  who  is  now  here,  soliciting  at  our  hands  aid  for  an  insti- 
tution already  located  and  at  work  disseminating  sound  learning 
in  the  country.  Shall  his  petition  be  heeded,  or  will  we  turn  a 
deaf  ear  to  the  respectful  request  therefor.  We  have  already  in 
our  State,  in  my  humble  opinion,  the  germs  that  may  produce 
fruit  glorious  to  look  upon,  if  blessed  with  seasonable  relief. 
Surely  those  who  laud  so  highly  the  brave  and  magnanimous  deeds 
of  the  pioneers  of  Texan  civilization  and  liberty,  will  not  be  un- 
mindful of  the  exalted  service  of  Stephen  F.  Austin,  the  founder 
of  the  infant  colony,  the  father  of  its  distinctive  political  existence! 
To  all  who  thirst  and  long  for  an  opportunity  to  show  their  high 
regard  for  literary  institutions,  I  commend  Austin  College,  at  Hunts- 
ville,  and  also  can  point  to  many  other  worthy  objects  in  successful 


110  University  of  Texas  Bulletin 

operation,  such  as  Baylor  University,  at  Independence;  Tyler  Uni- 
versity, in  Smith  county;  Forshey's  Monumental  Institute,  at 
Rutersville;  Marshall  University,  Aranama  College,  I  believe  the 
Institution  in  the  district  in  the  far  South  West,  represented  here 
by  one  of  the  brave  survivors  of  Fannin's  Massacre,  Dr.  Bernard, 
of  Goliad;  Bastrop  College,  Mackenzie  Institute,  and  others  of  like 
character,  called  into  being  by  citizens  of  the  State  impelled  by  a 
laudable  desire  for  the  increase  of  knowledge  and  the  dissemina- 
tion of  literature,  religion  and  sound  morality  throughout  the  land. 

Believing  that  upon  the  education  of  the  people  will  depend  the 
perpetuity  of  our  government,  and  looking  entirely  to  the  general 
diffusion  of  knowledge  for  the  permanency  and  prosperity  of  our 
Institutions,  I  will  be  found  ever  ready  to  aid  in  such  legislation 
as  will  serve  to  promote  this;  and  whatever  will  elevate  the  stand- 
ard of  common  school  education  or  promote  the  success  of  colleges 
and  acadamies  already,  or  that  may  be  hereafter  incorporated,  in 
my  humble  opinion,  should  receive  encouragement  at  our  hands. 

Having  trespasser!  upon  the  patience  of  the  members  far  beyond 
my  expectation  upon  taking  the  floor,  I  can  but  hope  that  the 
motion  to  postpone  may  prevail,  and  that  upon  further  discussion 
of  this  very  important  subject,  we  may  be  enabled  to  adopt  that 
course  of  policy  which  will  redound  the  most  to  the  credit  of  the 
State  and  the  benefit  of  the  people. 

The  question  was  put  and  the  motion  carried  to  postpone  further 
consideration. 

House,  November  28,  1857;  pp.  42-44 

The  reports  in  relation  to  a  State  University  being  before  the 
House, 

Mr.  Dennis  said: — Mr.  Speaker,  having  occupied  but  little  of  the 
time  of  this  House  in  the  discussion  of  any  question  that  has  here- 
tofore been  before  it,  I  shall  offer  no  apology  for  asking  the  indulg- 
ence of  the  members  for  a  few  moments. 

With  the  gentlemen  who  have  preceded  me,  I  fully  agree,  that, 
of  the  many  questions  of  importance  that  will  present  themselves 
for  the  consideration  of  this  Legislature,  there  are  none  of  more 
vital  interest  to  the  welfare  and  greatness  of  our  people,  and  the 
prosperity  of  our  young  yet  proud  and  noble  State,  than  the  one 
now  under  cnosideration. 

That  the  greatness  of  a  State  or  Nation,  its  influence  and  stand- 
ing among  its  sister  states,  or  the  civilized  nations  of  the  world, 
depends  upon —  is  supported  and  sustained  by — is  inseparably  con- 
nected with  the  education  and  intelligence  of  the  people,  and  that 
education  alone  can  qualify  the  man,  however1  gifted  he  may  be 
by  nature,  or  however  towering  his  intellect,  to  take  that  high  and 


A  Source  Book  of  the  University  of  Texas  111 

responsible  position  among  the  sons  of  men  for  which  nature  has 
designed  him,  are  facts  so  universally  admitttd  that  it  would  be 
an  act  of  supererogation  on  my  part  to  attempt  to  discuss  them. 

That  we  need,  then,  a  University  of  learning,  established  by  the 
State,  with  ample  endowments  to  afford  the  youths  of  our  State, 
on  the  soil  of  their  nativity  or  adoption,  and  under  the  watchful 
care  of  their  parents  or  guardians,  an  opportunity  of  acquiring  as 
complete  an  education  as  is  afforded  by  any  other  State  in  the 
Union,  surely  none  will  deny.  Argument  to  prove  it  is  therefore 
unnecessary. 

Admitting  the  necessity  of  a  State  University,  the  questions  that 
present  themselves  for  our  consideration  are —  Have  we  a  popula- 
tion to  support  a  University?  Have  we  the  ability  to  establish  and 
endow  one?  Shall  we  have  one  or  two  Universities?  and  shall  we 
make  provision  now  for  it  or  them? 

Sir,  if  we  contemplate  for  a  moment  the  rapid  increase  of  our 
population  since  our  earliest  settlement,  under  every  adverse  cir- 
cumstance, we  cannot  doubt  for  a  moment  that  we  should  act  at 
once.  The  winds  of  only  thirty-seven  winters  have  brought  their 
frosts  upon  their  wings  since  Austin  with  his  little  band  of  follow- 
ers, first  stepped  upon  the  shore  of  Texas,  then  the  home  of  the 
uncultivated  Mexican  and  the  more  fierce  and  warlike  savage.  Only 
twenty-one  years  have  passed  away  since  "the  muffled  drum  ceased 
to  sound  the  last  march  of  the  brave,"  and  the  sound  of  musketry 
and  the  crash  of  arms  gave  place  to  the  merry  song  of  the  farm- 
er's boy  as  he  follows  his  plow  or  watches  his  grazing  herd;  and 
only  eighteen  springs  have  spread  their  carpets  of  green,  bedecked 
with  flowers  of  beauty,  since  upon  the  very  spot  where  now  stands 
this  spacious  building  which  we  occupy — an  emblem  of  civilization 
— grazed,  in  security,  the  buffalo,  or  perchance  it  was  the  spot 
where  the  savage  chief  called  his  council  of  war.  Yet  already 
have  we  attained  a  population  of  more  than  600,000  souls — while 
our  genial  clime,  and  the  productions  of  our  liberal  soil,  invite 
the  attention  of  thousands  from  the  older  states,  where  the  soil, 
worn  and  wearied  of  years,  refuses  to  repay  the  laborer  for  hia 
toil.  While  our  lands  are  unsurpassed  in  fertility,  they  are  almost 
inexhaustible  in  quantity.  With  a  climate  to  suit  the  fancy  of  all — 
a  territory  of  175,594,560  acres  of  land  that  freely  yields  her 
cane,  her  cotton,  her  corn,  her  wheat,  and  grain  of  almost  every 
description,  while  millions  of  cattle  may  feed  upon  our  inexhausti- 
ble pasturage,  we  are  not  only  prepared  to  have,  but,  judging  the 
future  from  the  past,  will  soon  have  a  population  that  will  demand 
and  support  a  University  that  will  send  forth  the  sons  of  her  soil 
fit  ornaments  for  usefulness  in  society,  in  numbers  not  to  be  sur- 
passed by  any  institution  of  learning  in  the  South. 


112  University  of  Texas  Bulletin 

Have  we  ability  to  establish  and  endow  one?  The  Legislature 
heretofore  set  apart  fifty  leagues,  or  221,400  acres  of  land  for  Uni- 
versity purposes.  These  lands  have  been  located,  as  we  are  ad- 
vised, in  a  fertile  region  of  the  State,  and  the  proceeds  of  the  sales, 
by  prudent  management,  would  of  itself  be  an  endowment  suffi- 
cient to  enable  us  to  command  the  services  of  able  professors  in 
every  department  of  learning;  but  with  a  public  domain  of  102,- 
158,350  acres  of  land,  we  can  well  afford  to  set  apart  an  additional 
fifty  leagues,  which  will  certainly  be  a  sufficient  endowment  under 
any  possible  circumstances.  With'  $700,000  in  the  Treasury,  and 
a  revenue  of  $255,000,  and  the  State  free  from  debt,  we  may 
safely  appropriate  from  two  to  four  hundred  thousand  dollars  for 
the  purpose  of  erecting  the  necessary  buildings  that  will  stand  as 
just  monuments  of  state  pride,  and  be  of  incalculable  benefit  to 
thousands  yet  unborn. 

As  to  whether  we  shall  have  one  or  two  Universities,  there  seems 
to  be  some  diversity  of  opinion.  Some  are  in  favor  of  two — one 
to  be  located  in  the  East,  and  the  other  in  the  Western  portion 
of  the  State;  while  others,  and  I  trust  a  large  majority,  are  in 
favor  of  having  but  one,  and  that  that  one  may  be  of  such  a  char- 
acter as  to  reflect  credit  and  honor  upon  the  State,  and  one  of 
which  every  citizen  of  the  State  may  feel  justly  proud.  Sir,  while 
It  is  but  natural  that  we  should  like  to  see  our  own  section  prosper, 
and  that  it  should  be  assisted  as  much  as  possible  by  legislative 
aid,  it  is  nevertheless  to  be  hoped  that  sectional  feeling  will  not 
be  permitted  to  enter  into  a  matter  of  such  magnitude  and  interest 
to  every  citizen  of  the  State- — that  we  will  consider  the  matter 
maturely,  and  with  reference  to  the  interests  of  the  whole  State — 
and  that  our  convictions  of  right  to  the  State  at  large,  will  be 
our  rule  of  action,  regardless  of  local  interests,  lest  by  an  attempt 
to  accomplish  too  much,  we  defeat  the  very  object  we  desire  to 
attain. 

Were  it  a  mere  matter  of  dollars  and  cents,  then,  indeed,  sir, 
would  the  question  be  shorn  of  much  of  its  interest.  It  is  neverthe- 
less true,  that  economy  should  be  regarded,  when  other  circum- 
stances combine  to  make  it  the  better  legislation.  That  we  can 
better  lavish  upon  one  University  every  possible  facility  of  learn- 
ing, than  poorly  endow  two,  that  will  be  of  but  little  benefit  to  the 
people,  and  less  honor  to  the  State,  none  can  well  deny.  Then  if 
we  combine  economy  with  usefulness,  we  will  certainly  have  but 
one,  and  let  that  be  of  a  character  that  none  may  have  cause  to 
blush  for  shame.  But,  sir,  there  is  something  to  be  considered  in 
this  matter  of  deeper  interest  than  dollars  and  cents. 

Sir,  I  must  confess  my  surprise  at  the  position  assumed  by  the 
gentleman  from   Smith,   while  advocating  the  establishment  of  two 


A  Sourct   Book  of  I  In   University  of  Texas  113 

Universities — one  for  the  East  and  one  for  the  West.  Sir.  his  argu- 
ment is  certainly  fallacious  in  the  extreme,  and  is  not  supported 
by  experience.  He  urges  as  a  reason  why  we  should  establish  two 
Universities,  that  it  will  tend  to  allay  the  feeling  that  is  mani- 
fested in  many  portions  of  the  State  for  a  divison  of  the  State. 
Now,  sir,  let  us  see  if  this  reasoning  be  correct.  Establish  two 
Universities,  and  we  at  once  establish  sectional  interests — sectional 
interests  will  beget  sectional  feeling,  which  will  lead  to  sectional 
prejudices,  and  sectional  prejudices  will  enter  the  halls  of  Legisla- 
tion, and  eventually  will  fan  the  spark  into  a  flame  that  will  sever 
the  cords  that  bind  us  as  a  State.      Am  I  right  or  am  I  wrong? 

How  different,  sir,  will  it  be  if  we  establish  but  one  University. 
I  care  not  whether  that  one  be  located  upon  the  Eastern  boundary 
line  of  the  State,  or  whether  it  will  be  washed  by  the  waters  of 
the  Rio  Grande,  young  men  will  go  to  it  irom  every  portion  of 
the  State.  State  pride  will  prompt  them  to  gather  from  every 
portion  of  our  broad  domain  to  their  own  University.  .Chains  of 
friendship  and  affection  will  there  be  formed  between  them,  that 
the  strong  hand  of  time  itself  can  never  sev-er.  Sir,  it  will  form 
a  cord  that  will  bind  us  stronger  together  than  was  ever  Prome- 
theus chained  to  the  rock.  Then,  sir,  if  you  wish  to  preserve  the 
union  of  the  State,  and  desire  that  she  should  occupy  that  influen- 
tial position  in  the  Representative  Hall  of  the  Congress  of  the 
United  States,  which,  if  united,  she  is  destined  ere  long  to  occupy, 
tell  me  not  that  we  want  two  Universities.  Give  me  one — locate  it 
where  you   please — but   give  me  but  one. 

Sir,  having  the  honor  to  represent  a  portion  of  Western  Texas, 
I  cannot  refrain  from  noticing  for  a  moment  the  arguments  of 
the  gentleman  from  Harrison  (Mr.  Murrah),  while  discussing  the 
question  now  under  consideration.  With  all  the  ingenuity  of  the 
far  seeing  lawyer  that  he  is,  and  accustomed,  doubtless,  to  fore- 
stalling the  opinion  of  jurors,  when  he  has  the  opening  speech  on 
his  opponent,  he  has  endeavored  to  do  the  same  with  the  members 
of  this  House.  His  argument,  sir,  from  the  beginning  to  the  end 
of  it,  was,  not  in  favor  of  two  Universities  nor  against  the  establish- 
ment of  one,  but  to  show  that  Wcstc7-n  Texas  would  not  do  for  the 
location  of  that  University.  Now,  sir,  I  regret  that  the  question  of 
locality  has  been  permitted  to  enter  into  this  discussion,  when  I 
do  not  conceive  that  it  is  properly  before  us,  under  the  report  of 
the  Committee  on  Education — the  questions  there  presented  being, 
whether  we  shall  have  a  university  at  all,  and  if  so,  whether  we 
shall  have  one  or  two — the  question  of  locality  being  left  open 
until  these  preliminary  questions  shall  be  determined;  and  I  prom- 
ise I  will  occupy  but  a  few  moments  in  noticing  the  question  thus 
presented. 


8—227 


Ill  University  of  Texas  Bullet 

The  gentleman  Bays  we  have  an  immense  territory,  with  a  great 
ence  of  climate  between  the  Eastern  and  Western  portions  of 
the  State — probably  a  greater  difference  than  there  is  between  the 
States  of  Alabama,  Mississippi  and  Louisiana.  Admit  all  this.  He 
that  the  difference  oi  climate  is  so  great,  that  if  the  Univer- 
sity should  be  located  in  the  Western  portion  of  the  State,  parents 
in  the  East  would  send  their  sons  to  Virginia,  and  other  institu- 
tions at  a  distance,  rather  than  to  our  own  University.  Now,  sir, 
I  submit,  whether  the  difference  of  climate  is  greater  between 
Eastern  and  Western  Texas,  than  between  Eastern  Texas  and  Vir- 
ginia, New  Jersey,  Massachusetts  and  other  Northern  States  where 
we  know  parents  do  send  their  sons,  not  only  from  Texas,  but  from 
ali  the  Southern  States.  None,  sir,  surely  will  contend  for  it. 
this  objection  of  the  gentleman  must  fall  to  the  ground.  For 
if  Southern  students  can  stand  the  cold  climate  of  the  North  with- 
out injury,  they  can  certainly  stand  any  difference  of  climate  there 
may  be  between  Eastern  and  Western  Texas  without  any  injury 
whatever. 

The  gentleman  says  there  is  a  great  scarcity  of  wood  in  Western 
Texas,  which  would  render  it  necessary  to  use  stoves  instead  of 
fire  places,  which  would  be  very  objectionable  to  persons  coming 
from  a  timbered  region.  Now,  sir,  in  reply  to  this  I  have  only  to 
say,  that  here  or  any  other  place  in  Western  Texas,  where  there 
would  be  a  probability  of  locating  the  University,  we  have  timber 
enough  to  last  for  fire  wood  during  the  life  of  our  great-grand- 
children's children,  and  that  is  far  enough  ahead  for  us  to  legis- 
late for  fire  wood — by  that  time  we  will  have  railroads  to  bring  it 
here.  The  gentleman  urges  as  another  objection,  that  we  are 
subject  to  droughts  here  in  the  West,  which  causes  poor  crops, 
a  scarcity  of  provisions,  and  consequently  high  prices  for  board. 
Now,  sir,  I  venture  the  assertion,  that  we  can  get  every  article 
of  food  just  as  cheap  in  Western  as  Eastern  Texas,  except  it  be 
corn  or  meal,  and  I  presume  we  can  make  up  more  than  that  dif- 
ference in  the  hire  of  servants — for  if  they  are  to  make  good  crops 
all  the  while  in  Eastern  Texas,  and  we  poor  ones,  we  having  but 
little  for  our  servants  to  do,  can  certainly  hire  them  cheaper  than 
where  they  have  constant  and  profitable  employment  for  them. 
Then  this  objection  of  the  gentleman  must  fail.  Besides,  sir,  it 
is  not  to  be  presumed  that  the  hand  of  misfortune  will  always  be 
placed  upon  us.  We  have  made  good  crops  in  Western  Texas,  and 
there  is  no  good  reason  why  we  should  not  make  them  again.  He 
objects  to  our  water.  Good  cisterns,  sir,  can  remove  that  objection. 
We  can  and  do  use  cistern  water,  than  which  there  is  none  better, 
nor  more  healthv  in   Eastern  Texas  or  elsewhere. 


A  Sourct  Book  of  the  University  of  Texas  115 

Notwithstanding*  the  gentleman  would  have  us  believe  that  the 
West  would  be  so  unhealthy  and  unsafe  for  students  from  the 
East,  I  do  not  think  that  he  can  deny,  that  in  the  low  lands  and 
timbered  regions  of  Eastern  Texas  they  have  more  deaths,  and 
two  eases  of  chills  and   fever  to   where  we  have   one   in   the   West. 

(Mr.  Mubeah  said:  Will  the  gentlemen  allow  me  to  correct  him. 
I  did  not  say  that  Western  Texas  was  an  unhealthy  region,  but 
that  the  great  difference  in  climate,  the  sudden  changes  of  the 
weather,  and  difference  in  the  water,  would  be  a  serious  objection 
on  the  part  of  parents  to  sending  their  children  here.) 

Then,  Mr.  Speaker,  I  am  glad  the  gentleman  has  corrected  me, 
but.  sir,  if  he  did  not  intend  to  have  us  understand  that  Western 
Texas  was  unhealthy,  why.  I  ask,  were  all  his  arguments  about 
the  great  difference  in  the  climate,  the  sudden  changes  of  the 
weather,  and  the  great  risk  to  the  health  of  young  men  who  might 
come  here  from  the  East?  It  has  been  well  said,  "that  experience 
is  the  mother  of  wisdom;"  and,  sir,  we  know  from  the  experience 
of  years,  that  Western  Texas  is  healthy.  I  have  been  credibly  in- 
formed that  of  twelve  or  thirteen  hundred  students  who  have 
attended  Rutersville  College,  there  has  been  but  one  death.  Now, 
sir,  I  challenge  the  gentleman  to  point  to  a  single  institution  of 
learning  in  the  East  where  as  much  can  be  said  of  it.  But,  sir, 
believing  as  I  do,  that  the  question  of  locality  is  not  now  properly 
before  us,  I  will  not  attempt  to  present  the  claims  of  Western 
Texas,  and  have  noticed  briefly  some  of  the  objections  urged  by 
the  gentleman  from  Harrison,  only  in  justice  to  our  section  of  the 
State. 

Sir,  this  question  has  been  postponed  from  year  to  year,  and  no 
definite  action  had  upon  it.  Many  reasons  might  be  offered  why 
we  should  no  longer  defer  it. 

Gratitude,  sir,  to  our  benefactors,  is  a  debt  that  will  be  admitted 
by  all,  and  could  we  properly  appreciate  the  benefits  conferred, 
none  would  refuse,  as  far  as  possible,  to  pay  it.  But,  as  has  been 
well  remarked,  "what  causes  such  a  miscalculation  in  the  amount 
of  gratitude  which  men  expect  for  the  favors  which  they  have  done, 
is,  that  the  pride  of  the  giver  and  that  of  the  receiver  can  never 
agree  as  to  the  value  of  the  benefit."  We  trust,  how 
that  there  can  be  no  diversity  of  opinion  as  to  the  benefits  con- 
ferred by  the  Pioneers  of  Texas,  who  abandoned  the  homes  of 
their  childhood  and  the  friends  of  their  youth,  for  a  habitation 
here,  where  there  was  no  kind  hand  to  greet  them,  and  no  friendly 
smile  to  cheer  them  to  endure  the  hardships  that  awaited  them. 
Aided  by  their  unerring  rifle,  their  companion  by  day  and  by  night, 
they  have  subdued  the  savage  foe — "have  caused  the  wilderness 
to  blossom  as  the  rose" — and  have  acquired  a  territory  that  will 
contain    the    homes    of    millions    of    the    contented    and    free.        Tis 


116  University  of  Texas  Bulletin 

true  that  many  of  them  fell  upon  the  field  of  battle,  in  defense 
of  their  homes,  and  now  "sleep  their  last  sleep"  in  the  bosom  of 
the  land  that  they  loved.  Many  have  been  cut  down  from  the 
stage  of  action  by  the  scythe  of  time — and  "the  blossoming  heads" 
of  the  few  who  still  linger  amongst  us,  tell  us  that  their  stay  with 
us  will  be  short — yet  it  will  be  gratifying  to  them  to  know  that 
the  State,  for  the  welfare  of  which  they  have  devoted  the  prime 
of  their  lives,  has  the  means  within  herself  by  which  their  children 
and  their  children's  children  may  be  educated  and  prepared  to  dis- 
charge with  honor,  the  responsibilities  that  will  devolve  upon 
them  when  they  shall  have  passed  from  the  stage  of  action.  That 
they  may  see  the  fruits  of  their  labors  let  us  act  at  once.  Let  us 
bury  sectional  prejudices  under  the  altar  of  state  pride.  Let  us 
establish  a  University  that  may  ever  stand  as  a  monument  of 
greatness.  Let  us  place  our  State  in  that  position  among  her 
sister  States  of  the  Union,  that  destiny  has  decreed  she  should 
occupy — that  she  may  stand  preeminently  proud  even  among  the 
proudest  of  the  proud. 

House,  November  28,  1857;  pp.  83-85 

University 

On  the  proposition  lo  establish  one  State  University.  After  the 
remark  of  Messrs.  Dennis  and  Hicks, 

Mr.  Price  said: — I  had  not  designed  to  occupy  the  attention  of 
the  Legislature  with  any  additional  arguments  upon  this  subject. 
And  I  do  not  know  that  I  would  now  detain  the  House  for  a  moment, 
were  it  not  for  the  fact  that  views  have  been  expressed,  ideas  have 
been  advanced,  positions  have  been  taken,  which  to  my  mind  at 
least  are  novel,  are  singular,  and,  as  I  humbly  conceive,  not  in  ac- 
cordance with  the  feeling  of  the  masses  in  reference  to  the  great  sub- 
ject of  educational  interests.  The  honorable  gentleman  from  Jasper 
who  has  just  taken  his  seat,  (Mr.  Hicks,)  has  expressed  some  notions 
in  regard  to  State  institutions  which  I  confess  I  had  supposed  were 
obsolete.  I  had  supposed  such  positions  had  long  since  been  aban- 
doned, given  up  and  forgotten. 

Why,  sir,  the  picture  he  has  drawn  is  not  only  graphic  but  start- 
ling on  account  of  its  very  hideousness,  so  much  so  as  to  strike 
the  mind  of  every  member  at  the  very  first  blush  as  being  the 
production,  I  will  not  say  of  imagination,  but  the  unfounded  fore- 
bodings of  one  who  at  least  has  not  gone  fully,  calmly  and  dis- 
passionately into  all  the  ground  embraced  in  the  discussion.  I 
am  not  a  physician,  sir,  but  if  I  were  called  upon  in  that  capacity 
to  give  a  diagnosis  of  the  symptoms  of  his  case,  I  should  be  com- 
pelled to  say  that  that  gentleman  had  but  recently  recovered  from 
a  severe  attack  of  the  night-mare. 


A  Source  Book  of  the  University  of  Texas  117 

Why,  sir,  is  it  possible  in  regard  to  this  great  subject  of  educa- 
tion, a  subject  so  completely  identified  with  the  very  life-blood 
of  the  State,  a  subject  which  runs  through  and  permeates  every 
vein  and  muscle  of  this  body  politic  of  ours,  that  we  cannot  ap- 
proach it  without  danger  of  being  charged  with  a  reckless  disregard 
of  the  public  interests  as  regards  the  land  and  money  of  the  State; 
inaugurators  of  a  policy  eminently  calculated,  and  tending  directly 
and  inevitably  to  a  disruption  of  the  bonds  of  union,  as  between 
East  and  West,  or  without  laying  ourselves  liable  to  be  charged 
with  being  sectional  in  feeling?  I  think  not,  sir,  I  think  all  such 
direful  apprehensions  are  chimerical — creatures  of  a  distempered 
imagination.  But  come  to  the  main  question.  I  desire  to  look 
at  this  thing  in  a  practical  light  and  to  get  at  the  main  question ; 
to  evolve  and  discuss  it,  and  let  matters  subsequent  in  point  of 
time  and  inferior  in  importance  be  deferred  until  the  proper  period 
for  taking  action  in  regard  to  them. 

The  first  question  is — will  we  have  a  State  University?  To  that 
proposition  almost  every  mind,  without  waiting  for  argument, 
without  waiting  for  discussion,  without  any  preconsideration  what- 
ever would  say  yes.  And  why?  For  the  simple  reason  that  it 
has  been  deemed  through  the  history  of  this  union,  and  conceded 
by  the  experience  of  all  civilized  nations,  that  intelligence,  morality, 
and  a  high  order  of  education  among  the  masses  are  the  broad  and 
deep  and  indestructible  foundation  stones  upon  which  rest  the 
energy,  the  character,  and  the  position  of  a  State  and  of  a  nation. 
Not  upon  her  geographical  limits;  not  upon  the  amount  of  her 
population,  so  much  as  upon  the  moral  and  intellectual  elevation 
of  that  population.  Whatever  you  can  bring  of  energy,  of  liberality, 
of  self-abnegation  and  of  pure  and  exalted  patriotism  to  the  accom- 
plishments of  these  ends,  will  be  legitimate  and  productive  of  in- 
calculable good,  present  and  future.  The  matter  then  to  be  desired, 
the  object  to  which  we  should  bend  our  energies,  is  that  Texas  may 
occupy  with  respect  to  other  States  her  legitimate  and  proper 
position  in  matters  of  education.  Some  of  the  older  states  have 
already  set  her  an  example  worthy  of  emulation. 

I  have  said  that  a  high  order  of  intelligence  and  a  high  standard 
of  morality  diffused  throughout  the  great  masses,  constitute  the 
great  levers  by  which  a  State  is  elevated  in  the  eyes  of  the  world, 
and  by  which  she  can  be  armed  and  equipped,  and  with  a  self- 
relying  consciousness  of  her  own  prowess  participate  in  the  grand 
intellectual  and  moral  combat  going  on  in  the  civilized  world. 
How  has  it  been  with  other  States — with  Virginia,  South  Carolina 
and  Missouri?  Has  the  struggle  been  with  them  a  mere  matter 
of  dollars  and  cents?  A  miserly  and  parsimonious  effort  to  educate 
with  as  little  expense  as  possible?  No!  The  idea  has  been,  educa- 
tion,   general    intelligence,    and    morality,    are    cheap    at    any   outlay 


lis  Univ'ersity  of  Texas  Bulletin 

of  dollars  and  cents.  Then  in  order  to  place  Texas  on  the  footing 
entitled  to  and  give  her  a  proper  status  in  the  Union,  we 
must  place  within  the  reach  of  her  sons  all  the  means  of  education 
she  is  ahle  to  command,  and  let  her  ascend  by  regular  gradation 
until  she  occupies  Hi"  position  she  is  entitled  to  occupy,  and  which 
she  has  the  means  at  all  times  to  command.  Let  her  inauguarate 
no  narrow,  no  parsimonious  or  niggardly  policy  in  matters  of  edu- 
cation. 

Another  argument  in  favor  of  a  State  University  is  this:  You 
cannot  have  a  first  class  institution  of  learning,  one  that  is  com- 
mensurate with  the  wants  and  wishes  of  the  people,  unless  it  is 
established  by  State  aid  and  kept  under  State' control,  for  the  simple 
reason  that  you  cannot  concentrate  a  sufficient  amount  of  wealth, 
of  unity  of  action  or  of  interest  unless  it  be  by  State  aid. 

In  building  up  institutions  of  learning,  we  are  all  aware  of  the 
fact,  that  there  is  no  unanimity,  no  concentration  of  effort  outside 
of  each  particular  sect  or  denomination.  And  no  one  of  these 
denominations  has  the  capacity  or  means  of  building  up  a  first 
rate  institution  of  learning.  In  order  to  accomplish  this  end,  to 
fill  this  great  educational  desideratum  which  now  exists,  a  Uni- 
versity of  the  first  order  should  be  built  by  the  State,  and  it  should 
emphatically  be  a  first  cbiss  one,  and  should  occupy  ground  as 
high,  and  a  position  as  commanding,  an  influence  as  extensive, 
as  any  in  the  older  states.  Our  means  are  more  ample  than  theirs; 
and  our  wonts  equally  as  great.  It  is  obvious  to  every  man  who 
has  looked  at  this  subject  for  a  moment,  and  who  has  gained 
wisdom  by  reference  to  the  efforts  of  older  States  in  this  behalf, 
that  in  giving  to  an  institution  of  this  kind  its  proper  usefulness, 
the  highest  possible  good  should  be  aimed  at;  liberalty  of  feeling, 
sentiment  and  endowment  should  characterize  every  effort  made 
in  the  accomplishment  of  this  end,  leaving  out  of  sight  entirely 
the  question  of  locality,  for  I  do  not  believe  that  question  should 
be  discussed  at  present. — First  say.  we  will  have  but  one — then 
endow  it  with  large  liberality — then  fix  the  detail  of  its  manage- 
ment, and  then,  and  not  till  then,  talk  of  the  location. 

The  State  possesses  the  only  means  of  affording  a  legitimate 
and  intelligent  and  effective  board  of  trustees,  and  one  that  can 
command  the  respect  of  the  whole  people.  What  I  mean  is,  that 
the  Governor,  Lieutenant-Governor,  Supreme  Bench,  Attorney  Gen- 
eral, Treasurer,  and  Commissioner  of  the  General  Land  Office,  with 
others  to  be  suggested  by  time  and  circumstances,  might  be  formed 
into  a  board  of  trustees,  in  whose  hands  might  be  entrusted,  with  the 
utmost  confidence,  every  interest  of  the  institution,  and  who  from 
their  relative  positions  in  State  affairs,  could  co-operate,  and  doubt- 
less would,  to  place  the  institution  on  high  ground,  with  the  largest 
and  surest  capacity  for  certain  and  extensive  usefulness. 


A  Source  Book-  of  tin  University  of  Texas  11!' 

Admitting  this  proposition  to  be  true,  the  next  question  is,  shall 
there  be  one  University  or  two?  The  Mends  of  the  proposition 
for  two  institutions  have  rested  their  whole  argument  upon  the 
ground  of  convenience  alone.  Well,  sir,  an  argument  of  that  kind, 
when  viewed  in  connection  with  the  importance  of  the  subject,  ife  not 
certainly  worthy  of  serious  consideration.  The  intention,  the  purpose, 
the  proposed  character,  the  anticipated  influence  of  an  institution 
of  this  kind,  when  viewed  in  connection  with  an  objection  of  ths 
kind,  stand  out  boldly  and  above  the  mere  matter  of  convenience 
to  any  section  or  any  neighborhood.  We  propose  to  elevate  the 
State  in  an  educational  point  of  view.  We  propose  something  that 
shall  exert  its  influence  throughout  the  limits  of  the  State;  that 
shall  extend  its  blessings  and  benign  influences  to  every  family 
upon  Texas  soil. 

It  has  been  stated  here  that  there  are  causes  in  operation  tending 
to  a  disruption  of  the  bonds  which  keep  us  together  as  one  and 
an  entire  State,  which  will  ultimately  rend  them  asunder,  and  make- 
two  or  more  States  out  of  what  is  now  the  State  of  Texas.  I  con- 
fess it  affords  me  no  pleasure  to  look  at  the  picture,  drawn  in  colors 
so  dark  and  forbidding.  And  the  very  arguments  assigned  by 
gentlemen  for  the  creation  of  two  institutions  of  learning,  are  the 
main  spring,  the  most  powerful  and  efficient  causes  which  are  con- 
ducing and  will  ever  conduce  to  consummate  this  very  design. 
Why,  sir,  if  there  is  to  be  a  rivalary  instituted  and  maintained  by 
the  different  section  of  this  State  as  between  East  and  West,  this 
view  of  the  case  will  be  realized,  and  we  shall  find  the  East  and 
West  with  distinct  interests,  distinct  aims,  with  jealousies  and 
with  alienations  of  feelings,  ingrained,  cultivated  and  encouraged, 
until  every  bond  of  union  and  tie  of  friendship  is  torn  asunder. 
How  are  we  to  avoid  this?  Not  by  establishing  rival  Universities. 
We  would  avoid  it,  however,  by  establishing  but  one,  which  would 
be  resorted  to  from  every  portion  of  the  State.  It  would  be  the 
means  of  producing  friendships  and  affinities  and  regards,  that 
would  run  throughout  all  the  different  circles  of  society  and  relations 
of  life,  and  cement  and  bind  together  the  State  of  Texas,  perhaps 
more  certainly  and  permanently  than  any  other  cause  that  could 
be  brought  to  bear  in  the  accomplishment  of  this  great  and  in- 
estimable purpose. 

This  is  known  and  has  been  seen  and  felt  by  men  of  the  South 
everywhere.  And  in  consequence  we  have  the  plan  now  agitated 
in  the  South  of  endowing  one  great  central  Southern  University, 
forming  a  nucleus  around  which  the  sons  of  the  South  may  gather 
and  form  their  friendships,  being  the  most  certain  means  of  uniting 
and  cementing  the  South.  This,  sir,  would  be  a  rallying  point; 
a  high  classic  ground;  a  place  where  the  young  men  of  the  South, 
from  every  State  of  the  South,  may  go  up  and  furnish  their  alliances 


120  University  of  Texas  Bulletin 

and  associations,  and  by  so  doing  be  better  enabled  to  maintain 
the  integrity  of  the  South.  Are  not  the  cases  analogous?  Perfectly 
so.  Every  son  of  Texas  soil,  educated  at  such  an  institution  as  we 
propose,  would  leave  its  consecrated  walls  with  th-e  proud  and  en- 
nobling feeling  that  I  am  a  Texian  and  not  an  Eastern  or  a  Western 
man.  Those  geographical  lines  would  soon  be  forgotten. — But 
establish  two  and  the  reverse  of  this  proposition  will  inevitably 
follow,  and  the  brightest  gem  upon  the  fair  brow  of  our  young 
and  growing  State,  will  be  plucked  away  and  cast  in  the  dust. 
Her  beauty,  her  glory  will  have  departed.  Then  if  we  would  break 
down  and  eradicate  any  disposition  of  this  kind  to  separate  the 
East  from  the  West,  the  best  and  most  effectual  means  would  be 
building  up  one  great  Central  State  University.  As  to  its  location, 
let  that  be  a  matter '  for  future  consideration.  But  be  that  as  it 
may,  East  or  West,  it  does  seem  to  me  that  there  is  ample  reason 
for  creating  a  State  University,  and  for  creating  but  one.  And 
the  very  simple  fact  that  two  would  involve  an  outlay,  if  you  place 
them  on  high  ground,  of  a  vast  amount  of  money,  demanding  a 
large  expenditure,  without  increasing  in  the  same  proportion,  the 
benefits  to  be  derived  from  it  is,  to  say  the  least  of  it,  in  a  financial 
point  of  view,  a  strong  reason  for  creating  but  one. 

But  it  has  been  said  that  this  institution  will  not  be  resorted 
to  by  sons  of  the  poor  men  of  the  country;  that  its  advantages 
will  be  restricted  to  the  favored  few  who  have  the  means  of  attaining 
an  education  at  any  and  every  cost.  Such  I  do  not  consider  the 
fact.  It  will  not  be  so  if  this  University  is  established  upon  the 
principles  which  I  am  satisfied  the  lights  around  us  will  enable 
us  to  adopt.  Endow  it  with  sufficient  liberality  to  throw  wide  its 
portals — with  tuition  gratis  for  every  Texan,  rich  or  poor.  Adopt 
this  plan  and  we  will  place  its  advantages  within  the  reach  of 
almost  every  man  within  the  entire  country,  without  distinction. 

I  would  not  vote  for  an  institution  to  be  based  upon  the  old 
plan  of  college  graduation.  But  I  would  have  as  it  were  a  system 
of  Colleges,  upon  the  German  plan  of  a  University,  with  no  expense 
attachments  to  the  College  of  any  kind,  leaving  it  optional  with 
the  student  to  select  his  own  course  of  study,  and  determine  for 
himself  the  time  he  should  remain  there.  I  would  have  him  graduate 
in  any  branches  he  might  see  proper,  and  board  how  and  where  ha 
may  choose.  A  University  established  in  this  way  would  afford 
the  facilities  desired  now,  and  would  place  education  within  the 
reach  of  nearly  every  man  in  the  country.  Then  it  does  seem  to 
me  that  the  objection  that  it  would  not  be  accessible  to  the  masses 
is  an  objection  existing  more  in  the  imagination  of  gentlemen  than 
in  reality. 

If  on  this  great  and  important  question  it  is  decided,  that  we 
will  have  a  Universitv  and  but  one    if  the  details  cannot  be  mads 


A  Soura   Book  of  the  University  of  Texas  121 

subservient  to  the  interests  of  the  masses,  it  will  be  time  enough 
then  to  interpose  the  objections  which  have  been  urged. 

Thus,  Mr.  Speaker,  I  have  briefly  given  you  the  skeleton  or 
outline  of  what  I  conceive  should  be  the  prominent  features  of  this 
great  enterprise,  with  a  few,  and  but  few  of  the  many  cogent  reasons 
that  might  be  urged  in  its  behalf.  I  trust,  sir,  there  will  be  but 
little  division  of  sentiment  when  we  come  to  vote  on  this  matter — 
a  matter,  the  magnitude  and  importance  of  which  can  scarcely  be 
realized,  unless  with  prophetic  ken  we  could  look  far  into  the  dim 
and  shadowing  vista  of  coming  years,  and  behold  the  gigantic 
achievements  of  the  arts  and  sciences.  I  trust,  sir,  that  gentlemen 
upon  this  floor  will  for'  the  time  forget  the  geographical  sections 
which  they  represent,  and  will  march  square  up  to  this  work,  with 
a  proud  consciousness  that  is  worthy  our  best  ■energies  and  noblest 
sacrifices. 

Mb.  Bbown: — I  have  taken  no  part  in  this  discussion  hitherto,  and 
shall  not  now  detain  the  House  for  more  than  five  minutes. 

This  is  a  simple  resolution  expressing  the  sense  of  this  House 
that  we  will  endow  but  one  University  in  contra-distinction  to  two. 
What  I  wish  to  call  the  attention  of  members  to  is  the  fact  that 
most  of  the  discussion  here  is  based  upon  the  idea  that  if  it  is 
decided  that  one  University  shall  be  created,  it  is  proposed  to  grant 
four  hundred  thousand  dollars  in  money  and  a  hundred  leagues 
of  land  for  the  purpose  of  carrying  out  that  object.  Now,  sir,  I 
am  in  favor  of  one  University.  Many  of  the  gentlemen  who  have 
spoken  on  the  subject  have  sufficiently  explained  their  reasons  to 
impress  my  mind  in  favor  of  one.  But  I  am  opposed  to  establish- 
ing a  University  with  so  large  an  appropriation  either  in  money 
or  land.  I  am  opposed  to  appropriating  more  than  two  hundred 
or  two  hundred  and  fifty  thousand  dollars  at  most  in  money,  and 
I  do  not  care  whether  you  appropriate  any  land  or  not.  We  have 
already  set  apart  fifty  leagues  for  this  purpose. 

I  take  this  view,  that  the  amount  I  have  mentioned  will  be 
enough  to  provide  the  necessary  buildings  and  every  thing  th« 
institution  may  require  at  this  time.  And  I  think  something  should 
be  left  to  future  legislators  to  act  upon.  I  do  not  think  all  the 
wisdom  of  Texas  is  in  this  hall,  and  am  willing  to  leave  our  suc- 
cessors the  means  of  profiting  by  experience. 

Suppose  that  after  a  while  public  opinion  should  change  against 
this  meausre.  Suppose  our  expectations  in  relation  to  it  should 
fail.  Is  there  any  sound  reason  on  earth  why  we  should  appro- 
priate more  than  is  necessary  to  establish  and  put  the  University 
in  operation?  If  the  institution  succeeds,  as  we  hope  it  may,  then 
the  State  will  stand  by  it  and  make  needful  appropriations  from 
time  to  time.  But  let  us  leave  it  for  future  Legislatures  to  de- 
termine   whether    it    proves    to    be    an    institution    worthy    of    State 


122  University  of  Texas  Bulletin 

patronage  or  not,  and  leave  something  for  them  to  appropriate 
if  it  shall  become  necessary. 

As  to  the  location  of  this  institution,  I  don't  care  three  groats 
where  it  is  located.  It  it  were  left  to  me,  I  could  name  the  bounds 
within  which  I  think  it  should  be  situated,  for  I  have  lived  all 
over  the  State,  and  am  as  free  from  sectional  feeling  as  any  man 
on  earth.  It  should  be  located  with  a  view  to  meet  the  demands 
of  our  population,  when  this  State  becomes  filled  up  with  millions 
upon  millions  of  inhabitants.  I  would  prefer  to  place  it  at  jome 
suitable  point  between  the  Brazos  and  the  Trinity,  and  between 
latitudes  thirty  and  thirty-three. — For  there  it  will  be  most  con- 
venient to  the  population  which  is  to  come  after  us,  and  especially 
if  our  system  of  railroads  is  developed  and  carried  into  full  practical 
operation,  it  will  there  be  most  accessible  from  all  parts  of  the  State. 

I  now  desire  to  make  a  few  remarks  in  reply  to  the  gentleman 
from  Jasper  (Mr.  Hicks)  on  the  sectional  question.  I  came  to 
Texas  when  quite  a  youth,  and  was  present  at  the  first  session  of 
Congress  which  was  held  in  this  city,  eighteen  years  ago.  I  have 
spent  a  number  of  years  on  the  Western  frontier,  and  being  thrown 
into  association  in  the  volunteer  service  with  men  from  all  parts 
of  the  country,  I  had  as  good  opportunities  as  any  young  man  to 
judge  of  the  spirit  of  sectional  feeling  which  formerly  prevailed 
among  us.  For  the  last  twenty  years  this  feeling  has  been  con- 
stantly growing  less  and  less.  And  I  say  it  is  less  to-day  by  one 
hundred  per  cent  than  it  was  ten  or  twenty  years  ago.  At  that 
time  there  was  an  actual  feeling  of  hostility. — This  feeling  was  in 
me,  Mr.  Speaker.  We  felt  that  the  West  had  the  brunt  of  the 
battle  to  encounter;  that  the  East  was  not  molested  by  an  invading 
enemy;  and  that  while  she  had  the  voting  population,  the  West 
had  the  burthens  to  bear.  This  sectional  feeling  was  fostered,  as 
I  believe,  by  Sam  Houston,  then  the  great  gun  of  the  country. 
I  never  voted  for  him;  I  never  would.  And  I  believe  as  Sam 
Houston's  influence  has  declined,  this  sectional  antipathy  between 
the  East  and  the  West  has  grown  less  and  less". 

The  intelligence  and  liberality  of  the  people  should  always  frown 
down  this  contracted  feeling — this  unpatriotic  feeling. — We  all  meet 
together  biennially  as  the  representatives  of  one  people — yes,  we 
do  so  now!  There  is  no  such  thing  as  sectional  feeling;  it  is  obso- 
lete; it  is  a  by  gone  idea.  Let  it  never  revive.  What  it  the  East?  A 
portion  of  our  beloved,  and  in  fact  a  small  portion — I  mean  the 
old  East.  We  have  had  a  new  empire  grow  up  here  to  the  North 
in  our  glorious  State.  And  if  there  is  any  distincition  to  grow  up, 
it  will  be  between  the  Northern  and  the  Southern  portion  of  the 
State.  But  that  may  never  be.  Sir,  I  regard  this  idea  of  a  diversity 
of  soil  and  climate  leading  to  a  division  of  the  State  as  wholly 
unfounded.  On  the  contrary,  I  draw  from  this  diversity  the  strongest 


A  Source  Book  of  the  University  of  Texas  123 

argument  for  union,  based  on  domestic  exchange  and  domestic 
trade — mutual  exchange.  When  railroads  are  completed  from  the 
North  to  the  South,  Red  River  and  Galveston  will  be  neighbors- 
These  very  things  will  bind  us  together,  so  far  as  they  operate. 
The  great  size  of  the  State,  however,  and  that  alone  in  view  of 
Southern  strength  in  Congress,  I  am  free  to  admit,  may  induce  an 
ultimate  division  into  three  states;  but  there  is  much  and  will 
continue  to  be  much  to  bind  this  people  together  for  all  time  to 
come. 

If  Texas  shall  ever  be  divided,  in  my  humble  judgment,  it  will 
be  for  the  purpose  of  giving  us  more  strength  in  the  Congress  of 
the  United  States,  and  not  for  the  purpose  of  conferring  any  benefit 
upon  our  people  at  home.  And  that  is  the  only  motive  which 
would  ever  induce  me  by  my  vote  to  sanction  a  division  of  our 
State.  A  division  would  seem  to  me,  whose  heart  I  humbly  trust 
is  large  enough  to  love  nil,  all  Tents,  like  the  severance  of  a  long 
blessed  family  tie — like  bursting  the  cords  of  love  which,  springing 
from  the  spirit  of  God  himself,  had  bound  together  for  life  two 
angelic  twin  sisters. 

Mr.  Speaker,  if  it  ever  comes  that  Texas  mush  divide,  I  pray 
in  humility  that  we  shall  divide  as  brothers,  for  great  reasons  of 
State — for  a  high  and  noble  purpose, — but  in  anger  never'  never!  ! 
To  a  petty  sectional  feeling  I  shall  never  lend  aid  or  countenance; 
but  to  make  the  South  strong,  united  and  great,  I  would  ever  be 
prepared  to  sacrifice  much — as  much  as  for  any  object  this  side 
of  the  grave. 

Mr.  Ward  said: — Mr.  Speaker,  I  am  confident  that  this  is  a  ques- 
tion of  too  great  importance  to  be  hurried  through  this  House. 
And  I  am  fully  assured  of  this  fact  from  the  discussion  which' 
has  already  taken  place,  and  the  conflicting  opinions  which  exist 
between  the  members  on  this  floor.  I  must  candidly  admit  that 
I  am  not  prepared  to  vote  for  the  resolution,  nor  am  I  prepared 
to  discuss  the  propriety  of  its  passage.  It  is  a  subject  in  which 
every  county  in  the  State  has  a  direct  interest,  and  which  may 
truly  be  said  the  gravest  and  greatest  question  which  has  been 
presented  to  the  House;  and  one  which  has  not  been  properly 
considered.  I  will  therefore  move  a  postponement  of  the  whole 
subject  until  the  second  Monday  in  December,  '  by  which  time 
we  may  each,  and  every  one  of  us,  come  up  and  vote  upon  it 
understandingly,  after  having  given  it  that  consideration  which 
its  importance  demands. 

On  motion  of  Mr.  Poao  the  House  adjourned  till  Monday,  10:00 
o'clock,  A.  M.,  pending  Mr.  Ward's  motion  to  postpone  until  tlu> 
2d  Mondav  of  December. 


124  University  of  Texas  Bulletin 

House,  December  14,  1857;  pp.  105-108 

University  Resolution 

The  resolution  to  establish  one  University  was  again  taken  up,  and 
Alii.  Jennings  offered  a  substitute,  to  locate  one  branch  in  the  Eastern 
portion  of  the  State. 

Whereupon    Mr.   Ward   made   the   following   remarks: 

Mr.  Speaker — I  have  thus  far,  during  the  animated  discussion  on 
this  subject,  been  a  silent  witness  of  the  scene,  and  have  not  as 
yet  publicly  expressed  my  humble  opinions  upon  the  question, 
which  I  conceive  to  be  perhaps  of  more  importance  than  any  other 
that  will  be  brought  before  the  Legislature  during  its  present  ses- 
sion. The  subject  then  being  of  such  weight  and  general  interest, 
it  behooves  us  to  give  it  a  calm  and  deliberate  investigation.  And 
I  must  here  be  permitted  to  say  that  I  have  been  surprised,  and 
greatly  astonished,  to  see  some  members  upon  this  floor  endeavor- 
ing to  hurry  this  resolution  through  in  hot  haste,  and  seem  un- 
willing and  deeply  chagrined  because  Hon.  members  desire  to 
postpone  to  a  certain  day,  for  the  purpose  of  giving  the  subject 
that  investigation  its  great  importance  demands.  Some  members 
on  this  floor,  whose  course  in  this  discussion  I  fully  endorse,  have 
been  anathematized  and  denounced,  because  they  were  the  first  to 
rise  and  call  the  attention  of  the  House  to  the  importance  of  the 
resolution.  Then,  upon  a  like  principle,  may  I  not  expect  to  be  con- 
demned and  almost  beheaded  for  my  sectional  and  contracted 
views. 

1  shall  not  enter  upon  the  discussion  of  the  subject,  by  making 
the  broad  assertion  that  no  member  of  this,  floor  shall  outstrip  me 
in  making  liberal  donations  for  the  purpose  of  establishing  a  sound 
and  permanent  system  of  Education.  But  the  mode  and  manner 
in  which  the  system  shall  be  indoctrinated,  is  the  question  about 
which  members  will  differ.  Let  us,  then,  in  the  outset,  take  a 
plain  and  practicable  view  of  the  subject,  and  not  permit  our  minds 
to  be  led  astray  by  the  eloquent  and  partiotic  demonstrations  made 
by  Hon.  members,  without  giving  a  spark  of  a  reason  why 
their  proposed  plan  should  be  adopted.  I  can  see  no  reason  for 
such  hurry  and  bustle  on  this  resolution,  unless  it  be  an  overgrown 
desire  to  be  hailed  as  god-father  or  founder  of  this  imaginary  Uni- 
versity— forgetting  in  the  undue  excitement  of  the  moment,  that 
there  are  facts  and  preliminary  questions  which  must  be  settled 
before  this  matter  will  meet  the  united  approbation  of  the  different 
sections  of  our  wide  and  fertile  country.  When  we  take  a  retro- 
spective view  of  this  subject,  we  find  that  as  far  back  in  our  his- 
tory as  1839,  it  was  thought  proper  and  expedient  for  the  State 
or  Republic    of    Texas,    to    have  two  Universities    or  Colleges.      If 


A  Source  Book  of  the  University  of  Texas  125 

Texas  at  that  early  period  in  her  history,  thought  and  deemed  it 
necessary  (when  she  had  but  a  handful  of  citizens  in  comparison 
with  her  now  immense  population*  to  endow  two  institutions,  what 
reasonable  mind  can,  for  one  moment,  entertain  the  idea  that  her 
demands  are  not  now  greater  than  at  this  early  epoch  in  her  his- 
tory. By  reference  to  the  discussions  upon  the  passage  of  the 
act  of  1839,  it  will  be  seen  that  the  same  arguments  were  used 
as    have    been    promulgated    during    this    lengthy    discussion. 

Our  State  possesses  wealth  sufficient  to  establish  more  insti- 
tutions of  learning  than  any  other  State  that  has  ever  been  admit- 
ted into  the  confederacy.  Why  not,  in  view  of  these  facts,  if  the 
people  desire  it,  make  liberal  donations  at  this  time  for  the  pur- 
pose of  carrying  out  this  policy  in  future.  The  only  proper  mode 
of  acertaining  the  popular  will  on  this  subject,  is  through  the 
manifest  representations  of  the  agents  of-the  people,  who  have,  this 
day,  by  their  vote  on  the  amendment  proposed  by  the  gentleman 
from  Cherokee  (Mr.  Jennings),  openly  and  boldly  proclaimed  that 
they  desire  more  institutions  than  one.  But  why  do  members  on 
this  floor  come  forth  with  such  sweeping  denunciations  of  section- 
alism on  the  part  of  the  East,  because  we  who  occupy  our  places 
here  from  that  section,  think  it  but  for  the  general  interest  of  the 
State  at  large,  that  more  institutions  than  one  should  be  endowed, 
and  receive  liberal  donations  from  the  treasury  and  public  domain 
of  the  State.  I  here  say,  that  I  intend  to  deal  candidly  with  this 
subject,  and  not  permit  myself  gagged  to  the  exclusion  of  opinions 
which  I  have  and  do  now  entertain.  Past  and  present  circum- 
stances have  riveted  the  conviction  upon  the  mind,  that  at  no  very 
distant  day  this  large  and  extensive  State  of  ours  will  divide.  This 
subject  has  oftentimes  been  discussed,  and  very  many  who  are 
the  advocates  of  a  division,  are  scorned  and  cowered  into  silence 
by  those  whose  mouths  are  filled  with  honeyed  words  or  braga- 
docio  threats,  fearful,  if  they  make  a  public  declaration  of  this 
kind,  that  they  will  be  decapitated.  I  do  not  here  intend  to  con- 
vey the  idea,  or  make  the  impression,  that  we  should  legislate  with 
a  view  to  this  future  occurrence.  I  would  ask  gentlemen  on  this 
floor,  if  we  are  under  no  obligations  to  our  Southern  sister  States 
to  form  more  States  than  one  if  they  claim  it  at  our  hands.  Did 
we  not  solemnly  promise  this  in  our  articles  of  annexation?  And 
should  they  make  the  request,  and  we  refuse  to  comply,  it  would 
be  recreant  to  the  trust  reposed  in  us,  and  basely  unworthy  of  the 
high  and  honorable  position  which  we  now  occupy  among  the 
bright  stars  that  cluster  in  the  constellation.  The  different  sections 
of  our  State  are  not  identical  in  interest,  and  although  it  may  be 
politic    to    remain    undivided,    yet    when    interest    demands    it    the 


126  University  of  Texas  Bulletin 

masses  will  rise  and  claim  it.  I  make  these  suggestions  for  the 
purpose    of   applying    the    remarks    which    I   have   made. 

Now  suppose  we  unanimously  adopt  the  resolution  that  we  will 
establish  but  one  University,  and  that  one  in  the  East  (for  the 
sake  of  argument,)  and  bestow  upon  that  instruction  the  most, 
ificent.  donations  that  we  have  any  record  of  in  the  annals 
of  history — yes,  build  up  an  institution  which  shall  far  excel  the 
delusive  pictures  which  have  been  drawn  by  the  infatuated  hrain 
of  some  members  on  this  floor — and  when  you  have  accomplished 
all  this,  then  the  State  should  dissever,  would  it  be  just  or  right  that 
one  section  should  alone  possess  this  mammoth  enterprise,  reared 
up  and  sustained  by  the  common  blood  and  treasury  of  the  whole 
State?  Perhaps  gentlemen  may  think  this  picture  too  highly 
drawn,  but  is  it  unreasonable  or  improbable?  I  think  not.  It  is 
certainly  not  a  chimerical  hallucination  of  the  brain,  but  a  conclu- 
sion adduced  from  a  fair  and  thoughtful  investigation  of  the  sub- 
ject. 

A  few  more  suggestions  and  I  have  done.  Let  us,  at  this  ses- 
sion of  the  Legislature,  make  extensive  donations  for  the  purpose 
of  establishing  in  the  future  two  State  institutions  of  learning,  one 
in  the  East  and  one  in  the  West.  We  now  have  the  land,  and  if  we 
wait  a  few  years  more  the  Legislature  will  squander  the  entire 
public  domain,  and  the  State  can  never  carry  out  that  grand  idea 
of  Education  which  seems  now  to  be  her  purpose.  Let  us,  further- 
more, make  liberal  donations  to  other  institutions  which  are  rear- 
ing themselves  amongst  us  as  temples  of  light  and  knowledge;  for 
from  these  and  the  common  schools  of  our  country  will  inevitably 
come  forth  more  useful  citizens,  more  soldiers  to  bear  the  brunt 
of  battle,  and  more  Divines  to  spread  the  light  of  the  Gospel,  than 
from  all  the  Universities  that  have  ever  been  erected  and  endowed 
by  all  the  States  of  this  glorious  confederacy. 

On  a  motion  to  postpone  the  consideration  of  the  University 
question, 

Mr.  Kittrell  said:  Mr.  Speaker,  if  it  is  the  pleasure  cf  the 
House  to  postpone  this  question  for  further  consideration,  I  feel 
disposed  to  interpose  no  objection. — But  I  fear  the  arguments 
of  some  gentlemen  who  have  spoken  against  this  measure,  may 
have  an  undue  and  injurious  influence  upon  the  question  under 
consideration;  and  it  seems  proper  to  me  that  they  should  be  met  at 
this  time. 

In  the  various  phases  which  this  subject  has  been  made  to 
assume  by  the  latitude  of  debate,  which  members  have  allowed 
themselves  on  the  preliminary  points  suggested  by  the  Commit- 
tee, it  has  been  my  duty,  as  chairman  of  that  Committee,  to  address 
the  House  so  often  that  I  feel  an  extreme  delicacy  and  reluctance 


A  Sourci   Book  of  !/><   University  of  Texas 


127 


in  doing  so  again.  When  the  gentleman  from  Jasper  bad  concluded 
his  remarks  in  opposition  to  this,  measure,  I  looked  around  rather 
imploringly  to  my  friend  from  Cherokee,  (Mr.  Jennings,)  and  other 
friends  of  the  enterprise,  whose  business  it  is  to  speak,  as  they 
belong  to  a  profession  that  accustoms  them  to  much  speaking, 
while  mine  requires  but  little,  but  looked  in  vain.  I  had  hoped 
that  some  gentleman  on  the  floor,  thoroughly  impressed  with  the 
profound  importance  of  the  subject,  much  more  competent  to  the 
task  than  myself,  would  rise  from  his  seat  in  vindication  of  the 
great  enterprise  now  under  consideration.  I  would  not,  sir,  again 
trespass  on  the  time  of  the  House  if  I  were  not  so  sensibly  im- 
pressed with  the  vast  importance  of  this  enterprise  to  the  future 
well  being  of  Texas. 

And  I  must  confess  my  surprise  at  the  opposition'  it  has  met 
here,  coming,  too,  from  the'  quarter  it  did.  From  an  educated 
gentleman,  one  who  has  taken  an  elevated  position  in  this  House, 
and  has  given  evidence  here  of  no  ordinary  capacity,  and  who 
himself  has  reaped  all  the  advantages  of  learning,  and  whose  mind 
has  been  enlightened  by  the  beams  of  science. 

That  gentleman,  in  making  up  his  opposition,  based  his  argu- 
ments entirely  on  false  ground.  Although  he  seemed  to  anticipate 
the  charge  of  demagogueism  from  some  quarter,  yet  I  hope  no  one 
in  this  debate  will  be  so  forgetful  of  what  is  due  to  courtesy  and 
himself,  as  to  bring  a  charge  of  this  kind  against  any  gentleman, 
especially  the  member  from  Jasper,  (Mr.  Hicks).  But  when  an 
attempt  is  made  to  array  the  prejudices  of  the  masses  against  a 
great  enterprise  like  this,  by  the  use  of  such  language  and  argu- 
ments as  those  which  fell  from  the  lips  of  the  member  from  Jas- 
per; it  does  justify  a  suspicion  at  least,  if  not  of  demagogueism,  at 
least  it  was  intended  a  little  for  the  purpose  of  "buncombe."  Xo 
endowment  is  proposed  here.  No  robbery  of  the  common  school 
fund,  as  the  gentleman  must  know  from  the  manner  in  which  that 
fund  is  set  apart  under  the  Constitution  of  the  State;  no  one, 
however  ardent  his  feelings  in  favor  of  this  cause,  could  be  so 
reckless  of  his  obligation  as  to  attempt  to  divert  that  fund  from 
its  legitimate  object  prescribed  by  the  Constitution,  for  this  or 
any  other  object.  Then  why  seek  to  array  prejudices  against  the 
University  project,  by  attempting  to  create  falsely  the  impression 
that  it  is  intended  to  absorb  the  means  provided  for  every  other 
educational  scheme?  I  will  show  the  fallacy  of  this  presently.  I 
will  show  that  the  common  school  system  has  a  munificent  endow- 
ment under  the  Constitution,  and  by  constant  accessions  from  leg- 
islative liberality,  that  places  it  beyond  the  reach  of  this  or  any 
other  similar  enterprise. 


128  University  of  Texas  Bulletin 

If  the  gentleman  will  take  pains  to  examine  the  report  of  the 
committee,  he  will  see  that  it  says,  "before  going  into  the  trouble 
of  digesting  and  maturing  a  plan  for  a  University  in  all  of  its 
details,  it  is  deemed  best  to  decide  the  main  question,  as  to  whether 
we  will  decide  to  have  a  University  or  not?  and  if  so  decided, 
whether  we  will  establish  more  than  one?"  But  it  seems  that 
gentlemen  are  determined  to  depart  from  the  latitude  allowed  them 
by  the  report  and  resolution,  and  discuss  the  whole  question.  The 
question  of  locality  has  ben  connected  with  the  question,  and  has 
already  been  made  to  assume  a  prominence  which  it  should  not 
at  this  stage  of  the  discussion.  And,  worse  than  all,  sectional  feel- 
ing and  jealousy  has  reared  its  Hydra  head  amongst  us,  which 
always  proves  a  bane  to  wholesome  legislation,  and  I  fear  together 
with  the  opposition  headed  by  the  gentleman  from  Jasper  will 
defeat  this  scheme  entirely.  The  principal  argument  of  the  member 
from  Jasper  was  that  this  great  mammoth  scheme,  as  he  seemingly 
in  a  spirit  of  derision  was  pleased  to  term  it,  would  swallow  in  its 
"capacious  maw"  the  funds  which  had  been  provided  for  a  com- 
mon school  system.  And  here  I  must  insist  that  he  took  counsel 
more  of  his  prejudice  than  his  intelligence.  He  certainly  has  not 
taken  the  pains  to  examine  what  provision  has  been  made  for  the 
common  school  sytem.  Twenty  years  since  Texas  commenced  her 
proud  career,  one  of  her  first  acts,  as  an  independent  government, 
was  to  declare  that  a  permanent  system  of  education  should  be 
provided.  In  carrying  it  out  she  has  made  ample  provisions,  and 
has  submitted  it  to  the  legislative  wisdom,  which  assembles  here 
from  time  to  time,  to  give  a  proper  direction  to  her  liberality.  In 
the  first  place,  she  has,  by  a  constitutional  provision,  set  apart 
one  tenth  of  her  annual  taxes  and  four  leagues  of  land  for  each 
county,  now  amounting  to  near  500,000  acres  of  the  public  do- 
main, for  the  endowment  and  support  of  this  branch  of  our  edu- 
cational system.  Besides  this,  at  the  last  session  of  the  Legisla- 
ture, by  enactment,  added  to  this  munificent  fund  the  proceeds 
of  the  sale  of  her  land  scrip,  under  the  law  providing  for  the  sale 
of  the  same  at  fifty  cents  per  acre.  All  of  this,  except  the  latter, 
is  secured  to  the  common  school  fund  by  constitutional  provisions, 
which  will  effectually  save  it  from  this  devouring  monster.  And 
If  the  common  school  system  has  not  entirely  answered  the  expec- 
tations of  its  friends,  it  is  not  owing  to  any  defect  in  the  system 
or  policy  itself,  but  to  the  peculiar  geographical  position  and  condi- 
tion of  our  State,  being  densely  settled  in  some  parts  and  sparsely 
In  others,  which  causes  the  system,  for  the  present,  to  operate 
unequally.  But,  sir,  I  am  for  continuing  it;  and  just  here  I  would 
remark,  that  I  am  as  great  a  friend  to  that  system  as  the  gentleman 
from  Jasper  or  any  other  member  on  this  floor,  and  would  be  as 


A  Source  Book  of  the  University  of  Texas  129 

far  from  laying  rude  hands  on  it.  I  regard  it  as  the  very  founda- 
tion of  that  great  educational  system  which  was  inaugurated  in 
Texas  by  its  founders,  and  which  I  trust  will  be  carried  on  to  com- 
pletion, in  one  great  State  University,  which  I  regard  as  the  crown- 
sing.  Having  shown  then  that  our  common  school  system  is  pro- 
vided for,  and  secured  and  guarded  by  constitutional  barriers 
against  the  chance  of  interruption,  then,  sir,  I  think  the  gentle- 
man's argument  derived  from  that  source  falls  to  the  ground,  and 
is  entitled  to  no  weight.  And  here  I  will  say  that  that  fund  is 
much  more  munificent  than  the  one  we  propose  to  provide  for  a 
University.  And,  further,  I  would  say,  and  wish  it  distinctly  borne 
in  mind,  that  the  two  funds  are  separate  and  distinct,  neither  one 
being  connected  with  or  dependent  on,  or  to  be  affected  by  the 
other.  I  am  thus  particular  in  making  this  statement,  because 
the  gentleman's  argument  was  calculated  to  make  a  different  and 
consequently  a  false  impression.  The  amount  set  apart  in  the 
Senate  bill,  which  has  been  alluded  to  here,  is  a  mere  nominal 
amount,  inserted  there,  and  subject  to  any  correction  or  change 
that  the  condition  of  our  finances  may  require,  in  the  further 
prosecution  of  this  enterprise,  should  it  be  the  pleasure  of  the  Leg- 
islature to  engage  in  it. 

I  took  the  pains,  sir,  to  go  to  the  Treasurer's  and  Comptroller's 
offices,  and  look  into  the  state  of  our  finances,  and  I  ascertained 
that  there  was  a  certain  amount  we  could  spare  for  this  purpose. 
I  ascertained  that,  after  paying  the  expenses  of  this  Legislature, 
and  all  the  appropriations  made  at  the  last  session,  and  those 
which  would  probably  be  made  at  this,  there  would  remain  in  the 
treasury  306,000  dollars  of  United  States  five  per  cent  stock,  on 
which  we  might  draw  for  this  or  any  similar  enterprise. 

Like  the  gentleman  from  Galveston,  (Mr.  Brown,)  who  I  am 
happy  to  see  is  with  me  on  this  question,  I  am  opposed  to  start- 
ing this  enterprise  on  too  expensive  and  extravagant  a  scale.  Let 
us  commence  it  on  a  scale  within  our  means,  and  increase  it  as  the 
growth  and  wants  of  our  State  may  demand,  until  it  becomes  not 
only  a  great  State,  but  a  great  Southern  University,  on  which  we 
and  our  posterity  can  look  with  patriotic  pride  and  exultation. 

Well,  sir,  as  we  can  now  spare  a  handsome  amount  from  our 
surplus  funds,  which  added  to  the  landed  endowment  set  apart 
under  the  Republic,  will  place  this  institution  on  a  sure  and  per- 
manent basis,  and  at  once  give  it  character  and  position,  it  does 
seem  strange  to  me  that  any  intelligent  member  should  be  found 
on  this  floor  who  will  raise  his  voice  in  opposition.  It  does  seem 
to  me  that  we  should  now,  while  those  means  are  within  our  con- 
trol, so  apply  them  that  they  will  tell  permanent ly  on  the  future 
prosperity  of  Texas.      The  money  is  in  the  Treasury,  doing  no  one 

9—227 


130  University  of  Texas  Bulletin 

any  good,  and  should  be  profitably  employed  and  invested.  Sir, 
let  it  be  frittered  away  in  wild  and  visionary  schemes  of  specu- 
lation, then  when  public  necessity  and  public  sentiment  more  im- 
peratively demand  the  establishment  of  this  institution,  it  will 
have  to  be  done  by  taxes  drawn  direct   from  the  people's  pockets. 

Then,  sir,  shall  we  suffer  the  most  propitious  time  for  the  inau- 
guration of  this  policy  that  has  ever,  occurred  in  our  history  to 
escape  us?  Shall  we  suffer  sectional  jealousies  a^d  rivalries  to 
spring  up  and  crush  this  great  work  in  its  very  inception,  and 
thereby  disappoint  the  fond  hopes  and  expectations  of  all  true 
friends  of  education?  I  live,  sir,  in  a  section  where  I  can  look 
impartially  at  the  question  of  location,  about  midway  of  the  State, 
where  I  can  view  it  on  its  merits,  and  I  have  not  made  up  my  mind 
on  this  question.  All  that  I  want  as  regards  that  point  is,  to  sat- 
isfy myself  where  it  will  dispense  the  greatest  good  to  the  greatest 
number,  without  regard  to  distance  from  this  or  that  point.  As  I 
had  occasion  to  say,  on  a  former  occasion,  I  regard  the  influence 
of  climate  and  water,  of  woodland  or  of  prairie,  as  mere  secondary 
considerations,  which  should  affect  the  main  question  but  little, 
especially  when  we  are  sending  our  children  to  the  Northern 
States,  fifteen  hundred  miles  from  home,  where  they  are  subject  to 
all  kinds  of  moral  and  physical  diseases. 

I  took  occasion  to  allude  to  the  condition  of  our  common  school 
system,  a  little  while  since,  and  showed  its  true  state,  lest  the 
arguments  of  the  gentleman  from  Jasper,  drawn  from  that  source, 
should  have  undue  influence  on  the  minds  of  some  members.  He 
took  occasion  to  allude  to  other  institutions  of  learning  in  our 
State  which  are  now  asking  aid  at  our  hands.  I  am  glad,  sir,  that 
he  has  done  so.  He  there  strikes  a  chord  dear  to  me.  The  ven- 
erable founder  of  one  of  the  most  respectable  of  those  institutions 
is  in  this  hall.  He  well  knows  the  deep  and  abiding  interest  I  have 
ever  felt,  and  the  earnestness  with  which  I  have  ever  represented 
the  claims  of  Austin  College  before  this  body.  He  knows  that 
from  my  position  I  am  informed  as  to  the  blessings  which  that 
and  similar  institutions  are  dispensing  through  the  State.  Already 
can  their  alumni  scattered  about  over  the  State,  as  they  are  toil- 
ing up  the  steep  "where  fame's  proud  temple  shines  afar,"  with 
that  honrable  ambition  which  mental  culture  never  fails  to  inspire, 
point  with  pride  to  those  young  and  rising  seminaries  of  learning 
as  their  foster  mothers.  Then,  sir,  I  regard  it  as  an  imperative 
duty  on  us  to  aid  and  assist  them  in  their  struggling  enterprises. 
So  far  from  regarding  an  institution  such  as  we  have  now  under 
consideration,  as  having  a  tendency  to  cripple  institutions  which 
have  originated  from  associated  individual  enterprise,  and  our 
common  school   system,   I   think  there  is  a  beautiful  and   necessary 


A  Source  Book  of  the  University  of  Texas  131 

connection  between  such  institutions.  There  must  be  springs 
before  there  can  be  rills,  there  must  be  rills  before  there  can  be 
brooks,  there  must  be  brooks  before  there  can  be  rivers,  and  rivers 
before  there  can  be  oceans.  All  the  first  mentioned  are  but  feeders 
to  the  mighty  ocean.  So  there  must  be  common  schools,  academies 
and  colleges,  and  all  these  are  but  mere  feeders  to  such  an  institution 
as  we  are  now  considering 

And  sir,  while  I  have  expressed  my  regret  at  the  opposition  com- 
ing from  the  source  it  did,  it  gives  me  much  satisfaction  to  be  able 
to  endorse  every  sentiment  that  the  gentleman  uttered  in  reference 
to  granting  aid  to  institutions  of  learning  now  already  in  success- 
ful operation  in  our  State.  They  met  with  a  hearty  response  in 
my  bosom.  And  I  sincerely  hope  when  we  come  to  fight  the 
battle  on  that  question,  which  we  must  ere  long,  that  I  shall  hear 
his  eloquent  voice  again  pleading  in  behalf  of  those  institutions. 
I  hope,  though,  separated  widely  now,  we  will  be  found  fighting 
side  by  side  in  that  glorious  cause. 

But,  Mr.  Speaker,  I  must  close.  I  feel  that  I  have  trespassed 
already  too  long  on  the  patience  of  the  House,  and  must  plead 
the  importance  of  my  subject  as  an  apology.  Then,  sir,  in  conclu- 
sion, permit  me  to  say,  that  I  regard  this  as  a  practical  question; 
as  one  of  great  State  policy.  I  have  attempted  in  my  weak  desul- 
tory way  to  treat  it  as  such.  Then,  sir,  let  me  again  say,  while 
we  can  accomplish  this  great  enterprise,  without  taxing  the  people 
one  cent,  without  interfering  injuriously,  in  the  least  degree,  with 
our  common  school  system;  without  injuring  the  institutions  of 
learning  which  have  already  come  into  existence  by  individual 
enterprise,  let  us  do  it.  Should  we  fail  to  do  it,  we  would  prove 
recreant  to  the  interest  of  Texas,  and  the  great  trusts  confided  to 
us  as  the  guardians  of  her  public  weal. 

Senate,  Wednesday,  January  20,  1858;  pp.  98  100 
University  Bill. 

The  University  bill  being  under  discussion. 

Mr.  Wiialey  said: — Mr.  President,  I  regret  that  this  bill  has 
been  forced  through  the  Senate  in  the  manner  it  has.  The  uni- 
versity question  has  attracted  much  attention  everywhere  through- 
out the  State  as  well  as  in  the  halls  of  Legislation.  It  is  one  of 
the  most  important  questions  this  Legislature  has  been  called  upon 
to  decide.  Education,  under  whatever  form,  is  a  taking  subject, 
and  at  first  view  I  was  disposed  to  favor  a  University.  This  pro- 
posed institution  is  upon  a  magnificent  scale,  and  to  be  unparalleled 
by  anything  in  ancient  or  modern  time.  Already  is  to  be  seen — 
on  paper — 


132  University   of  Texas  Bulletin 

"A  palace  lifting  to  eternal  summer 

Its  marble  halls," 
grand,  gloomy  and  peculiar,  where  the  votaries  of  learning  are  to 
congregate,  whose  motto  is — 

"A  little  learning  is  a  dangerous  thing; 

Drink  deep,  or  taste  not  the  Pierian  spring." 
What  does  this  bill  propose  to  do?  Why,  sir,  to  appropriate 
the  sum  of  one  hundred  thousand  dollars  out  of  any  money  in 
the  Treasury  to  begin  with;  and  in  addition  to  the  two  hundred 
thousand  acres  of  land,  which  by  the  act  of  January  26,  1839, 
appropriating  certain  lands  for  the  establishment  of  a  general 
system  of  education,  already  surveyed,  the  tenth  section  of  all  the 
lands  which  have  been  or  may  hereafter  be  surveyed  and  reserved 
for  the  use  of  the  State,  under  the  provisions  of  the  act  of  January 
30th,  1854,  for  the  encouragement  of  Railroads  in  Texas.  And  this 
sir,  is  acknowledged  to  be  only  a  commencement — the  beginning 
of  the  end!  The  bill  as  proposed  in  the  other  House  recommended 
that  four  hundred  thousand  dollars  of  the  United  States  five  per 
cent  bonds,  now  in  the  Treasury  of  the  State,  be  set  apart  for 
the  establishment  of  this  University;  while  the  quantity  of  land 
demanded  exceeded  four  hundred  thousand  acres.  Now,  sir,  enter- 
taining serious  objections  to  voting  such  enormous  amounts  of 
money  and  land  to  any  such  mammoth  concerns,  I  beg  the  in- 
dulgence of  the  Senate  while  I  state  some  of  the  reasons  for  the  faith 
that  is  in  me. 

I  am  opposed  to  this  institution  because  I  believe  it  is  anti- 
democratic, and  at  war  with  the  spirit  and  genius  of  our  republican 
institutions.  I  raise  my  voice  against  it  because  it  will  be,  as  it 
has  been  in  every  State  where  the  system  has  been  tried,  with 
perhaps  one  or  two  exceptions,  a  magnificent  failfure.  Or  if  sus- 
tained by  the  State,  as  it  will  have  to  be,  it  will  entail  upon  the 
people  burthens  too  intolerable  to  be  borne.  I  am  against  it  because 
it  is  legislating  for  a  special  class,  and  that  class,  the  favorites  of 
fortune,  are  the  only  ones  that  can  and  will  take  advantage  of  this 
institution,  and  they  are  able  to  take  care  of  themselves.  The  great 
and  leading  principle  of  our  government  is,  that  it  should  be  the 
rule  of  legislative  action,  "the  greatest  good  to  the  greatest  num- 
ber." Let  us  try  this  institution  by  that  rule.  The  scholastic  popu- 
lation of  our  State  is  estimated  at  one  hundred  thousand.  How 
many  of  this  number  can  the  University  accommodate?  Five  hun- 
dred is.  the  greatest  number  claimed  by  its  friends,  and  is  a  larger 
average  number  than  has  ever  attended  any  similar  institution,  at 
any  one  session,  in  the  United  States.  No  basis  of  representation  is 
proposed;  let  us  suppose  that  each  county  shall  send  an  equal  num- 
ber, there  being  at  present  one  hundred  and  fifteen  counties,  and 
some  fifteen  or  twenty  more  to  be  formed  this  session;  each  county 


A  Source  Book  of  the  University  of  Texas  133 

by  this  rule  would  be  entitled  to  only,  about  four  pupils!  and  upon 
the  basis  of  scholastic  population  would  only  educate  one  out  of 
every  two  hundred!  Will  this  satisfy  the  wants  of  the  people?  Now, 
on  the  other  hand,  with  the  present  school  fund  of  two  millions 
of  dollars,  and  the  ten  per  cent  of  the  State  tax  as  already  secured 
to  this  fund,  and  the  four  leagues  of  land  donated  to  each  county 
for  school  purposes;  and  if,  in  addition  to  all  this,  you  appropriate 
the  four  hundred  thousand  dollars  required  to  put  the  University 
in  operation,  with  the  four  hundred  thousand  acres  of  land,  if 
divided  out  among  the  different  counties,  or  set  apart  for  their 
benefit,  and  our  schools  properly  systematized,  we  can  establish 
such  primary  and  high  schools  in  each  and  every  county  as  will 
put  within  the  reach  of  every  boy  and  girl  in  the  State,  a  thorough 
practical  education  that  will  qualify,  and  enable  them  to  adorn 
any  station  in  life.  With  such  resources  as  we  have  within  our- 
selves, we  can  establish  a  system  of  public  schools  throughout  the 
broad  limit  of  our  own  Empire  State,  that  would  not  be  surpassed, 
if  equaled,  by  any  other  State  in  the  Union;  and  which  would  be 
the  glory  and  admiration  of  the  world.  Such  a  system  would  be 
the  proudest  and  noblest  ornament  of  our  State.  Upon  the  educa- 
tion of  the  masses  depends  the  prosperity  of  our  people,  and  the  per- 
petuity of  our  free  institutions.  And  how  is  that  to  be  accomplished, 
but  by  a  system  of  public  schools?  These  are  the  springs  of  our 
moral  and  intellectual  being.  Here  the  children  of  the  rich  and 
poor,  alike,  meet  on  that  true  equality  which  is  the  most  glorious 
principle  of  our  country's  character.  Here  no  one  dare  speak  of 
rank,  or  wealth,  or  sect,  or  party,  and  here  merit  is  the  only  pass- 
port to  its  honors.  It  is  from  such  places  as  these  that  have  eman- 
ated the  mighty  men  who  have  illustrated  the  most  splendid  pages 
of  the  world's  eventful  history.  As  before  stated,  the  scholastic 
population  of  the  State  is  estimated  at  one  hundred  thousand.  Now 
the  great  question  presents  itself,  which  is  the  most  important,  the 
education  of  five  hundred  of  the  favored  sons  of  our  land  at  this  State 
institution — only  one  out  of  every  Uvo  hundred — or  the  education  of 
one  hundred,  thousand  boys  and  girls  in  all  the  branches  of  a  practical 
and  useful  education? 

Another  serious  objection  to  this  institution  is,  that  it  will  become 
the  peculiar  pet  of  the  powers  that  be,  and  in  due  course  of  time 
will  absorb  the  entire  resources  of  the  common  schools,  and  sooner 
or  later  the  Inevitable  results  will  be  to  break  down  this  system 
without  accomplishing  the  objects  of  its  establishment.  Every 
Legislature  will  have  to  make  appropriations  to  it,  and  still  the  cry 
will  be,  "give,  give:'  This  bill  contains  no  basis  of  representation 
as  to  who  and  how  students  shall  be  admitted.  Let  us  suppose  It 
is  located  at  Austin;  then  will  it  not  be  filled  up  with  pupils  from 
this    and    adjoining    counties,    to    the    exclusion    of    other    portions 


134  University  of  Texas  Bulletin 

of  the  State?  It  is  further  proposed  to  educate  at  this  institution, 
without  money  and  without  price,  Lawyers  and  Doctors!  In  view 
of  this  will  not  the  people  cry  out  good  Lord  deliver  us?  In  the 
name  of  afflicted  humanity  I  would  ask  have  we  not  already  an 
abundant  supply  on  hand  of  these  necessary  evils,  and  "sufficient 
for  the  day  is  the  evil  thereof."  It  is  not  right  that  the  people 
should  be  taxed  for  the  education  of  such  professional  men,  whose 
services  are  so  extravagantly  paid  for.  It  is  denied  by  the  friends 
of  this  measure  that  the  rich  alone  will  reap  the  advantages  of  it. 
I  am  aware  that  an  occasional  exception  to  this  rule  might  be 
cited,  but  that  does  not  destroy  its  general  application.  The  great 
National  Military  Institute  at  West  Point  was  established  with 
the  most  benevolent  intentions,  but  who  now  derive  advantages 
from  this  beneficence  and  bounty  of  Uncle  Sam?  Who,  in  the  main, 
but  those  who  have  political  influence  in  their  Congressional  district, 
and  plenty  of  the  root  of  all  evil,  to  push  their  claims?  Occasionally 
some  meritorious  youth  obtains  admission,  but  this  is  only  an  ex- 
ception to  the  rule.  Such  will  be  the  working  of  this  University. 
Tbe  heavy  expense  of  living,  and  the  innumerable  extras  attendant 
upon  those  who  come  from  a  distance,  will  make  such  an  amount 
as  our  laboring  class,  our  mechanics,  and  small  farmers  are  not 
able  to  expend  on  their  boys  for  the  sake  of  giving  them  a  fashion- 
able education.  In  fact  such  an  institution  is  not  demanded  by 
the  wants  of  the  people,  at  this  time,  at  least. 

I  am  apprised  of  the  fact  that  all  who  choose  to  oppose  this 
university  will  be  stigmatized  as  demagogues!  Well,  sir,  if  to  advo- 
cate the  rights  and  interests  of  the  masses,  in  opposition  to  a 
mammoth  concern  like  this  which  will  be  the  very  hotbed  of  aris- 
tocracy; whose  basis  is  the  almighty  dollar,  where  will  be  engendered 
pride  of  wealth,  extravagance,  intemperance  and  the  thousand 
evils  which  are  ever  attendant  upon  such  institutions,  then,  sir, 
I  am  willing  to  be  called  a  demagogue.  But  such  a  course  reminds 
me  of  the  thief  who.  foremost  and  loudest  in  the  pursuit,  cries,  stop 
the  theif,  in  order  to  divert  suspicion  from  himself.  For  in  order 
to  quiet  the  fears  of  the  people  on  this  subject,  the  friends  of  the 
measure  argue — "is  it  better  to  have  two  Universities,  into  neither 
of  which  the  sons  of  any  but  the  rich  could  enter — or  one  that 
would  be  open  to  the  poorest  youth  in  the  State?  Establish  a 
University  in  the  East,  and  one  in  the  West,  and  the  sons  of  all 
will  be  excluded  except  those  of  the  rich."  Is  there  any  demagogue- 
ism  in  all  that?  And  is  it  not  the  most  fallacious  and  absurd 
reasoning?  How  two  Universities  would  exclude  all  but  the  rich, 
and  one  capable  of  containing  only  half  as  many  students  as  two 
would  be  open  to  all  whether  rich  or  porr,  is  very  strange  logic. 

We  have  a  number  of  respectable  literary  institutions  in  various 
parts  of  the  State,  established  and  sustained  by  private  enter- 
prise, and  others  will  spring  up  as  they  are  needed,  where  facilities 


A  Source  Book  of  the  University  of  Texas  135 

are  offered  for  obtaining  a  liberal  education.  Give,  us  tbe  facilities 
for  education  as  near  home  as  possible.  Let  your  children  coma 
as  much  under  the  kind  protecting  care  and  influence  of  the  mother 
as  can  be.  Let  her  impress  upon  the  plastic  minds  of  our  youths 
the  lessons  of  virtue,  morality  and  religion,  which  is  as  important 
as  education  itself.  These  impressions  will  go  with  them  through 
life  and  ever  be  their  guiding  star.  This  are  lis]  the  great  future  of 
our  educational  system.  Let  us  commence  at  the  foundatiou  building 
gradually  upwards  not  forming  a  roof  ere  the  foundation  is  con- 
structed. Then  after  we  have  perfected  this  system,  should  the  nec- 
essity be  apparent  for  such  a  University  as  this  bill  proposes,  I  shall 
say,  God  speed  the  work!  "let  it  rise  until  it  shall  meet  the  sun 
in  its  coming,  and  let  its   rays  linger  and   play  upon   its  summit." 

House,  February  4,   1858;    pp.  210-211. 

State  University. 

The  special  order,  to  wit:  a  bill  to  establish  the  University  of 
Texas,  was  taken  up,  and  the  report  of  the  Committee  read. 

Mr.  Ross  said:  Is  not  this  bill  subject  to  a  constitutional  ob- 
jection? I  ask  if  this  bill  does  not  contain  the  same  features  and 
embrace  precisely  the  same  substance  with  one  that  has  once  been 
rejected  by  this  House?  The  22nd  Section  of  the  3rd  Article  of  the 
Constitution  of  the  State  of  Texas  is  in  the  following  words:  "After 
a  bill  or  resolution  has  been  rejected  by  either  branch  of  the  Leg- 
islature, no  bill  or  resolution  containing  the  same  substance  shall  be 
passed  into  a  law  during  the  same  session."  Now  I  contend  that  the 
same  substance  contained  in  that  bill  has  been  once  rejected  by  this 
House.  I  am  aware  of  the  fact  that  this  identical  bill  has  never 
been  before  acted  upon;  but  the  proposition  to  make  such  an  ap- 
propriation was  rejected,  as  the  very  substance  of  that  bill  was  con- 
tained in  Mr.  Murrah's  resolution,  which  was  rejected  by  the  House. 
I  care  not  in  how  many  detached  parcels  this  bill  was  previously 
considered;  I  care  not  as  to  its  presenting  itself  under  two  different 
aspects;  it  was  rejected  under  both  of  them  by  this  House.  The 
first  proposition  was  the  establishment  of  one  University  or  two 
Universities.  The  first  proposition  rejected  by  the  House  was  for 
the  establishment  of  a  University,  which  was  severed  into  two;  and 
then  a  proposition  to  appropriate  a  hundred  leagues  of  land  and  a 
hundred  thousand  dollars  was  rejected,  which  is  substantially  this 
bill. 

Now,  I  ask  the  Speaker  if  this  is  not  so,  and  I  desire  that  his 
ruling  be  had  thereon. 

The  Speaker,  (Mr.  Locke):  It  is  not  for  the  Chair  to  determine 
that  question. 

Mr.  Bee:     I  should  like  the  Chair  to  consider  the  point  of  order. 


136  University  of  Texas  Bulletin 

Mb.  Speaker:     The  Chair  does  not  consider  it  a  point  of  order. 

Mb.   Ross:      I   make  it  a  point  of  order. 

Tin:  Speaker:  The  Chair  would  like  to  have  the  opinion  of  legal 
gentlemen  of  experience  in  these  matters. 

Mb.  Ross:  I  will  put  it  in  this  shape,  in  order  to  get  at  it.  I  move 
to  reject  the  bill  on  the  ground  I  have  stated. 

Mr.  Munson:  I  ask  if  this  is  a  proposition  to  erect  one  University? 
If  so,  I  have  not  been  allowed  to  vote  upon  it  as  yet. 

Messrs.  Dennis,  Everett,  and  Buckley  discussed  at  some  length  the 
history  of  the  previous  action  of  the  House  upon  the  University 
question. 

Mb.  Atcook  made  an  eloquent  speech  in  favor  of  the  bill.  (Pub- 
lished in  a  previous  number. — Reporter) 

House,  February  4,  1858,  pp.  70-72 

University  Bill. 

Mr.   Atcock  said: 

Mr.  Speaker:  I  do  not  know  that  any  words  of  mine  could 
add  to  the  cogency  of  the  unanswerable  argument  just  made  by 
the  honarable  gentleman  from  Fort  Bend  (Mr.  Buckley),  upon 
the  Constitutional  objection  set  up  as  a  bar  to  the  action  of  the 
House  upon  this  bill  The  Journals  of  this  body  need  no 
subtle  construction  to  show  that  the  so-called  constitutional  bar- 
rier is  wholly  destitute  of  foundation.  There  has  never  been 
a  direct  vote  here  upon  the  substantial  elements  of  this  bill, 
as  contended.  The  first  majority  report  of  the  Committee  on 
Education  recommended,  by  resolution,  the  establishment  of  one 
University,  to  test  the  sense  of  this  House.  No  final  vote  was 
had  on  the  resolution  in  its  original  shape.  It  was  amended,  and 
provided  for  two  Universities,  or  one  University  connected  with 
the  proposition  to  establish  a  literary  college  of  equal  rank  and 
endowment,  and  in  that  shape  defeated.  In  that  form  the  defeated 
resolution  was  entirely  different  from  the  provisions  of  this  bill, 
and  I  protest  against  such  a  perversion  of  our  sacred  Constitution, 
to  defeat  now  a  fair  vote  upon  a  measure  of  such  transcendent 
importance  to  the  present  age,  and  the  future  generations  of  people 
who   are  to   inhabit  this   interesting   State. 

Now,  sir,  in  my  opinion,  is  the  time  for  action.  The  people 
expect  it.  The  highest  considerations  of  the  public  weal  demand 
it,  and  I  feel  that  it  would  be  criminal  in  us  to  procrastinate  longer. 
A  clear  majority  of  both  Houses  are  impressed  with  the  necessity 
of  it.  Our  late  Governor,  and  his  Excellency,  the  present  incum- 
bent, have  urged  it,  and  the  people  have  everywhere  ratified  their 
action.  Why  then  should  we  not  acqu~  ourselves  to  the  responsibili- 
ty now?  Now  before  the  means  in  our  power  are  dissipated;  now, 
ere  the  wealth  in  our  exchequer  is  exhausted,  now  before  our  public 


A  Source  Book  of  the  University  of  Texas  ]37 

domain  is  filched  from  the  people  by  the  legerdemain  of  special 
legislation,  the  sinister  devices  of  peculation  and  the  miserable  ma- 
chinations of  fraud;  now,  before  the  Sibyline  leaves  are  scattered  for- 
ever, let  us  respond  to  the  mandate  of  duty  by  the  passage  of  this 
bill. 

The  idea  of  establishing  two  Universities  has  been  urged,  and 
met  with  considerable  favor  in  this  body.  Sir,  I  must  say,  that 
a  proposition  more  revolting  to  my  mind  could  scarcely  be  suggested. 
I  consider  that  my  duty  here  is  to  legislate  for  the  State  of  Texas, 
and  not  for  two  States  hereafter  to  be  carved  out  of  her  territory. 

I  hope,  however,  that  the  prospect  of  establishing  two  Univer- 
sities is  now  consigned  "to  the  tomb  of  the  Capulets."  Nothing, 
In  my  judgment,  would  be  more  conducive  to  that  unhappy  catas- 
trophe of  a  dismemberment  of  the  State.  Two  rival  political  in- 
fluences would  be  thus  educated,  which,  in  the  Legislative  Halls, 
and  in  pursuit  of  political  honor  and  position,  would  engender  and 
foment  discord,  animosity,  sectional  dissension  and  dissolution.  I 
cannot  entertain  consideration  for  any  thing  to  affect,  in  the  re- 
motest degree,  the  entirety  of  Texas,  and  I  but  feebly  pronounce 
the  sentiments  of  those  who  accredit  me  here,  when  I  denounce 
the  fell  spirit,  no  matter  in  what  shape  it  intrudes  itself  into  these 
Halls.  How  could  it  be  expected  that  we  could  hear,  unmoved 
by  Indignation,  a  proposition  of  that  character?  I  care  not  how 
the  division  lines  were  run,  whether  to  follow  the  tortuous  meanders 
of  the  Trinity,  or  the  rapid  rolling  waters  of  the  Brazos,  instead 
of  occupying  the  center  of  a  once  magnificent  empire,  as  now  the 
good  people  of  my  district  do,  we  would  be  left  upon  the  border 
of  a  petty  province,  not  to  be  known  by  the  sacred  name  of  Texas; 
but  God  only  knows  by  what  name  to  be  called,  or  indeed,  what 
our  destiny  would  be.     Sir, 

"If  I  could  embody  and  embosom  now, 
That  which  is  most  within  me,  could  I  wreak 
My  thoughts  upon  expression,  and  thus  throw 
Mind,  heart,  soul,  feelings,  passions,  strong  or  weak, 
All  that  I  could  have  sought  and   all  I  seek, 
Into  one  word,  and  that  one  word  were  lightning, 
I  would  speak," 

and  I  would  call  into  existence  a  power  greater  than  myself,  with 
Herculean  arm  to  wield  the  spear  of  Ithuriel  and  strike  prostrate 
this  "great,  horrid  monster,"  which  has  so  arrogantly  stalked  into 
our  councils,  to  dictate  the  unholy  policy  of  a  division  of  Texas, 
to  despoil  her  of  her  place  and  name  among  the  sovereignties  of 
this  confederacy,  and  rudely  to  tear  from  her  glorious  coronet  the 
proud  title  of  "the  Empire  State  of  the  South!" 


138  University  of  Texas  Bulletin 

There  is  an  erroneous  view  taken  by  many  opponents  of  this 
bill,  to  which  I  will  allude:  that  injustice  is  sought  to  be  done 
to  the  East  in  refusing  to  establish  two  Universities.  Let  me  say 
that  the  friends  of  the  University  "know  no  North,  no  South, 
no  East,  no  West,"  but  only  Texas,  and  the  best  interests  of  Texas, 
In  all  her  length  and  breadth.  Whatever  spot  it  is  located  upon, 
we  presume  and  expect  all  sections  to  be  alike  benefitted  by  its 
effects.  To  regard  it  with  a  view  to  the  enhancement  of  the  value 
of  property  by  its  vicinage,  or  as  a  means  of  aggrandizing  the 
proprietors  of  some  projected  town  or  city,  would  be  sordid  and 
unworthy  of  the  wise  and  patriotic  legislator,  who  is  animated  by 
a  true  desire  to  benefit  the  State  and  develop  her  physical,  in- 
tellectual, and  moral  attributes  and  capabilities. 

But,  sir,  there  is  a  more  direct  view  to  take  of  this  question. 
To  establish  two  institutions  would  not  carry  out  the  design  of 
establishing  an  University.  We  desire  to  establish  such  an  one  as 
will  afford  the  means  of  the  highest  accomplishment  to  the  sons 
of  our  noble  State,  and  such  an  one  as  will  satisfy  and  induce  all 
who  seek  such  opportunities  to  remain  at  home.  And  I  submit, 
that  if  all  our  means  be  devoted  to  one  enterprise,  we  could  not 
more  than  effect  this.  With  all  our  means,  energy,  and  patronage 
we  may.  Moreover,  to  put  an  University  in  successful  operation, 
It  must  be  cherished  by  the  State  pride  of  the  people.  It  must 
have  character,  and  character  can  only  be  made  by  the  patronage 
and  pride  of  the  people.  To  excite  and  secure  that,  it  must  be  a 
matter  of  interest  to  all  the  people  of  every  section  of  the  State. 
We  might  erect  a  pile  of  public  buildings  as  stupendous  as  the 
Acropolis  or  Colisseum — we  might  collect  a  library  as  extensive 
as  that  of  the  Ptolemies  at  Alexandria.  We  might  have  a  chemical 
laboratory,  and  philosophical  apparatus,  furnished  with  all  the 
instruments  and  appliances  discovered  from  the  earliest  dawn  of 
scientific  investigation;  an  astronomical  observatory  higher  than  the 
royal  turrets  of  England  or  France,  and  place  there  telescopes 
whose  ken  might  sweep  out  to  the  purlieus  of  infinity  itself,  and 
supply  all  the  faculties  with  the  ablest  professors  on  the  globe, 
but,  sir,  the  temple  would  be  empty  if  we  did  not  erect  in  the 
precincts  an  altar  of  State  pride,  where  the  patriotic  libations  of 
a  people's  love  might  be  poured  out  in  profusion.  That  kind  of 
an  institution  would  attract  all  the  youth  of  the  land,  because 
its  diploma  would  commend  its  foster  children  to  the  people,  and 
rank  them  at  once  as  important  constituents  of  society.  Our  young 
men  would  attend  it  in  preference  to  all  others,  because  they  would 
feel  as  they  come  from  its  portals  to  enter  into  the 

"World's  broad  field  of  battle 
And  the  bivouac  of  life," 


A  Source  Book  of  the  University  of  Texas  139 

that  they  were  going  forth  in  quest  of  fame  and  fortune,  as  with 
the  very  blessing  of  a  mother.  On  the  other  hand,  attempt  to  estab- 
lish two,  both  must  be  inferior  to  one  of  the  kind  we  should  endow. 
But  especially  would  it  be  wanting  in  the  great  vital  spirit  of  State 
pride.  For  I  deny  that  you  can  dignify  any  mere  sectional  pride 
or  vanity,  into  the  noble  emotion  of  State  pride.  For  one  I  would 
dislike  to  see  the  people  of  Texas  content  themselves  with  sec- 
tional institutions,  or  sectarian  institutions,  which  would  only  be 
as  almoners  of  religious  bigotry  and  the  purveyors  of  denomina- 
tional warfare. 

I  was  sorry  to  see  some  worthy  members  of  this  body,  men  of 
learning  and  genius,  express  sentiments  derogatory  to  the  capacity 
of  Texas  to  establish  a  great  University.  They  seemed  to  treat  the 
idea  of  that  aspiration  oh  our  part  as  visionary.  The  satire  was 
unjust  to  Texas.  They  did  not  appreciate  the  capabilities  of  the 
country. 

*      *      *      *      "they  lent  their  gift 

Of  glorious  faculties,  to  blight  and  mar 

The  moral   universe:    and   set  adrift 

The  anchored  hopes  of  millions." 

The  idea  of  establishing  an  institution  like  Salamanca,  Oxford, 
Cambridge,  Harvard  or  Yale,  and  the  temples  of  learning  in  classic 
Greece  and  Rome,  was,  in  their  estimation,  above  the  capacity  of 
the  barbarians  of  Texas!  I  will  not  sanction  the  aspersion  upon 
the  intelligence  and  enterprise  of  the  people  of  Texas.  I  know 
that  such  an  institution  will  not  spring  up  as  soon  as  this  bill  is 
passed,  like  the  pandemonium  of  Milton,  as  an  exhalation  from 
the  deep.  I  will  not  view  it  through  the  kaleidoscope  of  fancy.  It 
will  take  long  years  to  make  our  institution  equal  to  others,  after 
centuries  of  growth  and  expansion.  But  I  see  no  reason  why  we 
may  not  lay  the  foundations  of  an  University  which  may  become, 
under  the  fostering  care  of  a  great  and  progressive  people,  as  great 
as  any  that  ever  nourished  the  mental  youth  of  a  Socrates  or  Plato, 
a  Cicero,  a  La  Place,  or  a  Newton.  I  would  disdain  to  compare 
the  genius  of  our  people  to  that  of  the  people  who  reared  the  Uni- 
versity of  Salamanca.  Spain,  I  believe — Spain — that  sombre  repre- 
sentative of  all  that  is  corrupt  in  political  turpitude,  and  all  that 
is  detestable  in  national  perfidy,  a  nation  of  Jesuitism,  the  inquisi- 
tion and  garote — No,  sir.  Nor  can  I  see  why  the  aspirations  of  a 
State,  an  Empire  which  commenced  her  career  under  the  auspices 
of  an  Austin,  a  Burnett,  a  Houston,  a  Rusk,  a  Lamar,  a  Crockett, 
a  Fannin,  or  a  Bonham,  may  not  indulge  in  day  dreams  of  a  destiny 
as  bright  as  that  of  the  Island,  which,  though  now  she  holds  in 
her  proud  grasp  the  trident  of  the  Seas,  was  erst  when  the  Roman 


140  University  of  Texas  Bulletin 

cross  and  imperial  eagle  were  planted  upon  her  desolate  cliffs,  the 
abode  of  the  superstitious  Druid,  who  ministered  rites  to  his  wood- 
land divinity  more  horrible  than  the  sacrifices  of  the  Aztecs.  We 
are  only  to  take  the  initative.  Our  duty  is  only  to  lay  the  corner 
stone.  "If  nothing  is  done,  nothing  can  be  finished."  The  super- 
structure may  be  reared,  and  will  be  if  wo  do  our  duty. 

Some  have  been  disposed  to  doubt  the  utility  of  an  University. 
Will  any  gentleman  get  upon  this  floor  and  declare  that  education 
is  unimportant  to  the  people  of  a  Republican  government?  Sir, 
I  apprehend  not.  Every  man  on  this  floor  is  impressed  with  the 
necessity  of  common  schools.  But,  sir,  I  contend  that  the  correct 
doctrine  is  the  most  general  diffusion  of  knowledge,  and  the  highest 
possible  attainment  in  the  arts  and  sciences.  We  cannot  attain  that 
desideratum  without  an  University.  If  we  can,  sir,  every  man 
must  admit  that  it  must  be  acquired  abroad.  Now,  sir,  I  ask 
if  it  is  good  policy  for  Texas  to  depend  upon  other  States  and 
countries  for  her  learning?  Shall  we  depend  upon  importation  for 
that  supply  of  superior  knowledge  and  science  which  it  is  necessary 
for  the  people  of  a  civilized  Republican  government  to  possess? 
Shall  we  rely  upon  missionaries  from  Yankeedom,  and  emissaries 
from  Europe?  Is  the  development  of  latent  truths  and  principles 
connected  with  our  soil  and  climate,  relating  to  our  physical  and 
agricultural  resources,  of  such  small  importance?  The  single  battle 
of  Waterloo  is  said  to  have  cost  England  forty  millions  of  pounds 
sterling.  One  little  treatise  upon  agricultural  chemistry  has  done 
more  good  than  all  that  money.  The  one  swept  off  in  torrents  of 
blood  happy  homes  and  cultivated  fields.  The  other  has  learned 
millions  to  obtain  subsistence  and  life.  The  one  entailed  death, 
orphanage  and  widowhood  upon  thousands.  The  other  has  taught 
people  to  the  very  bones  of  that  bloody  Golgotha,  to  turn  sterile 
mountains  into  flourishing  gardens.  But,  sir,  a  high  degree  of 
scientific  acquirement  is  not  only  important  to  the  profit  of  the 
first  calling  in  the  industry  of  the  State,  that  of  the  farmer  and 
planter,  but  to  make  them  intelligent  electors  and  competent  public 
functionaries.  The  more  of  those  you  thoroughly  educate,  the 
better  for  the  country.  And  the  nearer  home  to  them  you  place 
the  facilities,  the  more  will  be  able  to  accomplish  themselves.  Our 
legislative  halls  need  a  greater  number  of  educated  and  scientific 
farmers.  To  get  these,  sir,  you  must  have  a  home  institution  of 
the  highest  order.  This  alone,  sir,  ought  to  control  us  in  passing 
this  bill.  As  long  as  they  have  to  travel  abroad,  they  must,  in 
a  great  measure,  be  unable  to  do  themselves  justice.  Educate  them, 
and  educate  them  well.  They  are  the  pillars  of  the  Constitution 
itself.  They  learn  virtue  in  the  soil  they  till,  and  in  the  pure  air 
that,  uncontaminated  by  the  vices  and  luxuries  of  crowded  cities, 
blows  around  their  brows;  and  when  society,  debased  and  degener- 


A  Source  Book  of  the  University  of  Texas  141 

ated  in  the  pent  up  city,  shall  wither  and  decay,  freedom  and  virtue 
shall  be  renovated  and  protected  by  their  patriotism. 

We  need  this  University  to  educate  a  corps  of  competent  teachers 
for  our  common  schools  and  academies.  How  lamentably  deficient 
is  our  State  in  that  respect.  The  people  are  tired  of  the  imposition 
of  cosmopolitan  pedagagues  and  itinerant  Yankees,  who  come  among 
them  with  poisonous  dogmas,  theories,  and  ideas  inimical  to  the 
institutions,  and  at  war  with  the  noble  genius  of  the  Southern 
people.  It  has  been  said,  that  the  friends  of  the  University  bill, 
advocate  a  policy  hostile  to  the  interests  of  the  common  schools. 
I  deny  that  there  is  any  hostility  between  them.  On  the  contrary 
they  are  reciprocally  dependent  on  each  other.  Common  schools 
cannot  exist  in  anything  like  a  healthy  conditions  unless  they  are 
supplied  with  teachers.  Common  schools  are  as  dependent  upon  in- 
stitutions of  a  higher  order,  as  are  my  fingers  and  other  extremities, 
upon  the  aliment  that  is  thrown  to  them  by  the  great  central  life- 
giving  motion  of  the  heart.  Where  are  the  teachers  to  come  from? 
It  is  evident  that  Texas  must  have  a  great  Institution  of  her  own 
to  supply  them,  or  else  they  must  be  educated  abroad.  But,  sir, 
as  I  said  before,  it  is  not  the  policy  of  Texas  that  her  sons  should 
be  dependent  for  their  intellectual  and  moral  attainments  upon  the 
Savans  of  other  states  and  countries.  That  would  give  too  much 
influence  and  power  to  other  political  authorities.  It  would  be 
placing  our  State  in  a  condition  of  mental  vassalage,  to  those  who 
may  be  our  enemies.  No  patriot  can  desire  to  see  the  learning 
and  intelligence  of  Texas  an  exotic  thing.  Let  it  grow  indigenous 
upon  our  fertile  soil,  and  in  our  ambrosial  clime,  as  our  own  ever- 
green live  oaks  and  cedars.  It  is  the  policy  of  every  state  to  be 
independent  in  all  her  resources,  physical,  moral,  and  intellectual. 
The  best  attribute  of  a  state  is  her  mind.  And  above  all  things 
I  would  desire  to  see  Texas  not  only  independent  of,  but  superior 
to  the  world  in  that  element  of  greatness.  The  common  school 
interest  is  all  important,  and  the  University  should  be  favored  by 
the  friends  of  common  school  education  as  a  necessary  adjunct  for 
a  good  supply  of  competent  teachers,  identified  with  the  best  in- 
terests of  our  political  and  social  system. 

Again,  it  has  been  urged  that  a  University  will  only  benefit  the 
rich — that  the  poor  have  no  interest  in  it,  and  therefore  as  trustees 
of  the  public  money,  and  the  public  domain,  we  ought  not  thus 
apply  them.  If  I  thought  so,  I  would  be  the  last  man  to  advocate 
this  bill.  But  I  contend  that  every  citizen  of  Texas  rich  or  poor 
Is  interested  in  this  enterprise.  If  there  is  any  advantage  it  is 
in   favor  of   the   poor.      I   like  it  all  the   better   for   that.      I   never 

*      *      *      "hear  with  a  disdainful  smile 
The  short  and  simple  annals  of  the  poor." 


142  University  of  Texas  Bulletin 

By  the  terms  of  this  bill  tuition  is  free.  That  is  one  advantage. 
But  again,  there  is  another.  Rich  men  are  able  to  send  their  sons 
abroad.  Poor  men  need  facilities  at  home  to  save  that  expense. 
This  University  will  be  more  accessible  to  them  than  foreign  schools. 
This  is  another  advantage  to  the  poor  man's  son,  the  orphan,  and 
the  "widow's  son."  Here,  sir,  the  youth  of  generous  ambition 
may  attend  the  institution  a  part  of  the  year,  and  during  the  re- 
mainder he  may  remain  at  home  to  assist  in  supporting  his  father, 
mother,  brothers  and  sisters,  if  necessity  demands  it.  Thus,  sir, 
many,  very  many  noble  minds  would  be  educated,  which  otherwise 
would  never  have  the  blessed  opportunity.  But,  sir,  apart  from 
these  considerations,  do  gentlemen  suppose,  because  fate  has  con- 
demned a  family  for  a  season  to  the  hard  lot  of  poverty  that  there- 
fore none  of  its  members  may  hope  to  reach  the  "rights,  lights,  and 
benefits"  of  an  University  education? — Sir,  I  thank  God,  that  in 
this  bright  land  of  ours,  poverty  is  not  a  hereditament  to  be  trans- 
mitted in  perpetuity  from  father  to  son,  and  generation  to  genera- 
tion. Our  condition  is  not  like  that  of  other  countries  where  in- 
dustry is  vain  and  enterprize  is  angatory  to  ameliorate  the  con- 
dition of  humanity.  Our  poor,  sir,  are  not  as  the  serfs,  the  rabble, 
and  canaile  of  Europe.  Our  country  is  a  kinder  mother.  Not  like 
Russia,  or  unhappy  Poland,  where  the  manes  of  an  unavenged 
Koscinsko  bewails  the  fall  of  his  country.  Not  as  Austria  whence 
the  edicts  of  political  tyranny  are  denounced  upon  the  heads  of 
a  Kossuth,  or  Mazini.  or  as  in  Turkey  where  the  spirit  of  man  is 
debased  and  his  energy  emasculated  by  the  sensual  dreams  of 
Islamism.  Not  as  in  Greece,  "sad  relic  of  departed  worth."  Nor 
Italy  that — 

"Niobe  of  nations 

Childless  and  voiceless  in  her  war." 

Nor  a  Spain  or  France  alternately  vacillating  between  the  extremes 
of  despotism  and  anarchy.  Nor  yet,  sir,  is  our  condition  like  that 
of  England,  with  all  her  boasted  freedom,  composed  as  she  is  of 
two  hostile  elements  of  society,  capital  adverse  to  labor,  the  one 
feeding  upon  the  blood,  and  literally  grinding  the  very  bones  of 
the  other.  No,  sir,  here  every  fetter  is  taken  from  the  body,  every 
shackle  from  the  soul,  and  every  manacle  from  the  mind,  and  man 
stands  erect  in  the  full  possession,  and  unrestrained  enjoyment  of 
every  faculty  with  which  nature  has  endowed  him  for  the  pursuit 
of  happiness.  The  consequence  is,  the  poor  man  of  to-day  is  the 
rich  man  of  to-morrow. 

Who  are  the  Girards,  the  Astors,  and  the  Lawrences  of  America? 
The  children  of  poverty,  obscurity,  and  early  necessity. — Their 
history  will  be  found  to  be  that  of  a  large  majority  of  the  affluent 
of   our   country.     Again,   sir,   I   would   ask    who    are  they  who   by 


A  Source  Book  of  the  University  of  Texas  143 

their  energy,  their  industry,  and  their  unremitting  toil  and  study, 
"made  their  lives  sublime."  in  scientific,  philosophic,  and  political 
usefulness?  The  sons  of  the  poor  men  of  America!  They  have 
far  outstripped  the  sons  of  the  rich  in  the  race  of  glory.  They 
are  they  who  in  our  country's  history  have  become  world-renowned 
lights,  and  examples.  Scarcely  able  in  youth  to  get  along  without 
daily  labor,  they  are  they  who  have  won  the  honors  of  our  colleges, 
and  carried  away  as  trophies  of  their  aspiration  the  prizes  and 
medals.  They  have  gone  forth  from  their  collegiate  lucubrations, 
panoplied  with  the  armor  and  protected  by  the  aegis  of  .uinerva.  In 
the  Senate  chamber  they  wield  the  rod  of  Hermes  and  the  sceptre 
of  mental  empire.     When  they  die  they  are  apotheosised, 

"Their  graves  are  pilgrim  shrines, 
The  Delphian  vales,  the  Palestines 
The  Meccas  of  the  mind." 

I  am  proud  to  stand  in  my  place  today,  and  repudiate  in  the 
name  of  the  mighty  dead  of  Texas  and  the  Unicm, 

"Whose  sceptered   spirits  rule   us  from  their  urns" 

the  unfounded  aspersion  upon  the  poor  men  of  Texas,  that  they 
are  not  interested  in  the  establishment  of  an  University.  They 
are  interested  as  much  as  rich  men,  in  the  discovery  and  elimination 
of  scientific  truth  and  principles.  They  are  interested  in  the 
education  of  their  posterity.  They  are  interested  in  the  creation 
of  statesmen  in  whom  to  confide  the  trust  of  political  affairs,  heroes 
to  lead  their  armies  in  battle,  and  gigantic  intellects  to  defend 
their  political  faith.  They  are  interested  as  much  as  any  other 
men  in  the  progress  of  the  arts  and  sciences.  They  are  interested 
in  the  progress  of  civilization. 

Finally,  sir.  I  feel  bound  to  proclaim  for  the  poor  men  among 
my  constituents,  that  they  are  interested  in  anything  and  every- 
thing that  will  contribute  to  the  independence  and  glory  of  Texas. 
And.  sir,  whatever  may  be  her  fate  in  relation  to  the  Federal  Union, 
they  desire  that  the  radiant  lustre  of  the  "Lone  Star"  may  never 
grow  dim  in  the  political  heavens;  but  that,  in  the  union  or  out 
of  the  Union,  she  may  remain  imperial  now  and  forever. 

J 
House,   February   4,   18.~>8;    pp.   211-216 

Mb.  Shannon  said:  I  feel,  as  a  mutter  cf  course,  a  great  deal  of 
diffidence  in  attempting  to  discuss  this  question,  after  the  rhetorical 
and  eloquent  speech  of  the  gentleman  who  has  preceded  me.  I 
hardly  feel  as  if  I  could  engage  the  attention  of  the  House  for  the 


144  University  of  Texas  Bulletin 

five  minutes  allotted  me.  And  were  it  not  that  I  feel  something  of 
the  responsibility  which  I  owe  to  this  sacred  instrument;  were  it  not 
that  I  can  recollect,  and  very  vividly  recollect,  that  about  three 
months  ago,  I  stood  up  at  that  desk  and  held  up  my  right  hand, 
swearing  to  support  the  Constitution  of  Texas.  I  would  not  now  at- 
tempt to  offer  my  reasons  for  opposing  this  measure. 

There  was  sometime  ago  a  resolution  offered  in  this  House  to  es- 
tablish a  University.  That  resolution  was  amended  about  in  this 
way:  that  in  the  event  of  one  University  being  established  West  of 
the  Trinity,  a  school  of  an  elevated  character  should  be  endowed 
East  of  it,  and  vice  versa.  The  proposition  never  was  voted  down 
to  establish  two  universities;  it  was  the  proposition  to  establish  one 
University,  with  that  amendment.  And  gentlemen  may  fix  this  up 
in  any  way  they  please,  this  constitutional  provision  will  stare  them 
in  the  face:  "After  a  bill  or  resolution  has  been  rejected  by  either 
branch  of  the  Legislature,  no  bill  or  resolution  containing  the  same 
substance  shall  be  passed  into  a  law  during  the  same  session." 
When  this  matter  was  up  before,  simply  because  I  did  not  feel 
myself  competent  to  discuss  such  a  question,  I  never  bothered  the 
House  with  any  remarks.  But  I  read  the  Constitution  sometimes, 
and  I  profess  sometimes  to  understand  what  portions  I  do  read. 

I  will  refer  very  briefly  to  the  grounds  of  my  opposition  to  a 
grand  institution  of  this  kind.  And  here  I  will  say  that  I  am  as 
much  in  favor  of  education  as  any  gentleman  on  this  floor.  I  would 
like  to  see  it  progress  and  flourish  throughout  the  land.  I  am  in 
favor  of  appropriating  the  moneys  of  the  State  of  Texas  to  the  edu- 
cation of  the  sons  of  her  soil.  Yet.  sir.  I  want  it  appropriated. in 
such  a  way  as  will  bear  equally  upon  all,  so  that  the  poor  as  well 
as  the  rich  can  be  the  recipients  of  its  benefits.  Now  I  ask  the 
friends  of  this  measure,  who  will  be  the  beneficiaries  of  an  insti- 
tution of  this  kind;  grand,  and  magnificient,  and  glorious  as  it 
has  been  painted  by  gentlemen  who  have  addressed  this  House 
in  its  advocacy?  The  great  majority  of  the  people  of  Texas  are  poor. 
Nine-tenths  of  the  children  of  the  country  will  never  be  benefitted 
in  any  measure  by  the  creation  of  mis  great  institution.  They 
never  can  attain  even  that  degree  of  education  which  wLi  admit 
them  within  the  walls  of-  this  University.  And  it  is  for  the  masses 
of  the  people  that  we  ought  to  legislate  here.  We  are  called  upon 
to  enact  such  laws  as  will  promote  the  greatest  good  to  the  greatest 
number.  I  am  aware  that  a  higher  and  more  extensive  education 
can  be  obtained  in  an  institution  of  this  kind  than  in  such  as  are 
founded  and  sustained  by  private  enterprise.  Yet  while  the  few 
are  acquiring  this  superior  education  there,  thousands  upon  thou- 
sands of  the  masses  of  the  country  are  shut  out  from  its  advantages, 
and  destitute  even  of  the  means  necessary  to  enable  them  to  attain 
the  ordinary  branches  requisite  in  every  day  life.     We  are  now  leg- 


A  Sourer  Book  of  tTit   University  of  Texas  145 

lslating  the  means  of  the  people  of  Texas  away.  Are  they  to  be  so 
appropriated  as  to  benefit  only  a  comparative  few?  For  I  ask  gen- 
tlemen how  they  are  going  to  arrange  it  so  that  all  may  be  equally 
benefitted?  Can  they  get  up  such  an  institution  on  a  scale  suf- 
ficiently grand  to  educate  every  child  in  Texas?  Can  they  thus 
educate  a  hundredth  or  a  thousandth  of  the  rising  generation  In 
this  State?  Then,  fir,  how  are  they  to  divide  out  the  benefits  of 
this  institution?  Who  are  to  be  the  lucky  ones — who  the  unlucky? 
If  we  had  money  enough  to  found  an  institution  in  which  all  the 
children  of  the  State  of  Texas  could  be  educated  gratuitously.  God 
knows  I  would  go  one  dollar  beyong  the  most  liberal  in  its  en- 
dowment. 

The  alloted  time  having  expired,  Mr.  Shannon  had  leave  to  proceed. 
Mb.    Shannon:     I    feel    obliged   to   the    House   for   the    courtesy    ex- 
tended to   me.      I   believe   it  is   the  first   time   I   have   attempted   to 
speak  upon  this  subject. 

The  Speaker  (Lccke)  :  The  motion  to  reject  is  new  in  order. 
The  question  w'ould  be  regularly,  the  passage  of  the  bill  to  a  third 
reading.  But  the  chair  does  not  consider  it  within  his  province  to 
decide  upon  the  constitutional  question.  In  that  matter  every  mem- 
ber has  the  same  right  that  he  claims  for  himself. 

Mb.  Shannon:  I  was  about  to  ask,  hew  are  gentlemen  going  to 
manage  this  thing,  so  that  the  little  ragged  urchins,  the  children 
of  the  poor,  as  well  as  the  rich  man's  sons,  can  be  the  beneficiaries 
of  this  institution?  If  they  can  get  up  an  institution  of  such  kind, 
I  would  be  in  favor  of  appropriating  the  money  and  lands  of  the 
State  for  its  endowment.  But  when  we  commence  legislating  away 
the  means  of  Texas,  I  want  to  be  satisfied  that  the  benefits  to  be 
conferred  will  be  fairly  and  equally  distributed  to  all  classes  of  the 
community.  Now  every  man  of  common  sense  knows,  every  man 
of  ordinary  observation  must  know,  that  it  is  only  the  rich  man's 
son  who  can  be  benefitted  by  this  institution.  And  it  is  for  that 
reason,  I  am  opposed  to  it.  As  I  remarked  before,  I  will  go  a  little 
beyond  the  most  liberal  man  in  appropriating  our  means  for  the 
common  schools  of  the  country.  I  am  willing  that  all  the  money 
we  have  got  to  spare,  and  all  the  land  not  absorbed  by  railroads  and 
other  speculations,  every  acre  of  it,  shall  go  to  support  common 
schools.  But  I  am  not  in  favor  of  one  acre  of  it  going  to  benefit  the 
children  of  men  who  are  able  to  educate  them'  without  the  aid  of 
the  State.  Let  all  the  money  we  can  spare,  I  say,  and  all  the  land 
go  to  the  endowment  of  common  schools,  where  the  rich  man's  son, 
as  well  as  the  poor  boy,  can  acquire  the  elements  of  a  good  educa- 
tion, and  pursue  his  studies  until  he  reaches  the  point  wuere  he 
finds  himself  prepared  for  college.  When  he  gets  beyond  that  the 
rich  man  is  not  only  able  but  willing  to  give  his  child  a  scholastic 
education.     Then,  sir.  in  legislating  this  money  away,  let  us  do  it  in 

10 — 227 


146  University  of  Texas  Bulletin 

BtlCfl  manner  that  all  can  participate  equally  in  the  benefits  to  be 
derived  from  its  appropriation. 

Mb.  Norton,  after  stating  his  recollections  of  the  previous  action 
of  the  House  in  connection  with  the  question,  and  referring  to  the 
clause  of  the  constitution  which  has  been  cited  during  the  dis- 
cussion, proceeded: 

"After  a  bill  or  resolution  has  been  rejected  by  either  branch 
of  the  Legislature,  no  bill  or  resolution  containing  the  same  sub- 
stance shall  be  passed  into  a  law  during  the  same  session."  Is  this 
body  a  branch  of  the  Legislature  or  not?  There  is  some  doubt 
about  that,  I  believe,  of  late.  In  the  name  of  God,  Mr.  Speaker,  what 
does  this  language  mean?  This  University  question  was  had  under 
discussion  for  many  days  and  weeks  here  during  this  session.  This 
very  same  proposition,  this  very  same  scheme,  this  very  same  mat- 
er, the  establishment  of  a  mammoth  institution  of  learning,  was 
before  this  body.  Will  it  be  said,  can  it  be  said,  that  this  is  not 
the  same  in  substance,  that  this  has  not  the  same  object?  How 
can  any  man  who  makes  any  pretensions  to  candor,  make  such  an 
assertion?  The  first  proposition  was  to  erect  a  University.  The 
committee  themselves  said  in  their  report  that  their  first  purpose 
was  to  ascertain  the  sentiment  of  this  House  as  to  that  general  pro- 
position; that  they  wanted  to  know  whether  it  was  the  policy  of 
the  Legislature  to  engage  in  this  enterprise.  What  enterprise  was 
that  to  which  the  chairman  of  the  committee  had  reference?  And 
what  enterprise  have  we  before  us  now?  An  enterprise  for  the  es- 
tablishment of  a  State  University.  Was  not  the  sense  of  this  body 
taken,  its  deliberate  sense,  upon  this  very  proposition?  Was  not  a 
quirt  us  given  it  in  the  early  part  of  this  session?  Sir,  that  is  the 
fact,  as  many  of  us  very  distinctly  remember.  But  now,  when  a  long 
time  has  elapsed,  when  a  large  number  of  gentlemen  who  then 
voted  in  the  majority,  have  returned  to  their  homes,  when  we  have 
been  excusing  member  after  member,  now  at  the  very  heel  of  the 
session,  a  scheme  of  this  character  is  presented.  And  now  we  have 
the  Austin  city  lobby  within  our  halls,  whispering  in  the  ears  of 
members;  we  have  the  influence  of  the  central  clique  at  Austin 
brought  to  bear  upon  us.  and  attempting  to  carry  certain  measures 
through,  nolens  volens,  with  an  organized  press  adverse  to  the 
rights  and  interests  of  the  masses.  Under  these  circumstances,  this 
proposition  is  again  presented,  and  you  are  asked  to  pass  this  bill. 
Why,  sir,  it  is  a  most  absurd  bill.  I  cannot  but  believe  that  its 
friends  themselves  regarded  the  measure  as  already  disposed  of  by 
this  honorable  body.  As  an  evidence  of  that,  I  need  only  refer  to 
the  term  used  in  designating  those  who  are  to  have  the  control  and 
management  of  this  institution.  In  section  third,  they  term  them 
-administrators."      So    it    seems    the    institution    was    deemed    a    dead 


A  Source  Book  of  fin   University  of  Texas  14  i 

cock  in  the  pit,  and  no  longer  regarded  by  its  friends  as  having 
any  life  or  vitality. 

Here  the  Speaker's  hammer  fell,  and  Me.  Norton  took  his  seat. 

Mr.  Powell  said:  I  regret  the  necessity  of  rising  now  to  address 
the  House,  and  I  fear  I  shall  do  injustice  to  the  cause  I  favor.  But 
when  I  hear  such  remarks  made  in  this  hall  as  I  have  listened  to 
this  evening,  I  feel  it  a  duty  I  owe,  not  only  to  myself,  but  to  the 
friends  of  this  measure,  and  the  people  of  my  State,  to  reply  to 
them. 

Who  is  it,  I  ask,  Mr.  Speaker,  who  has  delayed  the  consideration 
of  this  question  until  this  time?  Is  it  the  friends  of  learning,  or 
the  friends  of  this  institution?  Who  are  they  who  have  done  it?  It 
is  not  the  friends  of  the  measure.  They  cannot  charge  it  upon  us, 
who  have  battled  from  the  first  for  this  enterprise  and  the  cause 
of  education  in  general.  It  is  the  opponents  of  the  measure  who 
have  staved  it  off  to  the  present  time. 

Now,  sir,  I  trust  gentlemen  will  let  us  come  to  a  fair  and  honest 
vote  upon  this  bill,  and  not  attempt  to  cripple  and  ride  it  down 
with  amendments.  If  it  is  attempted  to  make  the  question  of  loca- 
tion paramount  to  every  other  c6nsideration,  to  make  that  the  one 
great  thing,  it  is  evident  that  an  incalculable  injury  will  be  done 
to  the  cause  of  education.  Then  I  say  that  those  men  who  attempt 
to  do  it  are  not  the  friends  of  the  people,  not  friends  to  the  cause 
of  education — not  patriots — not  friends  to  their  country. 

Does  this  bill  contemplate  educating  only  the  rich  man's  son,  as 
indicated  by  the  gentleman  from  Johnson,  (Mr.  Shannon)?  Does  it 
give  him  the  exclusive  privilege  of  attending  a  University  course 
and  acquiring  a  liberal  education?  No.  sir,  the  poor  man's  son  can 
come  there  upon  the  same  terms,  and  stand  upon  an  equal  footing 
with  the  son  of  the  rich  man.  Such  arguments  are  too  fallacious  to 
merit  discussion;  they  are  mere  wordy  appeals  to  a  vulgar  pre- 
judice. In  this  country  of  ours,  the  man  who  is  rich  to-day  is  poor 
to-morrow,  and  the  man  who  is  poor  to-day  is  wallowing  in  riches 
to-morrow.  Wealth  among  us  is  not  handed  down  from  father  to 
son,  neither  is  poverty.  Men  of  all  classes  acquire  wealth;  the 
children  of  all  acquire  learning. 

The  gentleman  from  Johnson  declares  himself  a  friend  to  com- 
mon schools.  Now,  sir.  I  ask,  have  we  not  endowed  our  common 
schools  most  munificently?  Has  it  not  been  the  constant  policy  of 
the  State  of  Texas,  from  its  first  organization,  to  provide  for  every 
child  within  its  borders,  the  means  of  obtaining  a  good  primary  edu- 
cation? And  now  when  we  ask  to  give  this  very  child  a  higher  grade 
of  learning,  a  higher  standard  of  morality,  and  everything  neces- 
sary to  prepare  him  for  the  higher  walks  of  life,  then  these  friends 
of  universal  education  come  up  and  oppose  us.  Sir,  give  me  a 
whole  apple,  and  none  of  your  skins  and  peelings. 


148  University  of  Texas  Bulletin 

Mb.  Powell  made  a  few  other  remarks  indistinctly  heard  by  the  re- 
porter, and  concluded  as  his  time  expired. 

Mu.  Kittrell  said:  The  deep  interest  I  feel  in  this  measure,  and 
the  anxiety  I  have  evinced  in  the  performance  of  my  duty  as  chair- 
man of  the  Committee  on  Education,  are  well  known  to  every  gen- 
tleman upon  this  floor.  I  am  not  ashamed  to  avow  it;  on  the  con- 
trary, could  I  be  in  the  least  degree  instrumental  in  inaugurating 
this  great  enterprise,  I  should  feel  that  it  was  one  of  the  proudest 
acts  of  my  life. 

I  hope  the  House  will  indulge  me  while  I  make  a  brief  statement 
of  the  facts  of  the  case,  in  opposition  to  the  very  perverted  state- 
ment made  by  the  gentleman  from  Henderson,  (Mr.  Norton,)  which, 
with  all  his  pretended  fairness  and  candor,  was  the  greatest  piece 
of  sophistry  and  perversion  of  fact  that  I  have  ever  had  occasion 
to  listen  to  in  my  life.  That  gentleman  has  manifested  a  very  sin- 
gular pecularity  during  this  session,  in  the  preservation  of  Journals 
and  records.  Such  a  thing  is  exceedingly  commendable  indeed.  I 
think  it  is  praise-worthy  in  him,  that  he  should  have  a 
proper  regard  for  the  business  of  this  Legislature  as  it 
passes.  But  when  he  has  occasion  to  refer  to  facts  of  this  kinfl, 
I  think  it  due  to  candor  and  the  importance  of  the  subject,  that  he 
should  state  them  just  as  they  are.  Well,  now,  Mr.  Speaker,  the 
Committee  on  Education  instructed  me  to  say  just  this:  that  this 
was  an  important  question;  that  in  view  of  the  great  difficulty  of 
digesting  and  maturing  a  plan  for  a  State  University  in  detail,  we 
thought  it  best  to  submit  to  the  Legislature  the  simple  test  question, 
whether  or  not  it  would  go  into  this  enterprise  at  this  session,  and 
whether  it  would  be  the  policy,  if  it  did  so,  to  have  one  or  two  uni- 
versities; and  that  was  suggested  in  compliment  of  the  opinion  of 
the  gentleman  from  Smith,  and  two  or  three  others  upon  the  Com- 
mittee, who  seemed  to  favor  two  Universities.  But  a  large  majority 
of  the  committee  instructed  me  to  say  what  is  embodied  in  the 
resolution,  "that  it  is  the  sense  of  this  Legislature  that  we  establish 
one  University  at  this  session,"  and  if  that  was  decided  on,  it  was 
determined  that  we  should  proceed  to  take  action  in  the  matter  as 
soon  as  practicable.  After  that  proposition  was  adopted,  the  gen- 
tleman from  Smith,  (Mr.  Chilton,)  moved  to  amend  by  adding  his 
proposition  for  two  Universities.  That  was  voted  down.  The  one 
University  scheme  has  never  been  voted  down  in  this  House.  There 
never  has  been  a  direct  vote  taken  upon  it  yet.  Before  the  opportun- 
ity was  presented  for  that,  the  gentleman  from  Smith  rose  and 
offered  as  a  substitute  the  minority  report,  recommending  the 
creation  of  two  Universities.  Then  the  gentleman  from  Rusk,  (Mr. 
Ross,)  offered  that  monstrosity,  for  I  know  not  what  else  to  call  it. 

After  some  sentences  lost  by  the  Reporter, 


A  Source  Book  of  the  University  of  Texas  149 

Mb.  Kittrell  proceeded:  This  proposition  was  substituted  by  the 
vote  of  the  "No  University"  members,  with  the  assistance  of  the 
friends  of  two  Universities,  and  the  help  of  these  gentlemen  of  very 
tender  consciences.  The  gentleman  from  Johnson,  (Mr.  Shannon,) 
was  one  among  the  few  who  were  candid  enough  to  acknowledge 
that  their  object  in  uniting  upon  this  two  University  project  was  to 
defeat  the  whole  scheme.  That  was  the  ground  he  took,  with  all 
his  professions  of  fairness,  and  all  his  high  and  sacred  regard  for 
the  oath  he  has  taken,  which  I  do  not  question  at  all.  But  while 
I  am  ready  to  concede  him  so  much,  I  think  it  a  very  small  request 
to  make  of  him,  that  he  on  his  part  will  award  to  us  who  differ 
from  him  in  opinion,  the  same  purity  of  conscience  and  regard  for 
an  oath. 

Well,  sir.  after  this  monstrosity  had  been  proposed  by  the  gen- 
tlemen from  Rusk,  and  imposed  upon  the  House  by  the  "No  Uni- 
versity" and  the  "Two  University"  men,  the  "One  University"  men 
had  no  other  resource  at  all  but  to  vote  against  that  thing.  They 
did  vote  against  it,  and  voted  it  down.  Now  I  ask  gentlemen  to  take 
these  propositions  and  compare  them  together.  Put  his  side  by  side 
with  that  of  the  gentleman  from  Rusk;  and  if  there  is  any  sane 
man  in  this  House,  any  man  that  knows  his  alphabet,  who  can  say 
that  they  are  the  same  propositions,  then  I  will  say  that  he  can 
boast  an  astuteness  that  I  have  no  claim  to  whatever. 

Mb.   Rainey  offered  the   following  amendment: 

"Provided,  said  University  shall  be  located  between  the  Brazos 
and  the  Trinity  rivers,  and  between  the  31st  and  33rd  parallel  of 
north  latitude" 

After  some  remarks  by  Messrs  Harrison,  Burnett  and  others, 

Mb.  Evans  of  McLennan  said:  I  do  not  want  to  impose  upon  the 
House,  as  I  think  the  House  will  bear  me  witness  I  am  not  in  the 
habit  of  doing  so.  I  only  wish  now  to  refer  to  some  remarks  which 
fell  from  the  gentleman  from  Henderson.  I  am  one  of  the  number 
of  those  who  cast  their  vote  against  the  proposition  which  was  killed 
in  this  House.  He  contended  that  the  establishment  of  a  University 
under  constitutional  provisions  was  by  that  vote  sacrificed.  I  think 
that  gentleman  was  mistaken.  No  such  proposition  has  ever  been 
voted  against  by  myself.  No  such  proposition  as  the  one  now  before 
the  House  has  ever  been  considered.  I  have  voted  against  no  pro- 
position for  the  establishment  of  a  University.  For  those  who  are 
honestly  opposed  to  this  measure,  I  have  the  highest  respect;  they 
are  right  in  following  their  own  convictions  of  duty.  But  from  those 
who  profess  to  favor  the  project,  and  yet  at  every  step  in  its  pro- 
gress, attempt  to  stab  it  to  death,  it  comes  with  a  bad  grace  now 
to  charge  it  upon  me,  that  I,  as  one  of  those  who  cast  the  vote 
alluded  to,  aided  in  preventing  the  establishment  of  a  State  Uni- 
versity. 


150  I'niversity  of  Texas  Bulletin 

There  is  an  amendment  now  before  the  House,  providing  that  this 
institution  shall  be  located  between  the  Brazos  and  the  Trinity,  and 
between  31  and  3  3  degrees  north  latitude.  I,  sir,  live  in  that  ter- 
ritory; I  live  in  central  Texas;  and  I  am  here  ready  to  say,  that 
thougli  the  adoption  of  that  amendment  might  give  the  institution 
to  my  own  town,  I  shall  vote  against  it,  and  I  hope  the  House  will 
reject  it.  What  killed  the  bill  before?  Was  it  that  the  voice  of  the 
people  of  the  State  was  against  it?  No,  Sir,  it  was  this  question  of 
location.  It  was  done  by  the  members  from  east  of  the  Trinity,  and 
a  few  western  members  who  made  the  location  the  paramount 
question.  I  say,  sir,  though  it  were  to  be  located  thereby  in  my  own 
town,  I  would  vote  against  this  amendment.  Let  us  not  drag  this 
question  of  location  in  here. 

After  some  sentences  inaudible  to  the  Reporter,  he  concluded: 

Let  it  not  be  asserted  that  we  who  voted  against  this  monstrous 
proposition  must  go  home  to  our  constitutents  bearing  the  respon- 
sibility of  defeating  this  great  measure.  We  won't  take  it.  We  hurl 
it  back  where  it  belongs. 

Mr.  Ross,  after  some  remarks  lost  by  the  Reporter,  read  the  3rd 
section  of  an  act  of  the  Congress  of  Texas,  passed  January  2  6th, 
1839,  as  follows: 

"Be  it  enacted,  That  the  President  of  the  Republic  be,  and  he  is 
hereby  authorized  and  required  to  appoint  a  Surveyor  and  have 
surveyed  on  and  from  any  of  the  vacant  lands  of  this  Republic,  fifty 
leagues  of  land,  which  is  to  be  set  apart  and  is  hereby  appropriated 
for  the  establishment  and  endowment  of  two  Universities,  here- 
after to  be  created;  and  that  the  President  is  hereby  authorized  to 
draw  upon  the  Treasury  of  this  Republic  for  such  sum  or  sums  of 
money  as  may  be  necessary  for  defraying  the  expenses  to  be  incurred 
by  locating  and  surveying  said  lands." 

He  then  proceeded:  This  is  where  the  idea  of  that  "monstrosity" 
originated. — Those  are  the  people  with  whom  it  had  its  origin.  And 
I  contend  that  we  should  be  doing  injustice  to  my  section  of  the 
State,  to  take  this  land  so  set  apart  and  appropriated  for  this  ex- 
press object  to  establish  one  University,  either  in  the  east  or  west. 
I  will  therefore  offer  an  amendment  to  this  section.  I  propose  to 
strike  out  all  that  relates  to  that  fifty  leagues  of  land. 

Mb.  Edwards:  I  would  ask  if  the  gentleman  from  Rusk  has  not 
learned  that  it  was  the  intention  of  those  who  made  this  appro- 
priation to  set  apart  that  amount  of  land  for  the  endowment  of  two 
Colleges,  one  for  the  males,  and  the  other  for  the  females  of  the 
country? 

Mr.  Ross:  Then  the  more  heinous  the  offense;  because  you  have 
robbed  one  of  the  sexes  of  the  land  appropriated  for  their  benefit 
by   the   fathers   of  the   country.      I   look   upon   this   land   as   sacred 


A  Source  Book  of  the  University  of  Texas  151 

property,  not  to  be  touched  for  any  purpose  whatever,  except  that 
expressly  designated  by  the  framers  of  the  act. 

Mr.  Powell:  I  ask  if  there  is  any  clause  in  the  bill  that  tends  to 
deprive  the  females  of  the  community  of  any  portion  of  the  ad- 
vantages to  be  derived  from  that  appropriation? 

Mb.  Ross:  I  say  that  this  appropriation  \v;is  made  of  these  lands 
in  1839  by  those  who  established  this  independent  government. 
And  I  say  too,  that  it  is  laying  a  sacriligious  hand  upon  them,  to 
take  them  now  and  divert  them  into  any  other  channel.  And  I  say 
I  know  that  no  amendment  I  ever  offered  has  squinted  that  way  at 
all. — I  am  perfectly  willing,  if  the  friends  of  this  institution  are 
willing  to  see  it  located  in  a  proper  and  central  position,  to  vote 
them  a  hundred  leagues  of  land.  But  I  am  unwilling  to  lay  my 
sacriligious  hands  upon  those  fifty  leagues,  because  it  was  not  so 
intended  by  those  who  made  the  appropriation.  I  therefore  propose 
to  strike  out  that  fifty  leagues  of  land,  and  in  lieu  of  that  to  ap- 
propriate to  this  University  every  fiftieth  instead  of  every  hundredth 
section. 

Me.  Ross  offered  the  following  substitute  for  the  amendment: 

Section  14:  It  shall  be  the  duty  of  the  Governor  by  and  with 
the  advice  and  consent  of  the  Senate,  to  appoint  three  Commis- 
sioners, one  of  whom  lives  East  of  the  Trinity  river,  one  between 
the  Trinity  and  Brazos  rivers  and  one  West  of  the  Brazos 
whose  duty  it  shall  be  to  select  and  designate  a  site  for  said  Uni- 
versity, and  in  making  said  location  they  shall  take  into  particular 
consideration  the  convenience  of  wood  and  water,  and  healthy  local- 
ity, with  convenience  for  communication  in  different  directions;  pro-' 
vided,  that  said  location  shall  be  situated  between  the  Trinity  and 
Brazos  rivers,  and  between  the  31st  and  33rd  degrees  of  north 
latitude,  and  make  due  return  of  the  same  to  the  Governor 

After  some  remarks  by  Messrs  Brown,  Walling  and  others, 

Mr.  LeSueur  moved  to  adjourn  until  9%  o'clock,  A.  M.  tomorrow; 
the  yeas  and  nays  being  demanded,  the  House  refused  to  adjourn 
by  a  vote  of  22  years  and  51  nays. 

Mr.  Powell  moved  to  lay  the  substitute  on  the  table. 

Mr.  Bee  moved  the  previous  question. 

Mr.  Poag  moved  to  adjourn  until   7  o'clock — lost. 

On  motion  of  Mr.  Doom  a  call  of  the  House  was  ordered. 

Mr.  Burnett  moved  to  adjourn  until  9  o'clock  A.  M.,  tomorrow — 
lost. 

Absentees:  Messrs.  Baldwin,  Bishop,  Chilton,  Crawford,  Dal- 
rymple,  Evans  of  Austin,  Harris  of  Titus,  Henderson  of  Harris,  Jen- 
nings, Johnson,  Latham,  McKenney  of  Hopkins,  Reeves,  Rogers, 
Witt  and  Wood. 

Mr.  Norton  moved  to  send  the  Sergeant-at-Arms  for  absentees — 
lost. 


L52  University  of  Texas  Bulletin 

\n:.  Evebi n   moved  to  adjourn  until  7  o'clock  P.  M. — iost. 

Mb.  LeSueub  moved   to  adjourn  until   8V2    o'clock  P.   M. — lost. 

Mk.  MoKinney    of   Travis,    moved   to    suspend    the    call — lost. 

.Mu.  Henderson  of  Cass,  moved  to  adjourn  until  7%  o'clock,  P.  M. — 
lost. 

Mr.  Fisheb  moved  to  suspend  the  call — lost. 

Mb.  Bee  moved  to  adjourn  until  7%   o'clock — lest. 

Mb.  Dennis  moved  to  send  the  Sergeant-at-Arms  for  absentees — 
lost. 

Mb.  Kinney   moved  to  adjourn  until   9%    o'clock  to-morrow,  A.   M. 

— lost. 

On  motion  of  Me.  Bee,  the  Sergeant-at-Arms  was  dispatched  for 
absent  members. 

On  motion,  the  call  was  suspended. 

Mb.  Powell  withdrew  his  motion  to  lay  on   the  table. 

Mr.  Bee  withdrew  his  motion  for  the  previous  question. 

The  question  recurring  on  the  adoption  of  Mr.  Ross's  substitute. 

The  ayes  and  nays  were  called  for, 

Mb.  Brown,  when  his  name  was  called,  said:  While  I  vote  against 
this  substitute,  I  am  in  favor  of  locating  the  University  within  the 
bounds  there  designated.  I  so  declared  early  in  the  session.  But 
I  do  not  think  it  best  to  adopt  this  amendment.     I  vote  no. 

Mb.  Buckley:  I  vote  No  for  the  same  reasons  given  by  the  gentle- 
man from  Galveston.      (Mr.  Brown.) 

Mb.  Cleveland:  In  voting  against  this  amendment  I  rise  high 
above  any  sectional  feeling.  Knowing  that  it  will  have  a  tendency 
'  to  kill  the  bill,  if  it  is  attached  to  it.     I  vote  NO. 

Mb.  Craig:  To  adopt  that  amendment  would  take  this  institu- 
tion nearer  perhaps  to  my  residence.  But  for  the  same  reason  given 
by  the  gentleman  last  upon  the  floor,  I  vote  NO. 

Mr.  Everett:  I  think  once  before  upon  this  question  I  declared 
that  the  people  of  Creokee  county  would  sustain,  cherish,  and  en- 
courage one  University,  which  should  be  located  without  reference 
to  the  accomodation  of  any  particular  section  of  the  State.  I  thought 
so  then,  and  I  think  so  yet.     Therefore  I  shall  not  NO. 

Me.  Kittbell:  Believing  that  however  desirable  the  adoption  of 
this  amendment  might  be  as  a  matter  of  compromise  among  the 
friends  of  the  measure,  it  would  yet  render  the  bill  doubtful  in  con- 
stitutionality, as  embodying  two  objects,  the  bill  proposing  to  endow 
a  University,  and  the  amendment  to  locate  it;  knowing  the  peculiar 
sentiments  which  our  Governor  entertains  in  regard  to  these  mat- 
ters, and  fearing  that  it  will  defeat  the  measure,  I  shall  be  com- 
pelled to  vote  against  it,  while  my  inclination  would  prompt  me  to 
vote  for  it.     I  vote  NO. 

Mb.  Mills:  I  am  in  favor  of  this  University  bill,  and  in  favor  of 
that  amendment  or  substitute.     But  I  prefer  that  this  main  question, 


A  Source  Book  of  the  University  of  Texas  15:3 

divested  of  all  questions  of  locality,  be  presented  to  this  Legislature 
for  their  decision.  I  say  now  to  the  opponents  of  this  bill,  and  to 
the  friends  of  the  substitute,  that  when  the  question  of  locality 
comes  up,  I  shall  vote  for  the  location  of  this  institution  within  the 
bounds  mentioned  in  that  substitute.     I  vote  NO. 

Mb.  Norton:  The  remarks  of  the  gentleman  from  Madison  (Mr. 
Kittrell)  have  convinced  me  of  the  propriety  of  my  voting  constitu- 
tionally in  favor  of  that  amendment.     I  vote  AYE. 

Mr.  Aycock:  I  deem  that  the  region  of  the  country  where  this 
institution  ought  to  be  located,  and  I  do  not  see  any  constitutional 
objection  to  adding  that  feature  to  the  bill.  My  sense  of  propriety, 
therefore,  influences  me  to  vote  AYE. 

The  House  refused  to  adopt  the  substitute  by  the  following  vote: 

Yeas. — Messrs.  Speaker,  Aycock,  Bishop,  Burks,  Burnett,  Carroll, 
Collier,  Doom,  Gaston,  Harris  of  Titus,  Harrison,  Hart,  Johnson, 
Kirk,  Lacy,  Lewter,  Lloyd,  McKenney  of  Hopkins,  Norton,  Poag, 
Rainey,  Reeves,  Rhodes,  Roberts,  Ross,  Scott,  Shannon,  Shelton, 
Waterhouse  and  Wood — 31. 

Nays — Messrs.  Barnard,  Bee,  Brown,  Buckley,  Chance,  Cleveland, 
Clow,  Cooley,  Craig,  Dennis,  Evans  of  Austin,  Evans  of  McLennan, 
Everett,  Fisher,  Hall,  Hardeman,  Harris  of  Guadalupe,  Haynes  of 
Starr,  Haynes  of  Washington,  Higgins,  Howerton,  Joseph,  Kinney, 
Kittrell,  Lee,  McKinney  of  Travis,  Merriman,  Mills,  Munson,  Navarro, 
Powell,  Price,  Smith  of  Orange,  Tait,  Upshaw  and  Waelder — 36. 

The  question  then  recurring  on  Mr.  Rainey's  amendment,  the 
same  was  put  and  the  House  refused  to  adopt  the  amendment  by  the 
following  vote: 

Yeas — Messrs.  Speaker,  Aycock,  Bishop,  Burks,  Burnett,  Carroll, 
Collier,  Crook,  Doom,  Gaston,  Harris  of  Titus,  Harrison,  Hart,  John- 
son. Kirk,  Kittrell,  Lacy,  Lewter,  Lloyd,  McKenney  of  Hopkins,  Nor- 
ton, Poag  Rainey,  Reeves,  Rhodes,  Roberts,  Ross,  Runnels,  Scott, 
Walling,   Waterhouse  and  Wood — 34. 

Nays — Messrs.  Barnard,  Bee,  Brown,  Buckley,  Chance,  Cleveland, 
Cooley,  Craig,  Dennis,  Edwards,  Evans  of  Austin,  Evans  of  McLen- 
nan, Everett,  French,  Hall.  Hardeman,  Harris  of  Guadalupe,  Haynes 
of  Starr,  Haynes  of  Washington,  Henderson  of  Cass,  Higgins,  How- 
erton, Joseph,  Kinney,  Lee,  McKinney  of  Travis,  Merriman,  Mills, 
Munson,  Navarro  Powell,  Price,  Smith  of  Orange,  Tait,  Upshaw 
and  Waelder — 38. 

Mr.  Doom  proposed  to  amend  as  follows: 

"Strike  out  50  leagues  appropriated  by  the  Congress  of  Texas  in 
1839." 

The  House  refused  to  adopt  the  amendment  by  a  vote  of  25  yeas 
to  43  nays. 

Mr.  Ross  offered  a  substitute  for  the  12th  Section,  as  follows: 


154  University  of  Texas  Bulletin 

"The  administrators  shall  once  in  two  years  -elect  a  Treasurer, 
who  shall  give  bond  in  the  sum  of  $200,000  for  the  performance 
of  his  duty,  approved  by  the  President,  and  whose  duty  it  shall  be 
to  collect  and  disburse  the  funds  of  the  University,  under  the  dir- 
ection of  the  Board  of  Administrators." 

The  House  refused  to  adopt  the  amendment  by  a  vote  of  2.3  ; <  et>» 
to  42  nays. 

Ma.   Lewtee  proposed  the  following  as  an  additional  section: 

"And  should  such  University  be  located  East  of  the  Trinity  River, 
there  shall  be  establshed  West  of  the  same,  a  literary  college  of 
equal  rank  and  -endowment  with  the  literary  department  of  the 
University.  But  if  the  University  should  be  located  West  of  said 
River,  then  such  college  shall  be  established  East  of  the  same." 

The  question  being  on  th-e  adoption  of  the  amendment,  the  ayes 
and  nays  were  called  for, 

Mr.  Rainey  said:  I  sincerely  desire  to  vote  for  this  bill,  and  I 
would  like  to  see  it  so  amended  that  I  could  vote  for  it. 

I  would  vote  for  the  bill,  provided  the  House  would  accept  an 
amendment  locating  the  University  as  near  the  centre  of  population 
as  possible.  I  would  then  heartily,  cordially,  most  cheerfully  and 
unreserved  support  it.  Unless  that  is  done  I  cannot  vote  for  it; 
or  unless  the  University  is  divided,  or  at  least  the  matter  so  ar- 
ranged, that  if  the  main  University  is  located  in  the  West,  then  the 
East  shall  be  entitled  to  a  Literary  Department,  and  vice  versa,  in 
either  event  I  will  vote  for  the  measure. 

Cries  of — "Call  the  roll!  call  the  roll!" 

The  House  refused  to  adopt  the  amendment  by  the  following  vote: 

Yeas — Messrs.  Speaker,  Bishop,  Burnett,  Chilton,  Doom,  Gas- 
ton, Harris  of  Titus,  Harrison,  Hart,  Henderson  of  Cass,  Jennings, 
Johnson,  Lacy,  Lloyd,  McKenney  of  Hopkins,  Norton,  Rainey,  Ross, 
Runnels,  Walling,  Waterhouse  and  Witt — 23. 

Nays — Messrs.  Aycock,  Barnard,  Bee,  Brown,  Buckley,  Chance, 
Cleveland,  Clow,  Cooley,  Craig.  Dalrymple,  Dennis,  Edwards,  Evans 
of  Austin,  Evans  of  McLennan,  Fish-er,  Everett,  Hall,  Hardeman, 
Harris  of  Guadalupe,  Haynes  of  Starr,  Haynes  of  Washington,  Hen- 
derson of  Harris,  Higgins,  Howerton,  Joseph,  Kinney,  Kittrell, 
Latham,  Lee,  McKinney  of  Travis,  Merriman,  Mills,  Navarro,  Powell, 
Price,  Reeves,  Rhodes,  Roberts,  Rogers,  Shannon,  Smith  of  Fannin, 
Smith  of  Orange,  Tait,  Upshaw,  Waelder  and  Wood — 47. 

Mb.  Hart  proposed  a  substitute  for  first  section  of  the  bill,  sub- 
mitting the  question  to  the  people  at  the  next  general  election. 

Mr.  Evaxs  of  McLennan ^said:  I  ask  if  that  is  not  conferring 
Legislative  powers  upon  the  people  at  the  ballot  box? 

Mr.  Hart:  That  is  not  the  question.  I  want  the  vote  taken  on 
it;   let  every  man  decide  for  himself. 


A  Source  Book  of  the  University  of  Terns  155 

The  Ayes  and  Nays  being  called,  on  reading  the  name  of  Mb.  Bar- 
nard, he  rose  and  said: 

Mr.  Speaker,  I  deem  it  it  my  duty  at  this  time  to  explain  the  rea- 
.sons  tor  my  vote.  I  have  opposed  this  whole  measure,  firmly  believing 
that  it  is  not  for  the  interests  of  the  people,  nor  in  accordance  with 
their  wishes.  But,  leaving  the  matter  directly  to  them,  we  get  an 
unmistakable  expression  of  their  sentiments;  and  their  decision  I 
will  most  cordially  support. 

I  vote  AYE. 

Mr.  Evans  of  McLennan,  when  his  name  was  called,  said:  I  do 
not  vote  against  this  substitute  because  I  fear  to  submit  this  or 
any  other  question  to  the  people.  But  I  vote  against  it  because  it 
is  an  attempt  to  give  Legislative  powers  to  the  people.  I  therefore 
vote  NO. 

After  some  remarks  by  Messrs.  Jennings  and  others,  lost  by  the 
Reporter  in  the  confusion,  Mr.  Norton  said:  This  substitute  sub- 
mits this  question  to  the  decision  of  the  people.  It  was  not  one  of 
the  issues  before  the  people  in  my  district,  nor  was  it,  I  believe,  in 
the  majority  of  the  districts  in  the  State  of  Texas.  And  the  people 
being  the  supreme  arbiters  in  all  matters  of  this  kind,  I  yield  it  to 
them  most  cheerfully.  I  am  unwilling,  for  one,  that  this  impor- 
tant question  should  be  finally  settled  upon  this  floor.  I  have  pro- 
tested before  against  the  decision  of  the  question  in  this  manner; 
and  before  I  cast  my  vote  now,  I  wish  to  say  that  my  voice  is  in 
favor  of  submitting  this  matter  to  the  people,  the  source  of  all 
political  power,  in  oppos.tion  to  all  cliques,  and  the  influences  here 
brought  to  bear  to  build  up  institutions  of  this  kind,  after  a  largi 
proportion  of  the  representatives  who  compose  this  body  have  re- 
turned to  their  homes. 

Mr.  Reeves:  As  I  believe  the  Legislature  is  the  only  authority 
by  which  we  can  make  laws,  I  vote  NO. 

Mr.  Shannon:  I  am  fully  satisfied  now  that  some  of  the  members 
upon  this  floor  are  not  willing  to  have  the  people  decide  upon  mat- 
ters of  this  kind.  I  am  fully  satisfied  that  the  wisdom  of  this 
Legislature  has  determined  that  the  people  of  Texas  are  not  capa- 
ble of  deciding  a  matter  in  which  they  and  every  one  of  them  are 
particularly  interested.  I  am  but  a  single  representative.  The  peo- 
ple of  my  district,  perhaps  the  largest  in  the  State,  are  only  repre- 
sented by  one  individual,  and  for  all  of  them  I  vote  AYE. 

The  House  refused  to  adopt  the  substitute  by  the  following  vote: 

Yeas — Messrs.  Barnard,  Bishop,  Burks,  Burnett,  Doom,  Gaston, 
Harris  of  Titus,  Harrison,  Hart,  Jennings,  Johnson,  Kirk,  Lacy, 
Lewter,  McKenney  of  Hopkins,  Norton,  Rainey,  Rhodes,  Ross,  Shan- 
non, Shelton,  Walling,  Waterhouse,  Witt  and  Wood — 25. 

Nays — Messrs.  Speaker,  Aycock,  Bee,  Brown,  Buckley.  Chance, 
Cleveland,  Clow,  Cooley,  Craig,  Dalrymple,  Dennis,  Edwards,  Evans 


156  University   of  Texas  Bulletin 

of  Austin,  Evans  of  McLennan,  Everett,  Ficher,  French,  Hall,  Harde- 
man. Harris  of  Guadalupe,  Haynes  of  Starr,  Haynes  of  Washington, 
Henderson  of  Cass,  Higgins,  Howerton,  Joseph,  Kinney,  Kittrell, 
Latham,  Lee,  McKinney  of  Travis,  Merriman,  Mills,  Munson,  Navarro, 
Poag,  Powell,  Price,  Reeves,  Rogers,  Smith  of  Fannin,  Smith  of 
Orange,  Tait,  Upshaw  and  Waelder — 47. 

Mb.  Walling  moved  to  "strike  out  25  leagues  of  the  land  hereto- 
fore set  apart  for  the  establishment  of  two  Colleges,  or  University, 
by  the  Republic  of  Texas  in  the  year  1839,  and  appropriate  30 
leagues  of  the  unappropriated  Public  domain  of  the  State." 

Mr.  Walling  said:  If  you  are  not  willing  to  accept  of  that,  won't 
I  be  convinced,  and  the  world  at  large,  that  you  do  want  to  take  our 
land,  and  give  us  no  show  at  all?  I  want  that  recorded,  that  our 
countrymen  may  know  what  treatment  we  have  received  here. 

The  House  refused  to  adopt  the  amendment. 

Mr.  Norton  offered  the  following  amendment:  Amend  section  9th, 
so  as  to  read  as  follows: 

"Sec.  9.  Instruction  at  the  University,  and  boarding,  lodging, 
clothing  and  washing,  and  other  necessary  expenses  of  the  student, 
shall  be  free." 

The  House  refused  to  adopt  the  amendment  by  the  following  vote: 

Yeas — Messrs.  Barnard,  Bishop,  Burnett,  Doom,  Evans  of  McLen- 
nan, Gaston,  Harris  of  Titus,  Harrison,  Hart,  Johnson,  Kirk,  Lacy, 
LeSueur,  Lewter,  McKenney  of  Hopkins,  Norton,  Rainey,  Reeves, 
Rhodes,  Roberts,  Ross,  Shannon,  Shelton,  Walling,  Waterhouse,  Witt, 
and  Wood. 

Nays — Messrs.  Aycock,  Bee,  Brown,  Buckley,  Burks,  Carroll, 
Chance,  Cleveland,  Clow,  Cooley,  Craig,  Dalrymple,  Dennis,  Ed- 
wards, Everett,  Ficher,  French,  Hall,  Hardeman,  Harris  of  Guada- 
lupe, Haynes  of  Washington,  Henderson  of  Cass,  Henderson  of  Har- 
ris, Higgins,  Howerton,  Joseph,  Kinney,  Kittrell,  Latham,  Lee,  Mc- 
Kinney of  Travis,  Merriman,  Mills,  Munson,  Navarro,  Poag,  Powell, 
Price,  Rogers,  Runnels,  Smith  of  Fannin,  Smith  of  Orange,  Tait,  Up- 
shaw and  Waelder — 4  5. 

Mr.  Chilton  moved  to  reconsider  the  vote  by  refusing  to  adopt  the 
amendment  of  Mr.  Walling;  lost  by  the  following  vote: 

Yeas — Messrs.  Barnard,  Bishop,  Burnett,  Doom,  Gaston,  Harris 
of  Titus,  Harrison,  Hart,  Johnson,  Kirk,  Lacy,  LeSueur,  Norton, 
Rainey,  Reeves,  Rhodes,  Ross,  Runnels,  Shelton,  Walling,  Water- 
house  and  Wood — 22. 

Nays — Messrs.  Speaker,  Aycock,  Bee,  Brown,  Buckley,  Burks, 
Carroll,  Chance,  Cleveland,  Cooley,  Craig,  Dalrymple,  Dennis,  Ed- 
wards. Evans  of  Austin,  Everett,  Fisher,  French,  Hall,  Hardeman, 
Harris  of  Gaudalupe,  Haynes  of  Washington,  Henderson  of  Cass, 
Higgins,  Howerton,  Joseph,  Kinney,  Kittrell,  Latham,  Lee,  McKin- 
ney  of   Travis,    Merriman,    Mills,   Munson,   Navarro,    Poag,    Powell, 


A  Source  Book  of  the  University  of  Texas  157 

Price,  Rogers,  Shannon,  Smith  of  Fannin,  Smith  of  Orange,  Tait, 
Upshaw,  Waelder  and  Witt — 4  6. 

Mb.  Wood  offered  the  following  amendment: 

"The  Treasurer  of  the  State  shall  be  required  to  give  bond,  with 
two  or  more  sufficient  sureties,  to  be  approved  by  the  Governor, 
in  the  sum  of  $200,000,  conditioned  for  the  faithful  performance  of 
his  duties  as  Treasurer  of  the  University." 

The  House  refused  to  adopt  the  amendment  by  the  following  vote: 

Yeas — Messrs.  Bishop,  Burnett,  Doom,  Evans  of  McLennan,  Har- 
ris of  Titus,  Harrison,  Hart,  Jennings,  Johnson,  Kirk,  Lacy,  LeSueur, 
Lewter,  Lloyd,  Norton,  Poag,  Rainey,  Reeves,  Rhodes,  Roberts, 
Ross,  Shannon,  Shelton,  Walling,  Waterhouse,  Witt  and  Wood — 28. 

Nays — Messrs.  Barnard,  Bee,  Brown,  Buckley,  Burks,  Chance, 
Cleveland,  Collier,  Craig,  Dalrymple,  Edwards,  Evans  of  Austin, 
Everett,  Fisher,  Hall,  Hardeman,  Haynes  of  Starr,  Haynes  of  Wash- 
ington, Henderson  of  Cass,  Henderson  of  Harris,  Joseph,  Kinney, 
Kittrell,  Latham,  Lee,  McKinney  of  Travis,  Merriman,  Mills,  Mun- 
son,  Navarro,  Powell,  Price,  Rogers,  Smith  of  Fannin,  Smith  of 
Orange  Tait,  Upshaw  and  Waelder — 40. 

Mr.  Harrison  moved  to  amend  by  striking  out  $100,000,  and  in- 
serting $50,000;   lost. 

Mr.  Norton  offered  the  following  amendment: 

Amend  by  striking  out  of  the  4th  section,  "Surgery  and  Medicine," 
"Ethics,"  "the  law  of  Nature,  of  Nations,  and  of  Municipal  law" 

Mr.  Norton  said:  That  amendment  strikes  out  of  the  bill  the 
law  and  medical  department.  I  make  the  motion  with  this  view: 
If  it  is  the  determination  of  the  members  of  this  body  to  establish 
a  University  on  a  scale  of  this  kind,  I  desire  it  to  go  forth  that  I 
for  one  am  opposed  to  placing  among  the  branches  to  be  taught  In 
the  institution  the  sciences  of  Law,  Medicine,  and  Surgery.  I  am 
unwilling  at  the  expense  of  the  State  to  manufacture  lawyers  and 
physicians,  while  those  gentlemen  are  in  the  habit  of  making  the 
people  pay,  and  pay  well,  for  attending  their  cases.  I  conceive  it 
would  be  wrong  to  give  them  their  professional  education  at  the  ex- 
pense of  the  state. 

The  House  refused  to  adopt  the  amendment. 

Mr.  Rhodes  offered  the  following  amendment: 

"Sec.  — .  The  said  University  shall  be  located  at  the  city  of 
Austin." 

On  motion  of  Mr.  Price,  laid  on  the  table. 

The  question  being  the  passage  of  the  bill  to  its  third  reading, 

Mr.  Doom  said:  I  ask  the  House  to  indulge  me  for  a  moment.  I 
only  wish  to  appeal  to  the  opponents  of  this  bill,  and  ask  them  to 
cease  their  hostility,  and  let  the  vote  be  taken.  I  have  done  all  I 
could  do  to  defeat  this  project,  and  to  satisfy  my  constituents.     I 


158  University   of  Texas  Bulletin 

hope  other  gentlemen  have  done  all  they  could,  and  that  they  will 
now  consent  to  take  the  vote. 

Mr.  Norton:      I  wish  to  offer  one  more  amendment,  and  the  last. 

Mr.   Norton   offered   the   following   amendment: 

Insert  after  "administrator"   wherever  it  occurs,   "or  executors." 

Mr.  Roberts  said:  I  am  one  of  those  who  believe  that  a  majority 
should  rule.  I  am  fully  satisfied  that  a  large  majority  of  this 
House  are  voting  against  my  opinion  and  wish.  But  I  feel  it  my 
duty  to  move  the  previous  question  on  this  bill. 

The  previous  question  was  not  seconded. 

The  House  refused  to  adopt  Mr.  Norton's  amendment. 

The  question  recurring  on  the  passage  of  the  bill  to  a  third 
reading,  the  ayes  and  nays  were  called  for. 

Mr.  Bishop,  when  his  name  was  called,  said:  T  have  been  as 
anxious  to  see  this  measure  succeed  as  anybody  in  this  House.  But 
the  amendments  which  I  conceived  absolutely  necessary  have  all 
been  voted  down,  and  in  its  present  shape,  I  cannot  conscien- 
tiously support  this  bill.     I  regret  it,  but  I  am  compelled  to  vote  no. 

Mr.  Jennings: — Having  intended,  from  the  time  I  first  heard  this 
bill  read,  to  vote  for  it,  and  in  doing  so,  separating  myself  from 
most  of  the  friends  with  whom  I  acted  when  the  subject  was  up 
before,  I  beg  the  indulgence  of  the  House  while  I  state  my  reasons 
for  pursuing  this  course.  When  this  question  was  first  sprung,  the 
proposition  had  no  more  ardent  and  far-going  friend  than  myself.  I 
did  not  then  design  to  offer  any  amendment  to  it.  But  when' that 
amendment  came  up,  its  obvious  justice  to  the  portion  of  the  country 
from  which  I  come,  its  'general  propriety  and  consonance  with  every 
principle  of  right,  commended  it  to  me  in  the  most  decided  terms, 
and  I  took  such  a  part  for  it  as  my  humble  ability  enabled  me  to  do. 
But  when  the  question  was  sprung  again,  and  came  from  the  Sen- 
ate, it  came  in  a  shape  in  which  it  could  interfere  neither  with  my 
peculiar  views  nor  those  of  'any  other  member,  or  any  person  in  the 
State  of  Texas,  provided  he  was  but  a  friend  of  the  University.  It 
comes  here  as  a  simple  proposition  to  set  apart  a  certain  portion  of 
the  money  in  the  Treasury,  and  a  certain  portion  of  the  public  lands 
of  the  State,  for  the  purpose  of  establishing  a  University.  It  does 
not  authorize  one  human  being  to  touch  a  dollar  of  that  money 
or  an  acre  of  that  land,  until  the  Legislature  shall  again  convene  in 
another  session,  or,  in  other  words,  until  the  power  to  touch  them 
shall  be  communicated  by  another  law,  and  that  can  only  be  done 
at  another  session. 

Here  followed  some  sentences  lost  by  the  Reporter. 

Mb.  Jennings  voted  AYE. 

Mr.  Norton  said:  To  set  myself  right  on  this  question,  I  shall 
vote    NO. 


A  Source  Book  of  the  University  of  Texas  159 

Mb.  Rainey:  I  understand  this  bill  to  be  on  its  third  reading, 
and  not  its  final  passage.  I  wish  to  say  here  that  I  did  not  assist 
in  calling  the  House  for  the  purpose  of  opposing  or  obstructing  the 
action  of  the  House  upon  this  measure.  And  as  I  believe  that  there 
is  a  considerable  majority  in  favor  of  this  bill,  not  being  disposed 
to  make  anything  like  a  factious  opposition  to  it,  I  will  vote  AYE. 

The  bill  passed  to  a  third  reading  by  the  following  vote: 

Yeas — Messrs.  Aycock,  Bee,  Brown,  Buckley,  Chance,  Chilton. 
Cleveland,  Clow,  Cooley,  Craig,  Dalrymple,  Dennis,  Edwards,  Evans 
of  Austin,  Evans  of  McLennan,  Everett,  Fisher,  French,  Hall,  Harde- 
man, Harris  of  Guadalupe,  Harris  of  Titus,  Haynes  of  Starr,  Haynes 
of  Washington,  Henderson  of  Cass,  Henderson  of  Harris,  Higgins, 
Howerton,  Jennings,  Johnson,  Joseph,  Kinney,  Kittrell,  Latham,  Lee, 
McKinney  of  Travis,  Merriman,  Mills,  Munson,  Navarro,  Powell, 
Price,  Rainey,  Rogers,  Ross,  Shelton,  Smith  of  Fannin,  Smith  of 
Orange,  Tait,  Upshaw,   Waelder  and   Witt — 52. 

Nays — Messrs.  Speaker,  Barnard,  Bishop,  Burnett,  Doom,  Gaston, 
Harrison,  Hart,  Kirk,  Lacy,  Lewter,  Lloyd,  Norton,  Poag,  Reeves, 
Rhodes,  Roberts,  Shannon,  Walling  and  Waterhouse. — 20. 

Mr.  Hexdersox  of  Harris  moved  a  suspension  of  the  rule  to  put 
the  bill  on  its  final  passage;  lost  by  a  vote  of  52  y-eas  to  24  nays. 

On  motion,  the  House  adjourned  until  9%  o'clock  A.  M.  to- 
morrow. 

House,   February   5,    1S58;    pp.    157-158 

University 

Th©  University  Bill   being  before  the   House, 

Mr.  Burxett  said: — Mr.  Speaker,  I  desirp  to  submit  a  few  remarks 
upon  this  question  now  before  the  House.  I,  sir,  intend  to  record 
my  vote  against  the  bill;  and  I  hope  that  the  members  upon  this 
floor  will  indulge  me  for  a  few  moments,  that  I  may  briefly  state  the 
considerations  which  influence  my  action. 

T  do  not  propose  to  enter  into  a  lengthy  discussion  upon  this  ques- 
tion, nor  do  I  wish  to  be  understood  as  being  opposed  to  the  cause 
of  education;  far  from  it.  But  I  feel,  sir,  that  my  course  upon  thia 
important  question  will  be  endorsed  by  a  majority  of  my  constitu- 
ents, as  they  believe  in  the  old  Democratic  doctrine  of  equality. 
Special  privileges  to  none,  but  equal  privileges  to  all;  and  the  great- 
est good  to  the  greatest  number.  To  those  time-honored  principles 
I  have  ever  adhered.  They  are,  sir,  inscribed  upon  the  banner  that 
I  bore  to  this  capitol.  And  I  think.  Mr.  Speaker,  that  we  an 
ing  hastily  upon  this  matter.  This  question  should  be  thoroughly 
canvassed  before  the  people,  and  their  voices  should  be  heard;  as 
they  are  the  ones  to  furnish,  the  money  to  build  this  University. 
And  let  me  say  to  those  gentlemen  who  favor  the  bill  to  establish 


160  University  of  Texas  Bulletin 

one  mammoth  State  University,  and  who  are  in  favor  of  appropriat- 
ing such  enormous  amounts  of  money  and  domain,  that  they  should 
consider  it  well.  Our  course  upon  this  delicate  and  important  ques- 
tion should  be  marked  with  due  deliberation.  Let  us  not  put  the 
cart  before  the  horse.  The  old  maxim  is  to  teach  a  child  how  to 
crawl  before  it  walks.  Then,  Mr.  Speaker,  let  us  first  lay  the  foun- 
dation for  the  acquirement  of  the  rudiments  of  knowledge.  Let  us 
place  our  common  school  system  upon  a  firm  basis  before  we  vest 
our  constituent's  money  and  their  domain  in  any  enterprise  of 
doubtful  expediency.  There  is  no  subject,  Mr.  Speaker,  in  which 
the  people  of  Texas  have  a  deeper  interest  than  in  common  schools. 
And  we  should  be  prompted  in  this  matter  by  the  highest  impulse 
of  duty,  by  our  responsibility  to  our  constituents  and  to  the  cause 
of  human  improvement.  Let  us  heartily  co-operate  to  place  our 
common  school  system  on  a  basis  which  cannot  be  shaken.  Our 
school  law  is  defective,  and  I  profess  not  to  be  able  to  state  the 
defect  nor  to  suggest  the  remedy.  But  I  know  the  object.  The 
object  is  to  place  within  the  reach  of  every  child  in  the  broad  limits 
of  our  State  of  sufficient  age,  the  means  of  acquiring  at  least  the 
rudiments  of  knowledge;  and  it  is,  Mr.  Speaker,  impossible  for  me 
to  conceive  of  any  other  measure  of  State  policy  that  so  much  de- 
serves the  fostering  care  of  the  Legislature  as  well  as  the  encour- 
agement and  support  of  every  citizen.  We  cannot  over-estimate  the 
importance  of  common  schools  as  the  means  of  civilizing  our  race, 
of  developing  the  moral  and  intellectual  powers  with  which  man  is 
endowed,  and  fitting  him  for  his  duty  as  a  citizen  and  a  member  of 
society.  The  object  is  to  bring  into  action  the  mass  of  talent  which 
lies  buried  in  poverty  in  our  country  for  the  want  of  means  of  de- 
velopment. 

Another  important  advantage  results  from  general  education. 
An  intelligent  man  is  more  valuable  to  society  than  an  ignorant 
one;  and  the  State  that  makes  provision  for  universal  instruction 
will  find  a  certain  and  ample  reward  in  the  improved  capacity  for 
usefulness  of  its  citizens  and  in  the  increase  of  wealth  and  pros- 
perity. And,  Mr.  Speaker,  there  is  another  view  of  this  subject  that 
gives  it  peculiar  importance  to  my  mind.  An  overwhelming  ma- 
jority of  our  citizens  are  unfortunately  poor,  and  there  is  not  more 
than  one-tenth  man  who  is  able  to  send  sons  to  this  University  and 
pay  their  tuition  and  board. 

And,  sir,  I  for  one  am  unwilling  to  appropriate  the  means  of  the 
remaining  nine-tenths  to  the  exclusive  benefit  of  those  best  able  to 
educate  their  own  children.  I  think,  Mr.  Speaker,  that  it  would  be 
better  for  us  to  fall  upon  some  plan  to  educate  those  who  are  not 
able  to  educate  themselves,  and  thereby  make  them  good  and  intel- 


A  Source  Book  of  the  University  of  Tt  a  s  16] 

ligent  voters  and   useful   to  society.      This   is   essential   to  our  free- 
dom. 

Mr.  Kittrell  said: — Mr.  Speaker,  I  will  ask  the  gentleman  from 
Houston  if  we  propose  to  take  any  of  the  school  funds  to  build  this 
University? 

Mr.  Burnett: — Well,  Mr.  Speaker,  I  suppose  not.  But  you  pro- 
pose to  take  land  which  is  equivalent.  I  will  try  and  satisfy  the 
gentleman  before  I  get  through.  I  will  now  come  directly  to  the 
question  before  the  House,  and  take  a  view  of  this  magnificent  Uni- 
versity that  we  are  about  to  build,  with  all  of  its  lofty  columns  and 
its  majestic  dome.  There  are  three  questions  that  I  have  pro- 
pounded to  myself  and  pondered  them  well  in  my  mind.  1st. 
what  is  it  to  cost?  2d.  Where  is  it  to  be  located?  3d.  Who 
are  to  be  the  beneficiaries?  The  bill  proposes  to  set  apart  $100,- 
000  and  442,800  acres  of  land  to  commence  with.  And,  sir,  will 
there  not  be  applications  made  to  every  Legislature  from  now  until 
time  immemorial  for  more  money  to  carry  on  this  great  enterprize? 
They  will  need  a  few  more  books,  a  few  more  teachers,  and  per- 
haps another  addition  to  the  House;  and  I  ask  will  not  this  be  the 
case  as  it  has  been  in  all  public  enterprises?  But  again,  where  is 
it  to  be  located?  In  Austin,  as  a  matter  of  course.  But,  Mr. 
Speaker,  let  me  say  to  the  friends  of  this  bill,  that  I  know  of  a 
better  place  at  which  to  locate  a  University  than  Austin.  I  know 
of  one  of  the  best  places  in  all  Texas  for  a  University.  The  best 
people  that  I  ever  got  acquainted  with  are  there;  health  and  good 
water  are  there;  good  timber  of  all  description  is  there,  in  fact 
every  facility  that  would  be  necessary,  is  there.  And  it- has  ever 
been  the  will  of  kind  Providence  to  bless  that  people  with  abundant 
subsistance.  That  place,  Mr.  Speaker,  is  Crockett,  Houston  county. 
Now,  if  the  friends  of  this  bill  will  conclude  to  locate  it  there,  It 
might  be  some  inducement  for  me  to  support  the  bill.  But  to  the 
question — who,  sir,  is  to  be  benefitted  by  this  outlay?  A  privileged 
few,  in  the  enjoyment  of  wealth  and  prosperity?  Or  the  hard- 
working, barefooted,  wool-hatted,  copperas  breeches,  one  gallowsed, 
double-fisted,  road  working  and  tax-paying  masses?  Are  these  the 
beneficiaries?     If  so,  I  will  support  the  bill. 

Mb.  Brown  said:  Mr.  Speaker,  I  desire  to  ask  the  gentleman  from 
Houston  a   question. 

Mr.  Burnett: — Mr.  Speaker,  I  don't  wish  to  be  interrupted.  I 
will  be  through  in  a  few  minutes,  and  if  the  gentleman  wishes  to 
reply,  he  can  then  have  an  opportunity  of  doing  so. 

I  ask,  sir,  if  the  children  of  the  masses  lack  common  school  fa- 
cilities? If  so,  had  not  the  outlay  for  a  University  be  better  em- 
ployed in  furnishing  those  facilities — facilities  within  the  reach  of 
all,  and  which  are  needed  by  the  very  class  of  people,   whom   every 

11—227 


162  University   of  Texas  Bulletin 

consideration  of  policy  and  benevolence  requires  to  be  correctly 
trained  in  intellect  and  morals  to  make  good  and  intelligent  citi- 
zens and  voters?  How  many  families,  say  out  of  1,000,  can  afford  to 
send  sons  to  this  University?  Say  50;  then,  sir,  shall  the  means 
of  the  remaining  950  be  appropriated  to  the  exclusive  benefit  of 
those  best  able  to  get  along  on  their  own  resources?  Will  not 
such  an  institution  smack  strongly  of  special  privileges — other- 
wise aristocracy? 

And,  sir,  I  see  that  a  law  and  medical  department  are  to  be 
attached  to  this  institution.  I  am  opposed  to  our  State  manufac- 
turing Doctors  and  Lawyers.  God  knows  we  have  enough  of  them 
in  the  country,  and  a  fair  prospect  of  more  of  the  same  sort.  A 
law  and  medical  department;  I  ask  if  they  are  not  professions  by 
which  men  earn  their  living;  are  they  not  professions  by  which  men 
earn  their  daily  bread?  So  is  shoe  making;  so  is  tailoring;  so 
is  printing,  and  so  is  blacksmithing.  Why  not  a  department 
for  each  of  those?  Why  not  a  department  for  each  and  every  art 
requiring  study  and  practice?  Why  should  the  State  educate  the 
lawyers  and  not  the  blacksmith?  Does  not  the  blacksmith  render 
more  service  to  the  country  than  the  lawyer?     I  think  so. 

Again,  sir,  is  not  our  State  scantily  populated,  and  will  not  the 
time  come  when  a  greater  number  and  increased  wealth  will  en- 
dow colleges,  as  Harvard,  Brown,  Trinity,  Yale  and  Union,  and  a 
number  of  institutions  of  learning  have  sprung  up  as  public  neces- 
sity calls  for  them?  Are  we  not  premature  about  this  University 
anyhow?  Instead  of  a  University  with  so  many  departments  of 
learning,  why  not  a  State  normal  school,  where  the  rudiments, 
elementary  principles  and  more  advanced  sciences  can  be  taught  at 
State's  cost,  to  young  men  and  young  ladies  who  design  to  make  a 
profession  of  teaching,  and  who  will  ultimately  make  a  University 
of  every  district  schcol,  minus  the  lofty  columns  and  majestic 
dome?  Let  the  University  be  for  the  universal  scientific  education 
of  the  masses.  Let  the  common  school  system  be  the  University  in 
which  the  farmer  on  40  acres  can  educate  his  sprightly  barefooted 
son,  as  well  as  the  rich  man.  Let  a  well  informed  people  be  the 
columns,  and  their  aggregate  respectability  the  dome  of  a  Univer- 
sity— deserving  that  appellation.  With  these  I  can  defer  the  dome 
or  Corinthian  adornments,  to  a  period  when  wealth  and  taste  can 
afford  them  without  sacrifice  of  national  interest,  and  when  pri- 
vate enterprise  and  generosity  will  endow  Colleges  as  in  older 
communities  has  already  been  done.  1st.  Make  our  common 
schools  free  to  those  that  are  not  able  to  educate  their  children. 
2d.  Establish  a  State  normal  school  to  prepare  teachers  qualified 
to  make  every  common  school  a  miniature  College  or  University. 


A  Source  Book  of  the  University  of  Texas  163 

House,   February   7,    1858;    pp.    73-75 
University  Bill 

On  the  final  vote,  Mr  Speaker  Locke,  after  his  name  was  called, 
said: 

Mr.  Speaker,  the  subject  before  the  House  is  one  certainly  of 
much  importance  to  the  State.  It  is  important,  sir,  because  of  the 
amount  of  capital  which  it  appropriates,  if  for  no  other  purpose. 
And  as  the  Bill  proposes  to  dispose  of  some  half  a  million  dollars 
worth  of  valuable  property  belonging  to  the  State,  I  feel  like  I 
could  not  let  it  become  a  law  without  making  known  a  few  of  the 
reasons  why  I  occupy  the  position  I  do,  and  have  done,  since  its 
introduction. 

And  I  will  say,  sir,  that  my  first  reason  for  opposing  the  estab- 
lishment of  a  University  at  this  time,  and  of  this  kind,  is  that  I  do 
not  believe  the  people  are  ready  for  it.  I  am  ready  to  shoulder 
responsibilities  whenever  it  becomes  necessary,  but  in  this  instance 
I  do  not  believe  it  to  be.  Now,  sir,  what  is  the  argument  on  the 
subject  in  proof  of  the  position  that  it  must  be  done  immediately? 
Well,  it  is,  that  the  land  and  money  will  be  frittered  away,  and 
we  will  have  nothing  with  which  to  build  and  endow,  and  there- 
fore it  must  be  done  now.  Well,  Mr.  Speaker,  what  comes  next? 
The  next  sentence,  from  perhaps  the  same  speaker,  will  embrace 
the  fdea  and  plan  of  appropriating  the  land  and  money,  and  then 
let  the  next  Legislature  establish  and  endow  the  school.  Well  now, 
sir,  my  ken  is  obtuse,  I  admit,  but  will  some  gentleman  tell  me  how 
it  will  accomplish  the  object  of  setting  apart  the  money  and  land, 
thereby  enabling  the  next  Legislature  to  construct  it,  if  we  do  noth- 
ing but  pass  this  bill?  Sir,  this  bill  does  not  designate  any  certain 
leagues  of  land  except  such  as  are  already  set  apart;  and,  as  to  the 
money,  there  will  be  more  than  one  hundred  thousand  dollars  in 
U.  S.  Bonds  left  in  the  Treasury,  and  it  cannot  fritter  away 
except  when  the  Legislature-  is  in  session,  if  our  officers  are 
faithful,  which  none  distrusts  I  presume.  Then,  sir,  I  want  to  kno.v 
how  the  passage  of  this  bill  will  do  one  particle  of  good  ^wards 
saving   the  land   and  money  for  the  establishment  of  a   University. 

But,  sir,  I  have  never  heard  this  subject  mooted  in  my  county. 
We  are  all  for  schools,  and  we  want  schools  adequate  to  the  wants 
of  the  people;  but  we  believe  there,  sir,  that  a  school  to  be  useful, 
should  be  adapted  to  the  condition  of  those  it  is  intended  to  benefit. 
We  believe  that  as  a  Railroad  constructed  in  and  through  a  wild- 
erness would  be  a  burlesque  upon  internal  improvements,  so  a  Uni- 
versity in  a  country  where  it  was  very  difficult  to  organise  and 
keep  up  high  schools  and  seminaries  which  must  form  the  basement 
story  of  all  University  superstructures,  and   without   which   I  would 


164  University  of  Texas  Bulletin 

regard  one  as  a  raisnonier,  as  destined  to  prove  a  mighty  failure. 
I  suppose  that  gentlemen  supporting  this  bill  do  not  expect  to  build 
It  or  make  any  more  preliminary  preparation  than  to  pass  the  bill, 
and,  this  being  the  case,  I  say,  sir,  that  the  people  of  the  State  have 
not  been  consulted  on  the  subject,  and  that  inasmuch  as  it  does 
not  advance  the  school  one  day  in  advance  of  where  it  would  be  if 
not  passed,  nor  does  it  answer  any  other  valuable  purpose  con- 
nected with  its  establishment,  but  only  shows  that  gentlemen  are 
fearful  of  the  verdict  to  be  rendered  by  the  people  on  the  subject, 
I  hope  it  will  not  pass.  I  say,  sir,  that  the  servant  is  not  greater 
than  the  master. 

But  I  confess,  sir,  that  the  strangest  portion  of  this  discussion 
has  been  upon  the  subject  of  locating  the  school.  For  instance,  we 
see  that  every  gentleman,  I  believe,  who  has  spoken  upon  it,  who 
is  in  favor  of  it,  has  declared  his  entire  indifference  as  to  the 
locality.  The  gentlemen  from  the  extreme  West,  say  they  do  not 
care  if  it  is  located  upon  the  Sabine,  and  those  for  it  from  the  East, 
are  for  it  even  on  the  bank  of  the  Rio  Grande,  and  so  with  those 
from  the  Gulf  and  Red  River  regions;  and  yet,  strange  to  say,  that 
those  same  gentlemen,  with  those  liberal  views,  will  not  vote  for 
the  amendment  offered  by  the  gentleman  from  Anderson,  some 
days  ago,  locating  the  school  in  the  centre  of  the  population  of  the 
State,  near  the  point  universally  regarded  as  the  central  and  the 
division  line  of  the  two  Districts  accessible,  healthy  and  well  ^up- 
plied  with  all  the  necessary  conveniences  and  essentials  to  carry  on 
such  an  Institution.  And  what  is  the  reason  assigned  for  this 
strange  course?  Well,  they  say  that  if  they  locate  the  school  that 
will  kill  the  bill;  and  yet  of  those  who  are  for  it,  none  of  them, 
care  where  it  is  located,  and  they  are  in  a  majority.  And  all  of 
those' who  oppose  the  University,  vote  for  the  amendment;  and  I 
know  several  of  whom  will  vote  for  the  bill  if  it  is  located  within 
these  bounds,  and  who  oppose  it  without.  But  there  is  another 
strange  manoeuvre  in  this  drama,  which  is  this:  ask  these  gen- 
tlemen privately,  and  they  will  candidly  confess  that  each  one,  per- 
haps, has  a  place  in  his  mind  where  he  believes  it  will  probably  go, 
and  no  five  members,  perhaps,  are  in  favor  of  the  same  point. 
Thus  it  is,  sir,  that  wre  have  the  anomalous  spectacle  of  some  fifty 
gentlemen  of  rank,  vigilance,  dignity  and  ability,  harmoniously  co- 
operating together  for  the  purpose  of  disappointing  each  other. 

But,  Mr.  Speaker,  I  wish  there  was  nothing  else  stranger  in 
connection  with  this  University  question,  and  with  the  action  of 
the  House  and  the  country  upon  this  subject — for,  sir,  I  will  re- 
mark, that  while  the  idea  of  locating  is  scouted  by  every  gentleman 
with  whom  you  meet,  and  almost  scorned  by  the  press  of  this  city, 
yet,  sir,  every  argument  used  in  either  branch  of  the  Legislature, 


A  Source  Book  of  the  University  of  Texas  165 

in  favor  of  the  school,  and  its  location  in  this  latitude,  is  heralded 
forth  by  the  press  even  in  advance  of  pressing  matter  ordered  to 
be  printed  by  the  Legislature.  And,  sir,  I  ask  if  it  is  within  the 
power  of  any  gentleman  here  to  point  to  one  argument  which  has 
been  published  in  the  city  prints  against  the  establishment  of  the 
same,  or  the  Austin  location.  And  I  will  here  remark,  that  if  the 
bill  passes,  and  the  school  is  located,  (for  I  must  be  permitted  to 
call  things  by  common  names,  the  greatness  of  which  only  exists 
in  the  fruitful  imagination  of  its  devotees,  and  which  is  only  sus- 
tained by  hyperbole  and  the  most  extended  stretch  of  fancy's  wide 
domain,)  I  say,  sir,  that  if  it  passes,  and  is  located  anywhere  within 
eighty  miles  of  this  place,  I  think  I  would  vote  for  its  location  at 
Austin.  And  I  will  further  say,  that  if  there  should  be  one  Uni- 
versity only,  I  would  not  ask  for  it  East  of  the  Trinity  river,  or 
within  less  than  two  hundred  miles  of  my  residence;  no  such  con- 
sideration influences  my  vote  or  action. 

Now,  Mr.  Speaker,  I  will  briefly  allud«  to  the  Constitutional  ques- 
tion involved  in  the  action  of  the  House.  The  Constitution  ex- 
pressly says,  that,  "after  a  bill  or  resolution  shall  have  been  re- 
jected in  either  branch  of  the  Legislature,  it  shall  not  become  a 
law  during  that  session."  Now  let  us  enquire  what  action  was  had 
when  this  bill  was  last  up.  Well,  sir,  the  House  Chairman  on  Ed- 
ucation, (Mr.  Kittrell,)  having  had  a  resolution  referred  to  his 
committee  requesting  action  taken  upon  the  subject  of  whether 
this  Legislature  would  establish  a  University  or  not,  reported  that 
they  had  considered  the  subject,  and  the  committee  recommended 
the  establishment  of  one,  and  only  one,  and  they  had  asked  that 
the  House  would  settle  this,  as  a  preliminary  step  to  the  passage  or 
preparation  of  the  bill.  Well,  sir,  the  House,  I  say,  rejected  the 
proposition — or  because  the  House  amended  the  same  by  a  clear 
majority,  and  declared  in  favor  of  two,  and  after  making  the  propo- 
sition more  acceptable  (as  all  must  see)  than  it  was  at  first,  it  was 
rejected  by  a  very  decided  vote  of  the  House,  which  the  Journals 
show.  Now,  Mr.  Speaker,  I  wish  to  ask  the  friends  of  this  bill  a 
question,  which  is  this:  If  this  bill  had  been  before  this  House  in 
its  present  form,  would  you,  one  or  any  of  you,  have  voted  differ- 
ently from  the  way  you  did  when  that  proposition  was  before  the 
House?     I  pause  for  a  reply. 

Mr.  Brown:  If  that  resolution  had  passed,  would  it  not  have  been 
necessary  to  pass  this  or  some  other  law  to  give  it  effect? 

Mr.  Locke:  Mr.  Speaker,  I  answer,  sir,  that  is  in  keeping  with 
the  rest  of  the  procedure,  it  is  playing  upon  technicalities.  Sir, 
who  does  not  know  that  if  that  proposition  had  have  passed,  the 
bill  would  have  been  immediately  put  through,  for  this  bill  contains 
the  very  quintescense  of  that  proposition — that  was  the  spirit  and 


166  University  of  Texas  Bulletin 

the  life  of  the  bill,  and  this  the  torpid,  insipid  body.  And  may  I 
nm  ask  the  gentleman  from  Galveston,  or  any  other  friend  to  the 
bill,  will  you  not  have  to  pass  another  bill  after  you  shall  have 
passed  this  one,  (for  I  suspect  you  will,)  before  you  have  a  Univer- 
sity? 

But,  sir,  it  seems  to  me  that  if  the  framers  of  the  Constitution 
had  made  this  provision  of  the  Constitution  to  prevent  wrong,  and 
had  the  attitude  of  this  Legislature  in  view,  they  could  not  have 
framed  a  provision  more  appropriate.  Sir,  if  the  House  was  full, 
no  gentleman,  friend  or  foe  of  the  bill,  believes  it  could  pass — but, 
sir,  since  some  of  its  most  staunch  and  able  opponents  have  left, 
resting  satisfied  that  under  their  constitutional  guarantees  they 
could  not  be  imposed  upon — now,  upon  the  heel  of  the  session, 
with  but  a  few  more  than  a  quorum,  this  matter  is  raised,  and  the 
bill,  I  suppose,  passed. 

I  will  now  address  myself  for  one  moment  to  the  point  of  order 
before  the  House,  (when  I  came  down  to  the  floor,)  whether  a 
member  has  a  right  to  excuse  himself  or  not  from  voting  on  a  ques- 
tion, provided  he  believes  the  same  to  be  in  violation  of  the  Con- 
stitution. In  the  first  place,  sir,  I  will  say,  that  if  you  concede  that 
a  member  has  that  right,  you  give  to  some  eighteen  or  twenty 
members  of  the  House,  the  power  to  defeat  any  bill  that  may  come 
up.  Nor  is  the  principle  different  to  that  of  allowing  each  member 
to  judge  for  himself  as  to  when  it  is  proper  for  him  to  vote  upon 
any  proposition  that  may  arise;  both  of  which  hypotheses  are  in 
contravention  of  both  the  Constitution  (in  spirit)  and  the  printed 
laws  of  this  House,  (or  Rules).  The  Constitution  says  that  each 
House  shall  adopt  rules  for  its  own  government;  and  it  says  that 
the  ayes  and  noes  shall  be  taken  upon  any  question,  if  called  for 
by  any  three  members  present;  and  the  rules  of  this  House  declare, 
that  every  member  shall  vote  when  his  name  is  called,  unless  he 
is  excused,  for  special  reasons,  by  a  majority  of  the  members.  I 
conclude,  sir,  that  there  is  the  sin  of  omission — one  which  in  this, 
as  in  other  cases,  proves  as  fatal  as  that  of  commission — and  as 
the  Constitution  says  such  bills  shall  not  become  a  law,  I  am 
equally  culpable  if  I   refuse  to  vote  as  if  I  vote  for  it. 

I  wish  now,  Mr.  Speaker,  to  address  myself  to  one  more  feature 
of  this  bill,  and  I  close  very  soon  thereafter. 

In  this  bili  you  provide,  sir,  for  what?  Well,  for  permanently 
instructing  the  young  men  of  the  country  in  Political  Economy.  I 
regard  this  as  being  important,  provided,  after  they  were  in- 
structed, they  would  not  do  as  some  of  the  most  conspicuous  mov- 
ers in  this  scheme  have  done,  pay  no  regard  to  political  economy 
after  having  learned  it.  And  I  must  regret  that  this  school,  if  it 
effects  any  good,  had  not  been  inaugurated  in  time  for  us  to  have 


A  Source  Book  of  the  University  of  Texas  l'ii 

realized  benefit  during  this  session.  But  what  else?  Well,  Ge- 
ology, Physic,  and  the  Law,  with  a  few  other  branches  (to  make 
it  acceptable  as  I  suppose).  Now,  sir,  I  want  every  profession  and 
occupation  in  the  State  to  share  equally  in  the  benefits  dispensed 
by  the  State.  And  I  tell  you,  sir,  and  through  you  I  wish  to  say 
to  the  House,  that  the  Taxes  of  this  State,  at  a  proportion  of  about 
eight  to  two,  are  paid  in  by  the  agricultural  interests  of  the  State. 
And,  without  elaborating  this  argument,  as  I  could  do.  at  length, 
I  desire  to  call  the  attention  of  the  House  to  the  fact  that  the  agri- 
cultural interest  does  not  need  this  University  as  the  professions 
do;  nor  will  the  Farmers  or  Planters  of  the  State  avail  themselves 
of  its  benefits,  but  the  information  which  they  most  appreciate  they 
can  and  will  receive,  at  much  less  expense,  nearer  home  and  in 
schools  more  practical  aiid  better  adapted  to  their  conditions  and 
unostentatious  manners.  Well,  now,  sir,  these  facts  being  admit- 
ted, I  wish  to  know,  in  a  government  like  ours,  as  descendents  of 
those  who,  at  Bunker's  Hill,  at  Concord  and  York  Town,  sealed  with 
their  blood  the  word  that  Taxation  and  Representation  should  go 
together- — I  ask  if  we  will  erect  a  monopoly  by  this  bill,  paid  for 
and  to  be  kept  up  mainly  by  taxation  to  be  collected  from  the  pock- 
ets of  a  class  who  will  relize  not  more  than  one  to  six  per  cent,  of 
its  benefits. 

And  just  here,  sir,  I  will  allude  to  a  fact  over  which  I  have  pon- 
dered and  lamented,  and  it  is  this:  That  by  our  legislation  we  are 
encouraging  a  principle  and  system  which  has  considerably  low- 
ered the  occupation,  upon  the  success  of  which  every  other  interest 
depends.  That  we  offer  bids  for  young  men  to  desert  that,  most 
of  all  other  occupations,  most  honorable,  if  not  so  conspicuous. 
To  prove  this  position  1  could  spend  hours  instancing  facts,  but  I 
will  allude  to  one  or  two  which  stand  in  bold  array;  and  after  this 
hill  I  will  allude  to  the  very  liberal,  not  to  say  extravagant,  legisla- 
tion in  raising  the  salaries  of  the  various  officers  of  the  State  Gov- 
ernment, which  is  no  more  nor  less  than  raising  the  fees  of  certain 
professions  which  must  fill  these  positions.  But  this  would  be 
more  tolerable  but  for  the  fact  that  after  largely  increasing  the 
amount  of  salary,  at  this  session  of  the  Legislature,  we  proceed  to 
give  the  same  individuals,  (I  allude  mainly  to  the  District  Judges,) 
much  less  to  do;  and  thus,  sir,  for  mere  nominal  service,  in  differ- 
ent Districts  of  the  State,  you  pay  the  exhorbitant  price  of  aa  high 
as  $25.00  per  day  in  some  cases.  I  mean,  sir,  for  the  days  they 
are  actualTy  engaged. 

It  will  be  recollected,  sir,  in  further  proof  this  position,  that,  not 
many  days  since,  when  a  law  was  pending  before  this  HMise,  per- 
taining to  deceased  estates,  that  by  certain  provisions  of  thai  act, 
the  Clerk,  the  Justices,  and  the  Administrators  or  Executors   were 


168  University  of  Texas  Bulletin 

.ill  restricted  to  so  much,  and  no  more,  for  their  services.  In  every 
case  their  duty  was  so  well  defined  that  they  could  not  deceive 
any  one,  but  when  by  an  amendment  offered  by  the  distinguished 
gentleman  from  Fort  Bend,  (be  it  said  to  his  credit,)  we  propose 
to  lot  the  Chief  Justice  judge  of  the  reasonableness  of  the  Attor- 
ney's fees,  and  there  was  a  very  decided  and  clamorous  opposition 
given  to  it,  and  that  by  gentlemen  who  were  clamorous  to  restrain 
all  others  from  imposing  upon  the  sable  costume  and  weeping 
widow,  with  her  ragged  and  distressed  orphans.  I  could  mention 
different  laws,  sir,  upon  your  statutes,  which  will  tend  to  produce 
the  very  effect  I  have  mentioned.  "Well,  sir,  this  being  the  case, 
all  that  is  necessary  now  for  a  young  gentleman  to  do,  is  to  at- 
tach himself  to  one  of  the  learned  professions,  and  he  is,  by  com- 
mon consent,  sanctified  for  purposes  too  noble  to  be  found  push- 
ing a  jack  plane,  standing  over  a  blacksmith's  anvil,  or  following 
the  plow.  And  the  reason,  I  apprehend,  why  more  were  not  fol- 
lowing those  professions  was,  it  cost  them  a  larger  sum  than  many 
could  raise;  but  now,  sir,  we  already  have  the  law  giving  these 
preference  rights,  and  offering  inducements  to  young  men  to  part 
company  with  the  class  which  makes  and  supports  all  other  classes 
— the  class  which  moves  the  arm,  which  mans  the  lever,  which 
turns  the  axle  on  which  the  car  of  prosperity  rides.  A.nd  having 
the  laws  to  encourage,  and  only  lacking  an  opportunity  for  our  fast 
young  Americans  to  stride  forth,  this  bill  is  just  suited  for  the 
purpose,  and  now,  sir,  we  can  manufacture  fast  young  men  by  the 
dozen.  I  am  not  speaking  of  nor  on  this  subject  because  I  feel 
the  least  opposition  to  any  man's  profession  or  section,  but  I  am 
giving  my  unvarnished  opinion  on  this  subject  in  some  of  its 
varied  bearings. 

I  will  simply  allude  to  one  more  objection  to  the  bill,  and  that 
is,  sir,  this  bill  incorporates  the  State  system,  to  which  I  have 
always  been  opposed.  And  I  will  state  that  the  main  argument 
used  against  the  State  system  for  constructing  works  of  Internal 
Improvements,  was,  that  in  all  cases  of  profit  the  agent  or  official 
gets  the  surplus,  incidental  and  contingent  amounts;  while  in  all 
cases  of  loss,  mishap  or  injury,  the  State  alone  was  responsible; 
and  it  requires  no  sagacity  to  see  that  this  system  for  keeping 
up  a  University  would  be  liable  to  the  same  objection. 

Mr.  Speaker,  I  hope  no  opponent  of  the  bill  will  endeavor  to 
defeat  it  by  parliamentary  tactics.  Sir,  I  do  not  feel  authorized 
to  use  legislative  device  to  defeat  any  bill,  and  more  especially 
when   a   fair   discusion   and   full   investigation   has   been   had. 

Sir,  I  vote  NO,  and  am  done. 


A  Source  Book  of  the  University  of  Texas  169 

House,   February  8,   1858;   pp.   198 

State  University. 

The  bill  relating  to  a  State  University  came  up.  Question  pend- 
ing, the  final  passage  of  the  bill. 

The  ayes  and  nays  were  called. 

Several  members  asked  to  be  excused  from  voting.  The  House 
refusing  to  excuse,  some  of  them  declined  to  vote. 

A  discussion  ensued  in  relation  to  points  of  order,  and  the  mode 
of  enforcing  the  rules,  in  which  Mr.  Speaker  Locke,  Messrs.  Bee, 
Kittbell,   Waixing,   Reeves,   Latham    and    others,   participated. 

The  Clerk  finally  preceding  with  the  call,  Mr.  Poag,  when  his 
name  was  called,  after  giving  his  views  in  regard  to  the  history  of 
the  previous  action  of  the  House  upon  the  subject,  and  the  present 
position  of  the  question,   concluded  as  follows: 

Now  there  is  in  our  Constitution  a  regulation  which  declares,  that 
when  any  proposition  has  been  once  distinctly  put  to  a  Legislature 
and  rejected,  that  Legislature  is  forbidden  to  act  upon  that  particu- 
lar proposition  again.  And  it  makes  no  difference  to  me  how  it 
may  be  changed,  if  it  embraces  the  substance  of  the  proposition 
which  has  been  rejected.  1  feel  it  my  bounden  duty  to  obey  this 
provision  of  the  Constitution.  I  have  no  conscientious  scruples 
to  prevent  me  from  voting  upon  this  question.  I  feel  as  much  bound 
to  vote  against  the  passage  of  a  law  which  I  regard  as  unconstitu- 
tional, in  consequence  of  the  previous 'action  of  the  Legislature,  as 
I  would  feel  myself  bound  to  vote  for  a  law  which  I  regarded  as 
constitutional,  and  for  the  benefit  of  my  constituents  and  the  State 
at  large. 

For  these  reasons  I  vote  against  the  whole  matter. 

Mb.  Rainey:  On  account  of  the  constitutional  objections  urged  by 
the  gentleman  from  Panola,  (Mr.  Poag,)  because  a  resolution  upon  the 
same  subject,  and  embracing  the  same  substance,  has  been  rejected 
heretofore  by  this  body,  and  the  constitution  prohibiting  the  pas- 
sage of  a  law,  bill,  or  resolution  that  has  been  once  rejected  by 
either  branch  of  the  Legislature,  I  do  not  believe  we  now  have  a 
right  to  act  upon  it — and,  because,  although  I  have  been  very  anx- 
ious to  vote  for  a  bill  of  this  character  in  some  shape,  the  bill  now 
before  the  House  does  not  meet  my  approbation,  without  any  further 
excuse  or  attempt  at  palliation  or  mitigation,  or  any  thing  else,  I 
vote  NO. 

Mr.  Reeves:  I  ask  to  be  excused  from  voting,  not  upon  the 
grounds  which  have  been  stated  by  any  other  gentleman,  but  under 
the  60th  Rule,  which  says  that  no  member  shall  vote  upon  any 
question,  in  the  event  of  which  he  is  immediately  or  particularly  in- 
terested. I  feel  that  I  am  particularly  interested  in  this  matter, 
and  I  wish  to  be  excused  under  the  rule. 


170  University   of  Texas  Bulletin 

The  House  refusing  to  excuse  him,  he  proceeded: 

I  always  submit  cheerfully  to  whatever  the  House  says.  But  T 
do  say  that  I  believe  this  body  has  once  acted  upon  the  same  ques- 
tion, and  that  if  we  were  to  pass  it  now,  under  the  Constitution  it 
could  not  become  a  law.     I  therefore  vote  NO. 

Mb.  Waterhouse  made  some  remarks  inaudible  to  the  Reporter. 
He  said  he  believed  this  bill  would  have  been  as  unconstitutional, 
if  presented  for  the  first  time,  as  it  was  under  the  present  circum- 
stances.    He  would  therefore  vot  NO. 

After  the  roll  had  been  called  Through,  Mr.  Speaker  Locke  said: 

The  chair  is  informed  that  we  lack  one  of  a  quorum.  I  do  hope 
that  gentlemen  will  not  assume  the  responsibility  of  defeating  this 
measure  by  refusing  to  vote.     It   is  a  fearful  responsibility  to   take. 

Mr.  Latham:  I  call  for  an  announcement  of  those  who  have  re- 
fused to  vote. 

Mb.  Chilton:  I  am  about  to  do  a  thing  which  I  am  not  satisfied 
that  I  am  right  in  doing.  But  I  believe  we  were  sent  here  to  live 
for  each  other;  and  my  friends  are  directly  interested  in  the  pas- 
sage of  the  bill  at  this  time.  I  have  fought  it  as  long  as  I  could  in 
accordance  with  my  convictions  of  duty.  But  as  it  is  evident  there 
is  a  large  and  respectable  majority  of  this  House  in  favor  of  this 
legislation,  and  by  recording  my  vote  NO,  I  put  myself  right  upon 
the  record,  I  will  do  so.     I  vote  NO. 

The  bill  passed  by  a  vote  of  48  yeas  to  13  nays. 

GENERAL   LAWS 
O.  B.  102,  Chapter  116,  pp.  148-151;  G.  4,  pp.  102O-1023. 

AN  ACT  to  establish  the  University  of  Texas 

Whereas,  From  the  earliest  times,  it  has  been  the  cherished  design 
of  the  people  of  the  Republic  and  of  the  State  of  Texas,  that 
there  shall  be  established,  within  her  limits,  an  Institution  of 
learning,  for  the  instruction  of  the  youths  of  the  land  in  the 
higher  branches  of  learning,  and  in  the  liberal  arts  and  sciences, 
and  to  be  so  endowed,  supported  and  maintained,  as  to  place 
within  the  reach  of  our  people,  whether  rich  or  poor,  the  oppor- 
tunity of  conferring  upon  the  sons  of  the  State,  a  thorough  edu- 
cation, and  as  a  means  whereby  the  attachment  of  the  young 
men  of  the  State  to  the  interest,  the  institution,  the  rights  of  the 
State,  and  the  liberties  of  the  people,  might  be  encouraged  and 
increased,  and  to  this  end,  hitherto  liberal  appropriations  of  the 
public  domain  have  been  made;  and, 

Whereas,  The  increasing  population  and  wealth  of  the  State,  and 
the  tendency  of  events,  indicate  the  fitness  of  now  putting  that 
cherished  design  in  effect,  therefore, 


A  Source  Book  of  the  University  of  Texas  171 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  there  is  hereby  established,  within  this  State,  an  Institution 
of  learning,  to  be  styled  "'The  University  of  Texas,"  to  be  located 
at  such  place  and  in  such  manner  as  may  be  determined  by  law. 

Sec.  2.  The  sum  of  one  hundred  thousand  dollars  of  the  United 
States  bonds  in  the  Treasury  not  otherwise  appropriated,  is  hereby 
set  apart  and  appropriated  to  the  establishment  and  maintenance  of 
the  same.  The  fifty  leagues  of  land,  which,  by  the  Act  of  January 
26,  1839,  entitled  "An  Act  appropriating  certain  lands  for  the  es- 
tablishment of  a  general  system  of  education,"  were  set  apart 
and  appropriated  for  the  establishment  and  endowment  of  two 
Colleges  or  Universities,  are  hereby  set  apart  and  appropriated  to 
the  establishment  and  maintenance  of  the  University  of  Texas. 
There  is  hereby  set  apart  and  appropriated  to  the  same  purpose,  one 
section  of  land  out  of  every  ten  sections  of  land  which  have  here- 
tofore been,  or  may  hereafter  be  surveyed  and  reserved  for  the 
use  of  the  State,  under  the  provisions  of  the  Act  of  January  30, 
1854,  entitled  "An  Act  to  encourage  the  construction  of  railroads  in 
Texas  by  donations  of  land,"  and  under  the  provisions  of  any  gen- 
eral or  special  law  heretofore  passed,  granting  lands  to  railroad  com- 
panies, and  under  the  provisions  of  the  Act  of  February  11,  L854, 
granting  lands  to  the  Galveston  and  Brazos  Navigation  Company. 
The  Governor  of  the  State  shall  select  the  sections  hereby  appro- 
priated, so  that  no  sections  selected  shall  adjoin,  out  of  the  lands 
now  surveyed,  as  soon  as  practicable,  and  out  of  the  lands  hereafter 
to  be  surveyed,  as  soon  thereafter  as  practicable,  and  shall  cause  a 
record  to  be  made,  in  the  Land  Office  of  the  State,  of  the  sections 
so  selected;  and,  thereupon,  it  shall  be  the  duty  of  the  Commissioner 
of  the  General  Land  Office  to  designate,  upon  the  maps,  the  sections 
so  selected  as  University  lands.  The  sale  of  these  sections  shall  here- 
after be  regulated  by  special  law. 

Sec.  3.  The  control,  management  and  supervision,  of  the  Uni- 
versity, and  the  care  and  preservation  of  its  property,  subject  always 
to  the  control  of  the  legislature,  is  committed  to  a  Board  of  ten 
persons,  to  be  styled  "The  Administrators  -of  the  University  of 
Texas,"  which  shall  be  composed  of  the  Governor  of  the  State  of 
Texas,  the  Chief  Justice  of  the  Supreme  Court  of  Texas,  and  eight 
others,  who  shall  be  appointed  by  the  Governor,  by  and  with  the  con- 
sent of  the  Senate,  to  hold  office  for  four  years,  and  until  their 
successors  are  qualified.  The  Administrators  shall  receive  no  com- 
pensation for  their  services. 

Sec.  4.  The  following  branches  of  learning  shall  be  taught  at  the 
University,  viz:  Ancient  and  Modern  Languages,  the  different 
branches  of  Methematics,  pure  and  physical,  Natural  Philosophy, 
Chemistry,  Mineralogy,  including  Geology,  the  principles  of  Agri- 
culture,   Botany,    Anatomy,    Surgery    and    Medicine,    Zoology,    His- 


172  University   of  Texas  Bulletin 

tory,  Ethics,  Rhetoric  and  Belles-Letters,  Civil  Government,  Politi- 
cal Economy,  the  Law  of  Nature,  of  Nations,  and  Municipal  Law. 

Sec.  5.  The  religious  tenet  of  any  person  shall  not  be  made  a 
condition  of  admission  to  any  privilege  or  office  in  the  University; 
nor  shall  any  course  of  religious  instruction  be  taught  or  allowed, 
of  a  sectarian  character  and  tendency. 

Sec.  6.  The  Administrators  shall  have  the  power  to  appoint  the 
President,  Faculty,  Instructors,  and  Officers,  of  the  University,  and 
prescribe  the  course  of  instruction  and  discipline  to  be  observed,  in 
the  University.  They  shall  fix  the  salaries  of  the  President,  Faculty, 
Instructors,  and  Officers  of  the  University.  Five  of  the  Administra- 
tors, with  the  Governor  or  the  Chief  Justice,  lawfully  convened,  shall 
be  a  quorum  for  the  transaction  of  business.  They  shall  meet  at 
least  once  in  every  year,  for  the  transaction  of  business,  and  shall 
keep  a  record  of  their  proceedings.  They  shall  have  a  Secretary,  to 
be  elected  by  them.  They  shall  have  power  to  make  all  regula- 
tions, which,  to  them,  shall  seem  expedient  for  carrying  into  effect 
the  design  contemplated  by  the  establishment  of  this  University,  not 
inconsistent  with  the  laws  of  the  State. 

Sec.  7.  The  Administrators  shall  have  the  right  of  conferring, 
on  any  person  whom  they  think  worthy  thereof,  all  literary  honors 
and  degrees  known  and  usually  granted  by  any  University  or  Col- 
lege in  the  United  States  or  elsewhere. 

Sec.  8.  The  Administrators  shall  repon  to  the  Legislature,  at 
each  session,  the  situation  of  the  affairs  of  the  University. 

Sec.  9.  Instruction  at  the  University  shall  be  free,  and  the  Admin- 
istrators shall  prescribe  what  degree  of  proficiencies  shall  entitle 
students  to  admission. 

Sec.  10.  A  committee,  to  be  appointed  by  the  Legislature  at  each 
session,  shall  attend  the  annual  examinations  of  the  stuuents  of  the 
University,  and  report  to  the  Legislature  thereon. 

Sec.  11.  The  reasonable  expenses  incurred  by  the  Administrators 
and  visiting  committee,  in  the  discharge  of  their  duties,  shall  be 
paid  out  of  the  funds  of  the  University. 

Sec.  12.  The  Treasurer  of  the  State  shall  be  Treasurer  of  the 
University  funds. 

Sec.  13.  So  soon  as  the  location  of  the  University  is  determined 
upon,  it  shall  be  the  duty  of  the  Administrators  to  proceed  to  the 
construction  of  the  necessary  buildings,  and  for  that  purpose,  shall 
procure  the  services  of  a  competent  architect,  who  shall  superintend 
the  work:  such  plan  and  design  for  the  building  shall  be  adopted, 
as  shall  be  consistent  with  the  addition  of  wings  or  other  structures 
hereafter,  without  marring  the  architectural  beauty  and  fitness 
of  the  whole.  There  shall  be  constructed  suitable  buildings  for  the 
accomodation  of  the  Professors  and  their  families.  The  contracts  for 


A  Source  Book  of  the  University  of  Texas  173 

the  buildings  shall  require  the  performance  of  the  work  under  ample 
security  for  its  fitness  and  faithfulness. 

Sec.  14.  The  expenditures  of  the  University,  for  the  construction 
of  buildings,  or  otherwise,  shall  be  made  under  the  order  of  the 
Administrators;  and  when  money  is  required  for  the  payment  of  the 
same,  it  shall  be  drawn  upon  the  warrant  of  the  Governor,  counter- 
signed by  the  Secretary,  upon  the  Treasurer,  who  shall  pay  the 
same  out  of  the  University  funds.  And  this  Act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  February  11,  1858. 

EIGHTH    LEGISLATURE,    REGULAR   SESSION,    NOVEM- 
BER 7,  1859,  TO  FEBRUARY  13,  1860 

MESSAGE  OF  GOVERNOR  SAM  HOUSTON 
January  13,  1860;  H.  J.  p.  393,  p.  395;  S.  J.  p.  270;  p.  272 


The  $2,000,000  set  apart  for  the  school  fund  yet  remains,  but 
the  balance  of  the  $5,000,000,  received  from  the  sale  of  our  Santa 
Fe  territory  to  the  United  States  is  exhausted,  except  the  amount 
set  apart  for  the  University  fund,  amounting  to  $106,972.26  and  the 
balance  mentioned  of  $411,402.69,  belonging  to  the  general  fund. 

I  would  also  commend  to  your  consideration  the  importance  of 
extending  a  reasonable  aid  to  institutions  of  learning,  now  in  opera- 
tion in  our  State,  supported  by  private  enterprize,  and  to  encourage 
by  a  general  law  the  establishment  of  others.  Our  citizens  have 
already  displayed  much  zeal  and  enterprise  in  rearing  up  in  our 
midst  institutions  which  are  accomplishing  great  good,  to  sustain 
these  is  difficult,  and  as  the  benefits  arising  from  these  are  to  be 
felt  in  the  general  prosperity  of  the  State,  and  the  intelligence  of 
its  entire  people,  a  proper  encouragement  at  the  hands  of  the  Leg- 
islature should  be  extended.  Surrounded  by  proper  guards  a  mea- 
sure of  this  character  would  be  productive  of  great  good. 

The  establishment  of  a  University,  is,  in  my  opinion,  a  matter 
alone  for  the  future.  At  this  time  it  is  neither  expedient,  nor  is  it 
good  policy  to  provide  for  the  sale  of  those  lands  set  apart  for  the 
University  fund.  If,  at  some  future  period  it  should  be  deemed  ex- 
pedient, or  in  keeping  with  a  more  enlarged  policy,  to  devote  our  en- 
tire energies  to  a  more  general  diffusion  of  knowledge  than  a  Univer- 
sity would  afford,  or  even  if  the  voice  of  the  State  should  demand  the 
establishment  of  one  these  lands  will  then  provide  the  means  of  ad- 
vancing the   cause   of  education.    When   that  period   arrives,   their 

value  will  be  greatly  increased.     If  sold  now,  but  little  will  be  real- 


174  University  of  Texas  Bulletin 

ized  from  them,  and  before  the  expiration  of  twenty  years — the  time 
upon  which  over  fifty  thousand  acres  would  have  been  sold — the 
lands  will  be  worth  more  than  three-fold  the  amount  they  would 
bring  now,  with  accumulated  interest. 

So  far  as  the  one  huncfred  thousand  dollars  of  bonds,  and  their  in- 
terest, taken  from  the  general  and  applied  to  the  University  fund,  by 
the  last  Legislature,  are  concerned,  I  believe  the  condition  of  the 
treasury  and  our  immediate  necessities  demand  that  the  act  be  re- 
pealed, and  the  money  again  placed  subject  to  appropriation.  We 
need  money  for  the  protection  of  our  frontier,  and  to  save  us  from 
taxation,  more  than  for  a  fund  which  promises  no  immediate  benefit. 
Our  common  school  fund  already  provides  for  the  education  con- 
templated by  the  Constitution,  and  if  this  amount,  thus  unneces- 
sarily withdrawn  from  the  general  fund,  will  reduce  the  burthens  of 
taxation,  the  people  will  be  better  able,  in  the  future,  to  bear  taxa- 
tion to  support  a  University,  if  one  should  be  necessary, 

PROCEEDINGS  IN  THE   LEGISLATURE 

H.  B.  22.     By  Mr.  Armstrong. 

To  establish  two  universities  of  the  State  of  Texas. 
Died  in  Committee.     H.  J.  pp.  82,  117. 

H.  B.  53.     By  Mr.  Taylor. 

To  supplement  the  act  authorizing,  the  sale  of  University  land, 
H.  J.  p.  149,  166,  258. 

H.  B.  86.     By  Mr.  Taylor. 

To  relieve  the  purchasers  of  University  lands. 

H.  J.  pp.  63,  112,  135,  140,  223,  245;  S.  J.  pp.  86,  87,  127,  130, 
134,  308.  Vetoed  by  Governor  Sam  Houston.  January  9,  1860;  H. 
J.  pp.   349-351. 

I  herewith  return  to  the  House,  in  which  it  originated,  "an  act 
to  authorize  the  Governor  to  postpone  the  sale  of  University  lands 
that  have  been  forfeited  for  non-payment  of  the  annual  installment 
required  by  law." 

The  Executive  can  see  no  reason  for  any  grant  of  indulgence  to 
the  purchasers.  No  petition  or  papers  accompany  the  act  and  he  is 
left  to  infer  from  the  conditions  of  the  sale  of  the  University  lands, 
that  they  were  purchased  from  the  State  upon  speculation;  and  this 
being  the  case,  he  would  deem  it  impolitic,  unwise  and  detrimental 
to  th-e  public  interest,  to  extend  the  time  for  payment  of  the  in- 
stallment a  single  day.  If  the  principle  of  indulgence  be  once 
inaugurated,  it  would  only  be  an  invitation  to  the  purchasers  at  sub- 
sequent sessions  of  the  Legislature,  to  petition  for  further  indulgence. 
If  this  act  embraced  any  general  principle,  the  case  would  be  differ- 


A  Source  Book  of  the  University  of  Texas  175 

ent;  but,  as  it  bears  the  aspect  of  class  legislation,  or  special  legisla- 
tion, the  Executive  cannot  sanction  either.  Had  it  a  general  applica- 
tion to  purchasers  of  small  tracts  of  the  public  domain  for  home- 
steads, who  had  been  prevented  from  complying  with  their  contracts 
on  account  of  the  State  or  General  Government  not  having  furnished 
adequate  protection,  the  plea  for  indulgence  might  be  urged  with 
some  claim  to  consideration.  I  can  see  no  reason  for  the  extension 
contemplated  by  the  act.  Hence  the  approval  of  the  Executive  is 
withheld. 

The  Executive  would  respectfully  suggest,  however,  that  if  the 
parties  desiring  relief,  choose  to  relinquish  to  the  State,  the  lands 
purchased  by  them,  they  be  permitted  to  do  so  and  their  obligations 
canceled. ' 

Mr.  Haynes  moved  to  lay  the  message  on  the  table.  Lost  by  the  fol- 
lowing vote: 

Yeas — Messrs.  Speaker,  Baxter.  Benevides,  Camp,  Davis  of  B., 
Epperson,  Hall,  Hartley,  Haynes,  Henry,  Manly,  Martin,  McCutchan, 
Mills,  Munson,  Nelson,  Perry,  Shelton,  Stewart,  Waelder  and  War- 
field — 21. 

Nays — Messrs.  Andersen,  Armstrong,  Bogart,  Branch,  Bryan, 
Buckley,  Craig,  Crawford,  Clark,  Culberson,  Cumby,  Dale,  Davis  of 
H.,  Dennis,  Dickson,  Dougherty,  Duncan,  Ellett,  Flewellen,  Francis, 
Franklin,  Foscue,  Harrison  of  C,  Harrison  of  V.  Z.,  Henderson, 
Houghton,  Hubbard,  Lewis  of  M-,  Lewis  of  R.,  Lewter,  Lynch,  Mabry, 
Maverick,  Maxey,  McKnight,  Undine,  Norton,  Parker,  Redgate,  Red- 
wine,  Robinson,  Ross,  Shannon,  Short,  Smith,  Speights,  Townes, 
Walworth,  Waterhouse,  Whitfield,  Whitmore,  Wortham  and  Wrede 
—53. 

Mr.  Norton  moved  to  postpone  a  consideration  of  the  matter  until 
the  first  of  February.     Lost. 

The  question  recurring  upon  the  final  passage  of  the  bill  notwith- 
standing the  veto  of  the  Governor. 

Mr.  Norton  moved  a  call  of  the  House,  which  was  lost,  and  the 
House  refused  to  pass  the  bill  by  the  following  vote: 

Yeas — Messrs.  Benevidas,  Bogart.  Bryan,  Buckley,  Camp,  Clark, 
Culberson,  Dale,  Duncan,  Ellett,  Epperson,  Flewellen,  Harrison  of 
V.  Z.  Hartley,  Haynes,  Henry,  Hubbard,  Manly,  McCutchan,  Middle- 
ton,  Mills.  Munson,  Nelson,  Nortom,  Owens,  Parker,  Perry,  Shannon, 
Smith,  Townes,  Waelder,  Walworth,  Warfield,  Wortham  and  Wrede 
— 38. 

N.vvs: — Messrs.  Speaker,  Anderson.  Armstrong,  Baxter,  Branch, 
Craig,  Crawford,  Cumby,  Davis  of  B.,  Davis  of  H.,  Dennis.  Dickson, 
Dougherty,  Francis,  Franklin,  Foscue,  Hall,  Harrison  of  C,  Hender- 
son, Houghton,  Lewis  of  M.,  Lewis  of  R.,  Lewter,  Lynch,  Mabry, 
Maverick,    McClarty,    McKnight,    Pirkey,    Redgate,    Redwine.    Robin- 


176  University  of  Texas  Bulletin 

son,    Ross,    Shelton,    Short,    Speights,    Stewart,    Waterhouse,    Whit- 
field and  Whitmore — 40. 

Mr.  Dougherty  moved  to  reconsider  the  vote  refuging  to  pass  the 
bill  vetoed  by  the  Governor,  and  to  postpone  it  till  February  the  first. 
On  motion  of  Mr.  Henderson  the  motion  was  laid  on  the  table. 

H.  B.  193.  By  Mr.  Culberson. 

To  repeal  the  act  of  February  11,  1858,  establishing  the  University 
of  Texas. 

Passed  House  52  to  20.  H.  J.  pp.  17,  252,  293,  295,  325,  345, 
522,  537,  538,  548;  S.  J.  pp.  415,  437,  455,  459,  569. 

Adversely  reported  by  Committee.     Minority  report.     S.  J.  p.  569. 

Report  of  Minority:  To  Hon.  Edward  Clark,  President  of  Sen- 
ate: The  undersigned,  comprising  a  minority  of  the  committee  on 
Education,  to  which  was  referred  the  bill  passed  by  the  House  of 
Representatives,  repealing  an  act  to  establish  the  University  of 
Texas,  approved  February  11th,  1858,  having  had  the  same  under 
consideration  and  dissenting  from  the  report  of  the  majority  recom- 
mend the  passage  of  said  bill. 

Since  the  passage  of  the  act  of  the  last  session  creating  a  State 
University,  the  subject  has  been  thoroughly  discussed  by  the  people 
of  the  State,  and  they  have,  in  our  opinion,  declared  in  favor  of  its 
repeal.  This  sentiment  has  been  carried  out  by  the  Representatives 
in  the  popular  branch  of  the  Legislature,  who  are  fresh  from  the 
people,  by  a  vote  of  fity-two  to  twenty. 

Without  detailed  argument  of  the  subject,  we  desire  to  carry  out 
the  will  of  the  people,  and  therefore  recommend  the  passage  of  the 
bill. 

Respectfully  submitted, 

D.    M.   WHALEY. 
M.    D.   HART. 
S.  B.  2.     By  Mr.  Erath. 

To  authorize  the  use  of  the  United  States  bonds  belonging  to  the 
University  for  frontier  protection. 

Became  a  law.     S.  J.  pp.  302,  315,  341,  376;  H.  J.  pp.  513,  558. 

S.  B.  — .     By  Mr.  Throckmorton. 

To  appoint  agents  to  receive  the  money  due  from  the  sale  of  uni- 
versity lands. 

Failed  in  Senate  18  to  10.     S.  J.  pp.  113,  122,  123,  136. 

S.  B.  170.     By  Mr.  Throckmorton. 

To  make  an  appropriation  for  selling  the  University  lands. 

Became  a  law.  S.  J.  pp.  259,  314,  321,  333,  402;  H.  J.  pp.  481, 
526,  558. 


A  Source  Book  of  tin  University  of  Texas  177 

S.  B.  280.     By  Mr.  Spann. 

To  authorize  the  Governor  to  postpone  the  sale  of  University  lands 
that  have  been  forfeited  for  the  non-payment  of  annual  installments. 

S.  J.  pp.  183,  213;   H.  J.  p.  305. 

GENERAL    LAWS 
S.  B.  2,  Ch.  32,  pp.  29-30.     G.  4,  pp.  1391-1392. 

AN  ACT  to  authorize  the  use  of  the  United  States  Bonds,  set  a]. art 

to    the    University    of    Texas,    to    meet    appropriations    made    for 

frontier    defence. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  sum  of  one  hundred  thousand  dollars  in  United 
States  bonds  with  the  interest  which  has  heretofore  accrued,  or 
which  may  hereafter  accrue  upon  the  same,  set  apart  and  appro- 
priated for  the  establishment  and  maintenance  of  the  University 
of  Texas,  by  "an  act  to  establish  the  University  of  Texas,"  ap- 
proved February  11,  1858,  may  be  used  at  any  time  during  the 
next  two  years,  to  meet  any  appropriations  made  by  law,  for  fron- 
tier defence;  provided  the  current  revenue  be  insufficient  to  meet 
such  appropriations,  as  they  are  required  to  be  disbursed,  and 
provided  further  that  in  case  it  should  be  necessary  to  use  said 
bonds  and  interest,  or  any  part  of  the  same,  the  amount  so  used, 
shall  be  replaced  to  meet  the  appropriation  made  by  said  act  of 
11th  February,  1858,  to  establish  said  University,  so  soon  as  the 
amount,  so  used,  or  any  part  of  the  same  may  come  into  the  Treas- 
ury, from  current  revenue  or  from  any  other  source,  not  appro- 
priated or  set  apart  for  any  other  use.  The  amount  so  used,  to 
be   paid    back   to   the    University   fund,    without   interest. 

Sec.  2.  That  the  said  United  States  bonds  may  be  disposed 
of,  if  required  to  comply  with  the  provisions  of  this  act,  in  the 
manner  other  United  States  bonds  are  or  may  be  disposed  of  by 
any  law  now  existing  or  which  may  be  hereafter  passed. 

Approved  January   31,   1860. 

S-  B.  170,  Ch.  39,  p.  35.     G.  3,  p.  1397 

AN  ACT  making  an  appropriation  to  defray  the  r.ri><  rises  of  selling  /he 

University  lands 

Section  1.  Be  it  enacted  by  the  Legislature  of  tin-  stutr  of  Texas, 
That  the  sum  of  seventeen  hundred  and  sixteen  and  forty-five 
hundredth  dollars,  or  so  much  thereof  as  may  be  necessary,  be  and 
the  same  is  hereby  appropriated  out  of  the  proceeds  of  the  sales 
of  the  University  lands,  now   in  the  Treasury,  to  pay  the  Connnis- 

12—227 


178  University   of  Texas  Bulletin 

sioner  appointed   by  the  Governor  for  selling  the  University  lands, 
and   for   advertising   the   sale   of  said   lands. 
Approved    February    2,    1860. 

EIGHTH    LEGISLATURE,     CALLED    AND    ADJOURNED 

CALLED  SESSIONS,  JANUARY  21  TO  FEBRUARY 

9,  1861;  MARCH  18  TO  APRIL  9,  1861 

MESSAGES    OF    GOVERNOR    SAM    HOUSTON 
January  21,   1861;  H.  J.  pp.   14-15;    S.  J.  p.   10 

The  Executive,  to  support  and  render  efficient  the  force  which 
he  had  from  time  to  time  in  the  field,  has  had  no  money  at  his 
command,  except  the  University  Fund  amounting  to  $106,992.26, 
which  was  by  special  act  of  the  legislature  authorized  to  be  used 
for  purposes  of  Frontier  defense.  It  was  his  opinion  that  the  Leg- 
islature intended  that  this  fund  should  be  used  alone  for  the  de- 
fense of  the  Indian  frontier,  and  not  for  the  payment  of  claims  on 
account  of  the  war  upon  the  Rio  Grande.  The  troubles  upon  the 
Rio  Grande,  although  speedily  settled  after  the  arrival  of  the  Com- 
missioner sent  by  the  Executive,  cost  the  State  an  amount  far  beyond 
the  estimate  of  the  Legislature,  and  when  claims  were  presented  for 
supplies  furnished  troops,  the  Executive  did  not  believe  the  money 
should  be  drawn  from  the  University  Fund,  and  expressed  his  views 
in  that  respect  to  the  Comptroller.  That  fund  was  the  sole  depend- 
ence of  the  Executive  for  the  purchase  of  supplied  to  keep  troops 
in  the  field.  A  considerable  sum  was  paid,  however,  from  the  fund 
for  debts  contracted  during  the  Rio  Grande  war.  This  reduced  the 
amount  which  (otherwise)  might  be  used  to  defend  the  frontier 
to  $76,937.73  which  has  been  exhausted.  *  *  *  *  Finding 
that  it  was  impossible  to  purchase  any  adequate  amount  of  sup- 
plies on  the  credit  of  the  State,  the  Executive  in  two  communica- 
tions dated  the  8th  of  November  and  7tk  of  January,  suggested 
to  the  State  Treasurer  the  propriety  of  using  for  purposes  of  fron- 
tier defence  the  amount  in  the  Treasury  on  account  of  University 
Land  sales,  but  the  opinion  of  that  officer,  C.  H.  Randolph,  was 
averse  to  the  proposition  and  that  fund  amounting  to  $34,708.14 
still   remains   in   the   treasury. 

February  5,  1861;   H.  J.,  p.   100;   S.  J.,  p.  78 

"By  the  Treasurer's  Report,  received  on  the  2d  inst.,  it  appears 
that  there  was  then  in  the  Treasury,  subject  to  disbursement  on 
account  of  State  Revenue,  $5,279.60.  The  Legislature  has  already 
appropriated  $9,768.62  of  the  fund  arising  from  University  Land 
sales,  and  $17,313.30  of  the  fund  accumulating  from  estates  of 
deceased  persons,  for  the  per  diem  and  the  mileage  of  its  mem- 
bers, and  it  has  only  been  by  the  use  of  these  funds  that  the  Treas- 


A  Source  Book  of  the  University  of  Texas  179 

ury  has  been  spared  thus  far  from  entire  bankruptcy.  The 
amount  on  hand  will  be  exhausted  before  the  termination  of  the 
present  week,  when  there  must  be  a  suspension  of  specie  pay- 
ments altogether." 

PROCEEDINGS   IN  THE   LEGISLATURE 

H.  B.  2.     By  Mr.  Stewart. 

To  apply  certain  funds  now  in  the  Treasury  arising  from  the 
Bale  of  University  lands  to  pay  the  mileage  and  per  diem  of  the 
members. 

Became  a  law.     H.  J.  p.  42. 

"The  University  not  being  likely  to  go  into  operation,  your  com- 
mittee are  of  the  opinion  that  the  fund  might  be  used  by  the 
State  and  replaced  from  the  State  revenue,  whenever  the  Univer- 
sity shall   be   put  into  operation." 

By  Mr.  Grimes,  Chairman  of  Committee  on  Finance.  S.  J.  p.  48. 
H.  B.  51.     By  Mr.  Shannon. 

To  provide  for  the  protection  of  the  frontier  out  of  the  United 
States  bonds  in  the  University  fund.     H.  J.  p.  43;  S.  J.  p.  42,  52,  54. 

Replaced  by  H.  B.  2. 
S.  B.  2.     By  Mr.  Throckmorton. 

To  appropriate  the  money  arising  from  the  sale  of  University 
lands  for  the  purchase  of  supplies  and  ammunitions  for  the  troops 
on  the  frontier. 

Became  a  law.     S.  J.  p.  38,  42,  48,  52,  54. 

GENERAL    LAWS 

H.  B.  2;  Ch.  5,  pp.  6-7;  G.  5,  pp.  342-343 

AN  ACT  directing  how  certain  funds  now  in   the  treasury  shall   be 

applied. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  nine  thousand  seven  hundred  and  sixty-eight  dollars 
and  sixty-two  cents  in  specie,  being  part  of  the  proceeds  of  the 
sale  of  the  University  lands,  now  in  the  Treasury;  and  also  the 
amount  of  seventeen  thousand  three  hundred  and  thirteen  dollars 
and  thirty  cents,  being  the  fund  accumulated  from  deceased 
estates,  in  specie,  now  in  the  Treasury,  shall  be  applied  to  the 
payment  of  the  mileage  and  per  diem  pay  of  the  Members,  and 
the  per  diem  pay  of  the  Officers,  of  the  present  extra  session  of 
the  Eighth  Legislature,  and  the  contingent  expenses  of  the  same; 
provided  the  amount  disbursed  under  this  act  shall  be  herein- 
after replaced  to  the  University  fund,  and  the  fund  for  decedents 
estates,  so  soon  as  the  amounts  so  used,  or  any  part  thereof,  may 


180  University  of  Texas  Bulletin 

come  into  the  Treasury  from  current  revenue,  not  appropriated  or 
set  apart  for  any  other  use. 
Approved    January    29,    1861. 

S.  B.  2,  Ch.  19;  p.  17.     G.  5,  p.  353 

AN  ACT  making  an  appropriation  to  pay  for  supplies  furnished  troops 
now  on  the  frontier. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas. 
That  the  sum  of  twenty-five  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  be  and  the  same  is  hereby  appropriated  to 
pay  for  supplies  furnished,  and  to  purchase  supplies  for  the  troops 
now  on  the  frontier,  which  appropriation  shall  be  paid  out  of  the 
United  States  bonds  now  in  the  Treasury,  arising  from  the  sales 
of  the  University  lands;  the  said  bonds  to  be  paid  out  at  their 
common  market  value,  and  the  amount  paid  shall  become  a  charge 
against  the  State,  and  be  returned  to  the  University  fund  without 
interest  whenever  the  condition  of  the  Treasury  will  allow  the 
same  to  be  done. 

Approved  Feb.    8,    18  61. 

Ch.  23;  p.  19;  G.  5,  p.  355 

AN  ACT  authorizing  Treasury  Warrants  to   be  received  in  payment 

of  certain  dues. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Comptroller  and  Treasurer  shall  receive  Treasury 
Warrants  for  money  in  settlement  with  any  individual  in- 
debted to  the  State,  for  lands  under  the  different  pre-emption 
laws,  or  laws  authorizing  the  sale  of  University  lands,  or  laws  pro- 
viding for  the  sale  of  the  public  domain.  Provided,  that  the 
Comptroller  and  Treasurer  shall  transfer  to  the  credit  of  the  Uni- 
versity and  common  school  fund  such  warrants  as  may  be  received 
In  payment  for  lands  appropriated  for  the  university  and  for 
common  schools,  respectively.  Which  said  warrants  shall  be  paid 
out  of  any  money  in  the  Treasury  not  necessary  to  pay  other  ap- 
propriations. 

Sec.  2.  The  Board  of  School  Commissioners  are  hereby  author- 
ized to  receive  Treasury  Warrants  in  payments  of  the  two  per  cent. 
for  a  sinking  fund,  payable  by  railroad  companies  in  whose  bonds 
the  special  school  fund  has  been,  or  may  hereafter  be  invested; 
and  said  warrants  shall  be  held  for  the  credit  of  said  special  school 
fund  in  like  manner  as  provided  by  law  for  the  investment  of  said 
sinking  fund  in  State  stocks. 


A  Source  Book  of  the  University  of  Texas  181 

Sec.  3.  Where  Treasury  Warrants  are  tendered  under  the  pro- 
visions of  this  act  in  payment  of  any  indebtedness,  the  interest 
shall  be  computed  and  allowed,  and  where  the  warrants  exceed  the 
indebtedness,  the  holder  shall  be  entitled  to  a  warrant  for  the 
residue. 

Approved   February  9,   1861. 

[Under  this  act  $12,230.39  was  received  in  treasury  warrants  and  ap- 
parently (S'ee  also  O.  B.  46,  Tenth  Legislature)  $114,804.48  in  Confederate 
Notes:  these  sums  were  lost  permanently  to  the  University  Permanent 
Fund  as  a  consequence  of  Ordinance  2,  Convention  of  1866.] 

Ch.   51;    pp.  39-40;    G5.,  pp.  375-376 

AN  ACT  authorizing  a  loan  and  imposing  a  specific  tax,  to  meet  the 
principal  and  interest  thereof,  under  the  provisions  of  the  33rd  sec- 
tion of  the  Hth  article  of  the  Constitution  of  the  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Governor  of  the  State  shall  cause  to  be  executed 
the  bonds  of  the  State  for  the  sum  of  one  million  dollars  in  sums 
of  one  thousand  dollars  each,  redeemable  in  sixteen  years,  and 
bearing  interest  at  the  rate  of  eight  per  centum  per  annum,  pay- 
able semi-annually;  with  coupons  for  the  semi-annual  interest 
attached,  payable  on  the  first  day  of  July  and  first  of  January,  of 
each  year.  The  bonds  shall  be  signed  by  the  Governor  and  Treas- 
urer, and  shall  be  registered  by  the  Comptroller,  who  shall  certify 
the  fact  of  such  registration  on  the  back  of  the  bonds,  and  the 
coupons  shall  be  signed  by  the  Treasurer.  The  bonds  and  coupons 
shall  be  payable  at  some  bank  in  the  city  of  New  Orleans,  in  the 
State   of  Louisiana. 

Sec.  2.  The  Governor  shall  appoint  an  agent  to  negotiate  the 
sale  of  said  bonds  from  time  to  time,  and  to  place  the  proceeds 
of  such  sales  in  some  bank  in  the  city  of  New  Orleans,  to  be  sub- 
ject to  the  order  of  the  Comptroller  of  the  State,  and  by  him 
to  be  placed  in  the  State  Treasury.  Said  agent  shall  be  governed 
in   his  negotiations  by   the   instructions   of   the   Governor. 

Sec.  3.  The  proceeds  of  the  sales  of  said  bonds  shall  be  applied 
to  the  following  objects,  and  no  other  purposes  whatever:  To  the 
payment  of  all  indebtedness  of  the  State  created  for  the  defence 
of  the  frontier,  and  to  the  payment  of  appropriations  which  have 
been  or  may  hereafter  be  made  for  the  military  defence  of  the 
State.  To  the  repayment  of  all  the  disbursements  made  from  the 
Treasury  or  anticipated  from  the  accruing  revenue  of  the  State,  or 
from  any  special  fund  or  funds  in  the  State  Treasury  to  meet  ap- 
propriations to  pay  the  expenses  of  the  State  Convention,  and  of 
the  extra  and  adjourned  sessions  of  the  eighth  Legislature. 


182  University  of  Texas  Bulletin 

To  the  payment  of  all  appropriations  made  to  meet  the  debts 
created  or  incurred  by  authority  of  the  State  Convention,  and  to 
meet  any  deficit  in  appropriations  made  to  meet  the  expenses  of 
said  Convention,  and  of  the  expenses  of  the  extra  and  adjourned 
sessions  of  the  eighth  Legislature. 

To  the  payment  of  any  deficit  in  the  appropriations  made  to 
meet  the  ordinary  expenses  of  the  Government  for  the  year  1861, 
arising  from  the  anticipation  of  the  revenue  to  meet  extraordinary 
demands. 

Approved,  April  8,   1861. 

JOURNAL  OF  THE  SECESSION  CONVENTION  OF  TEXAS, 

1861 

Edited  From  the  Original  in  the  Department  of  State  by  Ernest  W. 
Winkler,   State  Librarian,    1912 

PROCEEDINGS  IN  THE  CONVENTION 

March  9,  1861;  p.  130 

Mr.  Throckmorton  offered  the  following  resolution  which  was 
referred  to  the  Committee  on  Finance. 

"Resolved,  that  the  committee  on  Finance  report  an  ordinance 
to  provide  for  the  sale  of  all  the  unsold  University  lands,  and  also 
to  provide  that  the  proceeds  of  the  sales  thereof  shall  be  used 
for  the  liquidation  of  the  present  indebtedness  of  the  State,  and 
that  the  same  shall  be  subject  to  such  appropriation  without  be- 
coming  a   charge   against   the   State    for   University   purposes." 

March  13,  1861;   p.  154.  155-156;  p.  157 

An  Ordinance  to  raise  Money  to  defray  the  extraordinary  ex- 
penses arising  from  the  condition  of  Public  Affairs  and  to  pay 
the  expenses  of  the   Convention. 

[Printed  bill  in  Miscellaneous  Papers  of  the  Secession  Conven- 
tion. The  numbers  in  brackets  indicate  the  number  of  lines 
printed  in  the  bill.] 


Sec.  6.  That  the  bonds  authorized  to  be  created  by  this  ordi- 
nance may  be  adequately  (2)  and  securely  provided  for,  it  is  here 
declared  and  ordained  that  the  securities  now  in  the  (3)  proper 
department  of  the  State  government,  arising  from  the  sale  of  the 
fifty  league  (4)  grant  of  University  lands  or  the  money  arising 
from  the  payment  of  said  securities  or  (5)  so  much  as  may  be 
paid  by  the  1st  day  of  July,   1871,   as  also  the  remainder  of  said 


A  Source  Book  of  the  University  of  Texas  183 

(6)  University  fifty  league  grant  amounting  to  some  one  hun- 
dred and  forty-six  sections,  or  (7)  its  proceeds  when  sold,  shall 
be  set  aside  and  is  hereby  set  aside  and  constituted  a  sinking  (8) 
fund  for  the  sole  and  exclusive  purpose  of  redeeming  the  principal 
of  said  State  (9)  Bonds,  when  due,  and  payable  on  said  1st  day  of 
July,    1871. 

Sec.  7.  That  as  money,  accruing  from  said  University  security 
and  land,  shall  be  paid  (2)  into  the  State  Treasury,  the  same  shall, 
by  the  joint  action  of  the  Comptroller  and  (3)  Treasurer,  be 
loaned  out,  on  undoubted  security,  at  an  interest  of  from  eight 
to  twelve  (4)  per  centum,  per  annum,  payable,  both  principal  and 
interest,  annually,  and  on  a  credit  (5)  of  one  year  from  the  date- 
of   the   loan,   and   thereafter   in   like   manner,   till   required   to    pay 

(6)  and  satisfy  the  said  State  Bonds  hereinbefore  authorized  to 
be  made. 

Sec.  11.  That  in  due  and  proper  time,  the  Comptroller  and 
Treasurer  of  the  State  (2)  shall  appoint  some  qualified  person  as 
Commissioner  for  the  purpose  of  selling  the  (3)  remander  of  the 
fifty  league  University  grant  hereinbefore  designated  as  part  of  the 
(4)  sinking  fund,  and  to  such  Commissioner  they  shall  allow  such 
compensation  as  may  (5)  appear  to  them  equitable  and  right.  Be- 
fore entering  upon  his  duties  said  Commissioner  (6)  shall  take  an 
oath,  well  and  faithfully  to  perform  the  duties  assigned  to  him. 

Sec.  12.  That  said  last  named  Commissioner  shall,  after  giving 
notice  of  the  said  (2)  sale,  in  such  papers  and  in  such  places,  and 
for  such  length  of  time  as  he  may  appoint,  (3)  shall  proceed  at  the 
periods  herein  named,  to  wit:  on  the  1st  Monday  in  November,  (4) 
1861,  on  the  first  Monday  of  November,  1862,  and  on  the  1st  Mon- 
day of  November,  (5)  1863,  and  from  day  to  day  at  or  (as)  near 
the  land  as  he  may  think  proper  proceed  to  offer  (6)  said  lands 
for  sale  at  auction,  and  sell  the  same,  provided  however  that  the 
same  shall  (7)  not  except,  as  hereinafter  provided  for,  be  sold  at 
a  price  under  three  dollars  per  acre. 

Sec.  13.  That  said  lands  shall  be  sold  in  alternate  half  sections, 
unless  the  tract  (2)  adjoining  that  sold,  be  a  fraction  of  a  section; 
and  in  making  the  sales,  the  Commissioner  (3)  shall  only  sell  one- 
third  of  the  whole  quantity  now  remaining  unsold,  it  being  the  (4) 
intent  and  meaning  of  this  section  that  an  equal  quantity,  if  practi- 
cable in  the  judgment  (5)  of  the  Commissioner,  shall  be  sold  at  the 
times  appointed  for  the  three  several  (6)  sales.  At  the  last 
sale,  should  any  tract  or  tracts  fail  to  find  a  purchaser  or  purchasers, 

(7)  the  same  shall  be  sold  for  what  they  will  bring. 

Sec.  14.  That  the  sales  shall  be  on  a  credit  ending  on  the  1st 
day  of  January  A.  D.  (2)  1869,  the  notes,  as  far  as  practicable,  being 
taken  in  installments  of  one  year,  and  bearing  (3)   interest  of  eight 


184  University  of  Texas  Bulletin 

per  cent  per  annum,  the  interest  on  the  whole  amount  of  purchase 
(4)  money,  payable  at  the  times  appointed  by  the  Commissioner 
for  the  payment  of  the  (5)  notes.  That  in  case  any  debtor  for  said 
lands  remain  in  default  for  any  two  payments,  (6)  both  the  pay- 
ments made  and  the  land  shall  be  forfeited  to  the  State.  The  State 
(7)  shall  only  make  title  when  the  debt  and  interest  are  fully  paid. 

Sec.  15.  That  the  section  of  this  ordinance,  creating  a  sinking 
fund  of  the  University  (2)  securities  and  lands  or  their  proceeds, 
shall  and  they  are  hereby  declared  to  be  organic  (3)  and  as  part 
of  the  Constitution  irrevocable  until  the  fund  accomplishes  its  pur- 
pose (4)  after  which,  should  any  remain,  it  shall  inure  as  the  part 
of  the  University  fund. 

Sec.  16.  That  all  State  laws  hostile  to  or  inconsistent  with  this 
ordinance  are  (2)  repealed. 

March  14,  1861;   pp.  159-163 

Mr.  Robertson  of  Bell  submitted  the  following  report  from  a  min- 
ority of  the  committee. 
Hon.  O.  M.  Roberts,  President  of  the  Convention. 

The  undersigned,  a  minority  of  the  committee  on  Finance,  beg 
leave  to  dissent  from  that  portion  of  the  report  of  the  majority  of 
the  committee  made  to  the  Convention  on  this  morning,  which  re- 
commends the  repeal  of  the  2nd  section  of  the  10th  article  of  the 
constitution. 

It  will  be  observed  that  this  clause  of  the  Constitution  is  the 
very  groundwork  of  the  common  school  system  of  the  State  and, 
in  connection  with  the  other  sections  of  the  10th  article  of  the 
Constitution,  constitutes  the  entire  basis  upon  which  the  whole  sys- 
tem rests. 

The  undersigned  are  of  the  opinion  that  no  necessity  exists,  or  is 
likely  to  occur,  which  requires  this  provision  of  the  organic  law  to 
be  repealed.  And  we  are  very  far  from  admitting  that  we  are  with- 
out resources  to  meet  the  interest  on  the  $500,000  of  State  bonds 
proposed  to  be  issued. 

There  is  yet  due  the  State  on  the  University  lands  heretofore  sold 
and  to  be  paid  before  January  1869,  of  principal  and  interest  $155,- 
938.20.  There  remains  unsold  of  the  University  lands  164,200 
acres.  There  can  be  realized  from  these  lands,  to  be  sold  as  pro- 
posed by  the  committee,  by  January  1869,  $523,600.44.  Then,  add 
the  proceeds  of  the  sales  of  the  135,680  acres  of  land  in  the  Memphis 
El  Paso  Railroad  reserve,  to  be  sold  in  the  same  manner  as  the  Uni- 
versity lands,  at  a  minimum  price  of  two  dollars  per  acre,  and  we 
will  have  the  further  sum  of  $325,758,  making  a  sum  total  of  prin- 


-1 


A  Source  Book  of  the  University  of  Texas  185 

cipal  and  interest  derivable  from  these  sources  up  to  January,  1869, 
of  something  over  one  million  of  dollars,  leaving  untouched  the  one- 
tenth  of  the  revenues  set  aside  by  the  constitution  for  the  support 
of  free  schools. 

CONSTITUTION  OF   1861 

G.  5,  p.  24 

[Article  X,  Education,  contains  the  same  provisions  as  the  Constitution 
of  1845:  there  are  some  slight  differences  in  punctuation.] 

NINTH  LEGISLATURE,  REGULAR  SESSION,  NOVEMBER 
4,  1861,  TO  JANUARY  14,  1862 

MESSAGE  OF  GOVERNOR  F.   R.  LUBBOCK 
Dec.  81,  1861,  Lane,  pp.  32-33 

[Veto  of  an  "Act  making  an  appropriation  for  the  mileage  and  per 
diem  pay  of  the  members  and  officers  of  the  Ninth  legislature."] 

The  second  section  provides  that  for  the  payment  of  the  members 
of  the  legislature  and  the  officers  of  both  houses,  the  treasurer  may 
use  any  funds  in  the  treasury,  belonging  either  to  the  proceeds  of  the 
sales  of  the  University  lands,  the  settlement  of  the  successions  of 
deceased  persons,  escheated  property,  and  the  sinking  fund  on  rail- 
road bonds;  providing,  however,  that  when  any  of  such  funds  shall  be 
used,  the  treasurer  shall  replace  the  amount  so  used,  with  bonds  of 
the  State  for  like  amount,  and  that  each  member  shall  receive  his 
fair  proportion  of  such  funds. 

If  this  act  should  become  a  law  all  the  present  available  funds 
In  the  State  treasury,  of  every  description,  will  at  once  pass  from 
the  vaults  of  the  treasury  into  the  hands  of  the  beneficiaries  under 
this  act. 

While  I  believe  that  the  State  should  pay  to  the  utmost  of  its 
ability  all  its  officers,  both  civil  and  military;  yet  under  the  present 
critical  condition  of  our  beloved  State  and  Confederacy,  I  confess 
I  would  witness,  with  feelings  of  the  deepest  sorrow,  the  last  dollar 
drawn  from  the  treasury,  unless  to  furnish  arms,  ammunition  and 
clothing  to  her  gallant  sons,  who  are  now  so  proudly  vindicating  the 
old  fame  of  the  Texas  soldier. 

The  monies  arising  from  the  sales  of  the  University  lands  were 
Intended  for  a  wise  and  beneficent  object,  and  I  greatly  doubt  the 
wisdom  of  disposing  of  them  for  the  purpose  indicated  in  the  act 
under  consideration,  or  for  any  like  purpose.  The  funds  arising 
from  the  settlement  of  successions  of  deceased  persons  and  escheated 
property  belong  in  all  probability,  to  minors  and  orphans,  who  have 


186  University  of  Texas  Bulletin 

no  legal  protector  or  guardian  to  demand  these  sums  in  their  names. 
I  am  further  informed  by  the  treasurer  in  the  statement  herewith 
submitted,  that  he  has  unofficial  information  that  a  large  portion, 
If  not  all  of  the  last  named  funds  will  probably  be  shortly  demanded 
by  their  right  owners. 

[Veto  sustained  by  a  close  vote.     Lane.] 

[H.  J.  not  found;  not  in  existence?] 

[S.  J.  in  manuscript  volume  22,  office  of  Secretary  of  State.] 

GENERAL  LAWS 
Ch.  81;   p.  55.  G  5;   p.  499 

AN  ACT  to  provide  for  Military  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Governor,  Comptroller,  and  Treasurer,  shall  constitute  a 
military  board;  and  a  majority  of  said  board  shall  have  the  power 
to  provide  for  the  defence  of  the  State  by  means  of  any  bonds  and 
coupons,  which  may  be  in  the  Treasury  on  any  account,  and  may  so 
use  such  funds  or  their  proceeds,  and  therefor,  may  sell,  hypothecate, 
or  barter  such  bonds  and  coupons;  provided  such  disposal  shall  not 
exceed  the  amount  of  one  million  of  dollars  of  such  bonds  and 
coupons;  and  that  they  shall  not  be  disposed  of  at  any  discount 
greater  than  twenty  per  cent  of  their  face  amounts. 

Sec.  2.  And  bonds  which  may  be  disposed  of  under  the  provisions 
of  this  act,  shall  be  substituted  by  equal  amounts  of  any  bonds  of 
the  Confederate  States  of  America,  that  may  be  obtained  by  this 
State,  and  the  bonds  so  substituted,  respectively,  in  all  respects,  shall 
be  in  place  of  the  funds  disposed  of  as  aforesaid. 

Approved,  January  11th,  1862. 

Ch.  86.  p.  56;  G.  5,  p.  500 

AN  ACT  supplementary  to  an  Act,  making  an  appropriation  to  pay 

contingent  expenses  of  the  Ninth  Legislature,   approved  the   9th 

day  of  December,  1861. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texast 
That  the  further  sum  of  fifteen  hundred  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  out  of  any  money  in  the 
Treasury,  not  otherwise  appropriated,  to  pay  the  contingent  expenses 
of  the  Ninth  Legislature. 

Sec.  2.  If  there  is  not  sufficient  specie  in  the  Treasury  of  the 
State  of  Texas,  to  satisfy  the  contingent  fund  appropriated  by  this 
act,  to  which  this  is  a  supplement,  and  the  appropriation  herein 
made  for  that  purpose,  not  otherwise  appropriated,  then  the  Treas- 
urer is  authorized  to  pay  any  drafts  drawn  against  such  contingent 


A  Source  Book  of  the  University  of  Texas  187 

fund,  out  of  the  specie  in  the  Treasury  belonging  to  the  University 
land  sale,  or  out  of  the  fund  belonging  to  escheated  property,  after 
the  fund  belonging  to  the  University  land  sale  may  have  been  ex- 
hausted, to  supply  such  deficiency;  which  money  so  used  shall  be 
replaced  by  the  Treasurer  to  these  respective  funds,  out  of  any 
money  coming  into  the  Treasury,  not  otherwise  appropriated. 
Passed  January  9th,  1862. 

SPECIAL.   LAWS 

Ch.  50,  pp.  23-24;  G.  5,  pp.  545-546 

AN  ACT  for  the  relief  of  the  purchasers  of  University  lands. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  purchasers  of  the  University  lands  shall  have  until  the  first 
of  January,  1864,  or  six  months  after  the  close  of  the  present  war, 
should  it  terminate  before  the  date  named,  or  until  otherwise  pro- 
vided by  law,  to  make  payment  of  the  installments  and  interest  due 
the  University  fund  for  said  lands:  Provided  that  this  act  shall  not 
be  construed  to  prevent  such  persons  as  may  desire  to  do  so,  from 
paying  the  installments,  or  the  interest,  or  the  entire  purchase  money 
due  from  them,  and  provided,  further,  that  the  sureties  of  each 
purchaser  assent,  in  writing,  to  such  extension  of  time,  or  the  prin- 
cipals renew  their  notes,  with  two  or  more  sureties,  to  be  approved 
by  the  Comptroller. 

Approved  January  4th,  1862. 

TENTH  LEGISLATURE,  REGULAR  SESSION,  NOVEMBER 
2  TO  DECEMBER  16,  1863 

PROCEEDINGS  IN  THE  LEGISLATURE 

O.  B.  46.     By  Marshall? 

To  authorize  the  Comptroller  to  receive  bonds  of  the  State  and 
Treasury  warrants  of  the  State  for  University  lands. 
File  90,  office  of  Secretary  of  State. 

[See  Ch.  23,  General  Laws,  Called  and  Adjourned  Sessions  of  the  Eighth 
Legislature.] 

[H.  J.  not  found.     Not  In  existence?] 

[S.  J.  Regular  Session,  in  manuscript,  Volume  22,  Office  of  Secretary  of 
State.     Rest  not  in  existence?] 


188  University  of  Texas  Bulletin 

GENERAL.  LAWS 
Ch.  52,  p.  35,  G.  5,  p.  689 

AN  ACT  for  the  further  relief  of  purchasers  of  University  Lands, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  purchasers  of  University  lands  shall  have  until  the  expiri- 
tion  of  twelve  calendar  months,  from  and  after  the  declaration  of 
peace  between  the  Confederate  States  of  America  and  the  United 
States  of  America,  or  until  otherwise  provided  by  law,  to  make  pay- 
ment of  the  installments  and  interest  due  the  University  fund  for 
said  lands;  Provided,  That  all  such  payments  shall  be  made  in  State 
bonds  and  State  treasury  warrants;  that  this  act  shall  not  be  con- 
strued to  prevent  such  persons,  as  they  may  desire  to  do  so,  from 
paying  the  installments  due,  or  the  interest,  or  the  entire  purchase 
money,  due  from  them;  and  provided  further,  that  the  sureties  of 
each  purchaser  assent,  in  writing,  to  the  extension  of  time  or  the 
principal  renew  their  notes,  with  two  or  more  sureties,  to  be  ap- 
proved by  the  Comptroller. 

Sec.  2.  That  no  forfeiture  shall  accrue  by  reason  of  failure  of  pur- 
chasers to  pay  their  several  debts  due  for  University  lands,  previous 
to  the  expiration  of  the  time  mentioned  in  the  first  section  of  this 
act. 

Sec.  3.  That  the  provisions  of  this  act  shall  apply  to  all  purchasers 
of  University  lands,  as  well  to  those  who  have  paid  in  part  as  to 
those  who  have  failed  to  pay  any  portion  of  their  indebtedness. 

Sec.  4.  That  an  act,  entitled  "An  act  for  the  relief  of  purchasers  of 
University  lands,"  approved  January  4th,  1862,  be  and  the  same  is 
hereby  repealed. 

Approved  December  16th,  1863. 

JOURNAL  OF  THE  RECONSTRUCTION  CONVENTION, 

1866 

MESSAGE  OF  GOVERNOR  A.  J.  HAMJJLTON 

February  10,  1866;   pp.  23-24 

The  debt  created  by  those  who  were  in  authority  in  Texas  during 
the  rebellion,  in  support  of  the  war  against  the  government  of  the 
United  States,  is  not,  in  my  judgment,  such  an  obligation  upon  the 
people  of  Texas  as  will  find  favor  with  any  loyal  citizen,  or  with 
the  government  and  people  of  the  United  States.  To  provide  for  the 
payment  of  this  debt  would  be  equivalent  to  a  justification  of  the 
purposes  for  which  it  was  created.  There  is  one  thought,  in  this 
connection,  which  I  think  it  proper  to  present.  Even  if  the  feelings 
of  the  people  of  Texas  inclined  to  them  to  provide  for  the  payment 


A  Source  Book  of  the  University  of  Texas  ISO 

of  this  debt,  which  I  would  fain  believe  to  be  far  from  the  truth,  It 
would  not  be  just  to  impose  such  a  burthen  upon  loyal  citizens  from 
other  sections  of  the  Union,  which  have  not  been  in  rebellion,  who 
may  come  to  settle  amongst  us,  or  upon  emigrants  from  foreign 
countries,  who  may  be  attracted,  by  the  advantages  which  present 
themselves,  to  seek  homes  within  our  borders. 

I  am  of  opinion  that  a  failure  to  guard  the  people,  by  an  appro- 
priate provision,  against  taxation  for  the  payment  of  this  debt,  would 
be  unsatisfactory  to  them,  and  justly  offensive  to  the  government  of 
the  United  States.  It  may  be  difficult  to  ascertain  accurately  that 
portion  of  the  public  debt  of  the  State  which  was  incurred  in  support 
of  the  war.  I  have  reason  to  believe  that  more  than  three-fourths 
of  the  indebtedness  which  has  accrued  since  the  commencement  of 
the  war  was  created  in  its  support.  As  a  means  of  facilitating  your 
investigations  upon  this  subject,  I  respectfully  refer  you  to  the 
report  of  Ex-Governor  E.  M.  Pease,  and  Swante  Palm,  Esquire,  copies 
of  which  will  be  furnished  to  your  honorable  body. 

In  this  connection  I  feel  it  to  be  my  duty  to  remind  you  that  land 
scrip  to  a  considerable  amount  was  purchased  during  the  progress 
of  the  late  rebellion,  and  paid  for  in  the  paper  money  issued  by  the 
government  of  the  Confederate  States.  Perhaps,  in  some  instances, 
these  payments  for  land  scrip  were  made  in  Treasury  warrants  of 
the  State. 

Payments  were  also  made,  during  the  rebellion,  in  Confederate 
money,  for  portions  of  the  University  lands,  sold  under  a  law  of 
the  State,  enacted  before  the  passage  of  the  ordinance  of  secession. 
The  Commissioner  of  the  Land  Office  and  the  Comptroller  of  Public 
Accounts  can  furnish  such  information  on  these  subjects  as  may  be 
desired  by  your  honorable  body. 

PROCEEDINGS  IN  THE  CONVENTION 

March   14,   1866,  p.   171 

Mr.  Johnson,  Chairman  of  the  committee  on  Public  Lands  made 
the   following  report: 

To  Hon.  D.  C.  Dickson,  President  pro  tern,  of  Convention: 

The  Committee  on  Public  Lands  have  had  under  consideration 
the  report  of  the  Commissioner  of  the  General  Land  Office,  in  rela- 
tion to  the  amount  of  land  patented  and  certificates  issued  by  him 
since  the  1st  day  of  February,  A.  D.  1861,  a  majority  of  whom 
recommend  the  adoption  of  the  accompanying  ordinance,  in  rela- 
tion thereto: 


190  University  of  Texas  Bulletin 

AN    ORDINANCE, 

Validating  and  confirming  certain  acts  of  the  Commissioner  of 
the    General    Land    Office,    and    Commissioner    of   the    Court    of 

Claims. 

Be  it  ordained  by  the  people  of  Texas  in  Convention  assembled, 
That  all  of  the  certificates  issued  for  land,  either  by  the  Commis- 
sioner of  the  Court  of  Claims  or  by  the  Commissioner  of  the 
General  Land  Office,  and  all  patents  issued  by  virtue  of  such  cer- 
tificates since  the  1st  day  of  February,  A.  D.  1861,  in  compliance 
with  laws  passed  by  the  Legislature  of  this  State  since  that  time, 
and  not  in  conflict  with  the  Constitution  of  the  United  States,  be 
and   the   same   are   hereby   validated   and    confirmed. 

Be  it  further  ordained,  That  all  payments  made  by  parties  in- 
debted for  University  lands,  with  State  Treasury  Warrants  and 
Confederate  Notes,  since  the  1st  day  of  February,  A.  D.  1861,  shall 
be  credited  to  the  account  of  the  parties  making  such  payments, 
at  the  fair  market  value  of  such  warrants  or  notes  at  the  time 
such  payments  were  made,  to  be  determined  by  the  Comptroller 
of  the  State;  provided,  that  no  interest  shall  ever  accrue  upon 
any  part  of  said  payments,  and  that  the  parties  shall  be  allowed 
the  same  time  and  terms,  for  completing  said  payments,  that 
were  allowed  at  the  original  sale  of  said  University  lands. 

Read  first  time,   and  passed  to  the  orders   of  the   day. 

March    15,    1866;    pp.    175-176 

Mr.  Lindsey,  one  of  the  committee  on  Public  Lands,  made  the 
following   minority   report: 

Hon.  D.  C.  Dickson,  President  pro  tern,  of  the  Convention: 

A  minority  of  the  committee  on  Public  Lands  dissenting  from 
the  majority  report  of  the  committee  in  relation  to  University 
lands,  recommend  the  adoption  of  the  accompanying  ordinance,  in 
lieu  of  the  second  Section  of  the  ordinance  reported  by  the  ma- 
jority of  said  committee.  It  will  be  borne  in  mind  that  these  pay- 
ments were  made  in  liquidation  of  a  tax  from  the  citizens  of 
the  State,  and  in  strict  compliance  with  rules  prescribed  for  its 
payments  by  the  party  to  which  the  debt  was  due,  both  as  re- 
spects the  character  of  funds  with  which  it  was  paid,  and  the  time 
of  payment.  It  will  be  further  borne  in  mind,  that  these  parties 
were  required  to  pay  this  indebtedness  by  annual  installments,  on 
the  express  condition  that  a  failure  to  make  the  payment  at  the 
time,  and  in  the  manner  prescribed,  would  work  an  immediate 
forfeiture,  not  only  of  the  land  purchased,  but  also  of  all  prior 
payments    that   may   have    been    made    by   the   party   making    such 


A  Source  Book  of  the  University  of  Texas  191 

failure.  With  such  laws  enacted  by  the  party  to  whom  these 
debts  were  due,  under  a  government  in  existence — whether  right- 
fully or  wrongfully  is  immaterial  to  the  issue — with  ample  powers 
to  enforce  forfeiture  in  case  payments  were  not  made  as  pre- 
scribed, those  who  were  indebted  for  those  lands  had  but  the  one 
alternative,  and  that  was  to  pay  according  to  the  law  in  force,  and 
in  the  only  currency  that  was  accessible,  or  forfeit  their  homes, 
and  leave  their  families  without  shelter  or  means  of  support.  For 
these  reasons,  we  believe  great  injustice  will  be  done  those  who 
have  purchased  and  paid  for  their  lands  in  good  faith  by  the  ma- 
jority report,  nor  do  we  believe  that  a  refusal  to  acknowledge 
these  payments  can  now  be  justified,  either  in  a  legal  or  moral 
point  of  view;  we  hope,  therefore,  that  the  following  ordinance 
will  be  adopted,  in  the  place  of  the  2d  Section  of  the  majority 
report: 

Be  it  further  ordained,  That  all  parties  who  have  paid  for  Uni- 
versity lands  since  the  1st  day  of  February,  A.  D.  1861,  with  Con- 
federate Notes,  or  State  Warrants,  shall  be  entitled  to  credits  for 
the  face  value  of  the  Notes  or  Warrants  so  paid,  and  that  all  pat- 
ents issued  for  said  land  during  that  time  be  and  the  same  are 
hereby   validated    and    confirmed. 

J.    M. .  LINDSEY, 
M.  W.  ALLEN, 
J.  M.  HUNT. 

March  23d,  1866;   pp.  274-276 

Mr.  Waul,  one  of  the  Finance  Committee,  made  the  following 
report: 

Hon.  W.  M.  Taylor,  President  pro  tew.,  Convention: 

The  committee  on  Finance,  to  whom  was  referred  the  report 
of  the  committee  on  Education,  have  had  the  same  under  consid- 
eration. 

The  committee  find  that  there  has  been  paid  into  the  Treasury, 
on  account  of  University  lands: 
Specie  on  account,  principal,  and  interest  on  notes.  .  .  .$    37,932.04 

10    per  cent,   interest   bearing   warrants 12.230.39 

Non-interest  bearing  Warrants 10,300.41 

Confederate    Notes     114.S04.48 

Transferred    to    State    Revenue    account 203,901.30 


Amounting  to $379,168.62 


192  University  of  Texas  Bulletin 

Which  has  been  converted  and  expended,  during  the  war,  by  the 
State   authorities.      They   further   state   that: 

5  per  cent.  United  States  Bonds $100,000.00 

Speice   interest  on   same 9,472.26 

Specie   or   coupons,    1    mo.    interest 416.66 

Amounting    to     $109,888.92 

was  transferred  from  the  University  fund  to  the  State  Revenue  ac- 
count in  February,  1860,  under  an  act  of  February  8th,  1860,  and 
should  be  restored  by  the  State  to  said  fund. 

The  committee  recommend  that  the  State  be  released  from  any 
other,  or  further  liability  to  said  funds;  the  various  amounts  hav- 
ing been  lost  in  the  general  destruction  consequent  upon  the  war, 
liable  to  the  same  objections,  and  dependent  upon  the  same  prin- 
ciples governing  the  Convention  in  their  action  upon  the  State  in- 
debtedness  incurred   during  the   war. 

They  recommend  as  a  substitute  for  the  ordinance  referred  to 
them  for  consideration  the  accompanying  ordinance,  and  ask  its 
adoption  by  the  Convention: 

AN    ORDINANCE, 

Securing  the  Common  School  and  University  Funds,  and  for  Other 

Purposes. 

Be  it  ordained,  by  the  people  of  Texas,  in  Convention  assembled, 
That  the  Legislature,  at  its  first  session,  shall  provide  for 
issuing  coupon  bonds  of  the  State  for  the  5  per  cent.  United  States 
bonds,  and  interest  transferred  from  the  University  fund  to  the 
State  Revenue  account,  in  February,  1860,  and  when  issued,  they 
shall  be  placed  in  the  Treasury  to  the  credit  of  said  fund. 

Sec.  3.  Be  it  further  ordained,  That  the  Legislature  of  this  State 
shall  have  no  authority,  and  are  hereby  forbidden  to  assume, 
or  provide  by  taxation,  or  otherwise,  for  the  payment  of  any  other 
claim,  or  pretended  liability  of  the  State,  to  said  funds,  not  enu- 
erated   in   this   ordinance. 

Read   first   time,   and   passed   to   the   orders   of   the   day. 

CONSTITUTION   OF    TEXAS,    1866 

Article  X.     Education.     P.  30.     G.  5,  p.  884 

Sec.  3.  And  all  alternate  sections  of  land  reserved  by  the  State 
out  of  grants  heretofore  made,  or  that  may  hereafter  be  made,  to 
railroad  companies  or  other  corporations  of  any  nature  whatever, 


A  Source  Book  of  the  University  of  Texas  193 

for  internal  improvements,  or  for  the  development  of  the  wealth 
and  resources  of  the  State,  shall  be  set  apart  as  a  part  of  the  per- 
petual school  fund  of  the  State 

Sec.  8.  The  moneys  and  lands  heretofore  granted  to,  or  which 
may  hereafter  be  granted  for  the  endowment  and  support  of  one 
or  more  universities,  shall  constitute  a  special  fund  for  the  main- 
tenance of  said  universities,  and  until  the  university  or  univer- 
sities are  located  and  commenced,  the  principal  and  the  interest 
arising  from  the  investment  of  the  principal,  shall  be  invested  in 
like  manner,  and  under  the  same  restrictions  as  provided  for  the 
investment  and  control  of  the  perpetual  public  school  fund,  in  Sec- 
tions four  and  five  (4  and  5)  in  this  Article  of  the  Constitution, 
and  the  Legislature  shall  have  no  power  to  appropriate  the  uni- 
versity fund  for  any  other  purpose  than  that  of  the  maintenance 
of  said  universities,  and  the  Legislature  shall,  at  an  early  day, 
make  such  provisions,  by  law,  as  will  organize  and  put  into  oper- 
ation the  university. 

ORDINANCES 
Number  2;    pp.  33-34.      G.   5,  pp.  887-888 

Declaring  the  War  Debt  void,  and  for  Other  Purposes. 

Be  it  ordained  by  the  people  of  the  State  of  Texas  in  Convention 
assembled,  That  all  debts  created  by  the  State  of  Texas  in  aid 
of  the  late  war,  directly  or  indirectly,  are  hereby  declared  null 
and  void;  and  the  Legislature  shall  have  no  authority,  and  they 
are  hereby  forbidden  to  ratify  the  same,  or  to  assume  or  provide 
for   the  payment  of  the   same,   or   any  part  thereof. 

Sec.  2.  Be  it  further  ordained,  That  the  Legislature  of  this 
State  shall  have  no  authority,  and  are  hereby  forbidden  to  assume, 
or  make  any  provision  for  the  payment  of  any  portion  of  the 
debts  contracted  or  incurred,  directly  or  indirectly,  by  the  Con- 
federate  States,    or   by  its   agents,    or   by   its   authority. 

Sec.  3.  Be  it  further  ordained,  That  the  Legislature  of  this 
State  shall  have  no  authority,  and  are  hereby  forbidden  to  as- 
sume or  make  any  provision  for  the  payment  of  any  portion  of 
the  debts  contracted  or  incurred,  or  warrants  issued  by  this  State, 
from  the  28th  day  of  January,  1861,  until  the  5th  day  of  August, 
1865,  except  warrants  issued  in  payment  of  services  rendered,  or 
liabilities  incurred,  before  the  said  28th  day  of  January,  1861. 
■    Passed    March    15,    1866. 


13—227 


194  University  of  Texas  Bulletin 

Number  11,  pp.  41-42;   G.  5,  pp.  895*896 

Making   "Valid   the  Laws  and   other   Acts  of   Officers   Therein   Men- 
tioned, and  for  Other  Purposes. 

Section  1.  Be  it  ordained  by  the  Representatives  of  the  people  of 
Texas,  in  Convention  assembled,  That  all  laws  and  parts  of  laws 
enacted  by  the  Legislature  of  this  State  since  the  first  day  of 
February,  1861,  not  in  conflict  with  the  Constitution  and  laws 
of  the  United  States,  nor  with  the  Constitution  of  this  State,  as  it 
existed  prior  to  the  1st  day  of  February,  1861,  and  not  in  conflict 
with  the  Provisional  Governor's  proclamations  opening  the  courts, 
and  authorizing  the  institution  of  suits,  are  declared  to  be  in  full 
force  as  laws  of  this  State;  and  all  the  acts  of  courts,  officers  of 
courts,  and  the  acts  of  the  different  officers  of  the  State,  execu- 
tive, judicial  and  ministerial,  done  in  compliance  with  the  laws  of 
the  State,  and  in  conflict  neither  with  the  Constitution  and  laws 
of  the  United  States,  nor  with  the  Constitution  of  this  State,  as 
it  existed  prior  to  the  1st  day  of  February,  1861,  are  declared  to 
be  valid;  provided  that  nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  render  valid  any  law  of  the  Legislature,  or  the 
acts  of  any  officer,  or  any  judicial  proceeding  declared  void,  or 
annulled  by  this  Convention. 

Passed    March    30,    1866. 

Number  12,  p.  45,  G.  5,  p.  899 

Securing   the   Common    School   and    University  Fund,  and  for  Other 

Purposes. 

Be  it  ordained  by  the  people  of  the  State  of  Texas  in  Conven- 
tion assembled,  That  the  Legislature,  at  its  first  session,  shall 
provide  for  issuing  coupon  bonds  of  the  State  for  the  5  per  cent. 
United  States  bonds  and  interest  transferred  from  ,the  University 
Fund  to  the  State  Revenue  account,  in  February,  1860;  and  when 
issued  they  shall  be  placed  in  the  Treasury  to  the  credit  of  said 
fund. 

Sec.  2.  Be  it  further  ordained,  That  all  5  per  cent.  United 
States  bonds  and  coupons  transferred  from  the  Common  School 
fund  since  the  28th  of  January,  1861,  that  are  in  the  posses- 
sion of,  or  may  be  recovered  by  the  State  shall  be  secured  to  said 
fund;  and  any  portion  of  said  bonds  or  coupons  that  may  be  used 
for  the  payment  of  the  direct  tax  due  the  United  States,  shall  be 
secured  by  coupon  bonds  of  the  State  and  placed  to  the  credit  of 


A  Source  Book  of  the  University  of  Texas  195 

said  fund;  and  the  Legislature  of  the  State  is  hereby  directed  to 
carry  this  section  into  effect. 

Sec.  3.  Be  it  further  ordained,  That  the  Legislature  of  this 
State  shall  have  no  authority,  and  are  hereby  forbidden  to  assume 
or  provide  by  taxation  or  otherwise,  for  the  payment  of  any  other 
claim  of  pretended  liability  of  the  State  to  said  funds,  not  enu- 
merated   in   this   ordinance. 

Passed  April  2,   1866. 

ELEVENTH  LEGISLATURE,  REGULAR  SESSION, 
AUGUST  6  TO  NOVEMBER  13,  1866 

MESSAGE  OF  GOVERNOR  J.  W.   THROCKMORTON 
August   18,    1866;    H.    J.,    pp.    76-77 

University  Fund 

I  invite  your  attention  to  an  ordinance,  which  requires  coupon 
bonds  of  the  State  to  be  placed  to  the  credit  of  the  University 
Fund,  in  lieu  of  the  United  States  Bonds  belonging  to  this  fund 
which  were  transferred  by  an  act  of  the  Legislature  of  January  31, 
1860,  to  State  revenue  account,  and  suggest  the  necessary  action  on 
your  part  to  effect  the  intention  of  the  ordinance.  The  amount 
of  bonds  and  interest  due  at  the  time  of  transfer  was  $109,472.26 
which   will    require   corresponding   amount   of   State   bonds. 

Under  a  law  approved  August  30th,  1856,  the  fifty  leagues  of 
University  lands  were  sectionized,  and  58,523  acres  were  sold,  at 
an  average  price  of  $3.34 J  per  acre.  I  would  invite  your  atten- 
tion to  the  law  referred  to,  and  to  the  report  of  the  commissioner, 
John  Henry  Brown,  in  relation  to  the  sale  of  the  lands.  The  law 
needs  amendments,  and  I  desire  the  Legislature  to  consider  the 
necessity  of  making  further  sales,  from  time  to  time,  as  the  lands 
are  likely  to  command  fair  prices.  It  is  my  opinion  that  the  sales 
of  marketable  quarter  sections,  selling  alternately,  should  be  con- 
tinued. 

There  has  been  paid  into  the  Treasury,  on  account  of  sales  of 
University  lands,  $126,342.90,  and  there  remains  yet  unpaid  as 
principal,  $70,230.92.  The  amount  of  interest  paid  up  to  April 
18,  1865,  was  $48,924.42,  and  the  approximate  interest  due  up 
to  the  year  1878,  is  $55,888.86. 

In  the  event  that  the  sale  of  these  lands  is  continued,  I  would 
suggest  the  propriety  of  investing  the  proceeds  in  interest  bear- 
ing stocks  of  the  State,   or  the   General   Government. 

I  would  ask  your  attention  to  the  apparent  conflict  between  the 
eighth    section    of   the    tenth    article    of    the    Constitution,    and    the 


196  University  of  Texas  Bulletin 

ordinance  in  relation  to  the  School  and  University  funds.  The  first 
would  seem  to  imply  that  the  State  is  liable  to  this  fund  for  all 
moneys  heretofore  set  apart  to  it,  and  subsequently  transferred  to 
other  accounts,  and  replaced  by  Comptroller's  certificates  of  State 
indebtedness.  The  ordinance  prohibits  the  Legislature  from  pro- 
viding "for  the  payment  of  any  claim  or  pretended  liability  of  the 
State    to    said    fund,    not    enumerated"    therein. 

If  the  latter  prevails,  the  $10,300.41  of  Comptroller's  certifi- 
cate of  indebtedness  deposited  to  credit  of  University  fund,  and 
the  $12,230.39  ten  per  cent.  State  warrants,  must  be  concelled,  and 
your  honorable  body  should  so  direct. 

PROCEEDINGS   IN   THE  LEGISLATURE 

H.  B. — By  Mr.  Diamond. 

To  grant  relief  to  purchasers  of  University  lands. 

Became  a  law.  H.  J.  pp.  156,  160,  176,  330,  379;  S.  J.  pp,  241, 
270,    363.  ' 

H.  B.  — .     By  Mr.  Reeves. 

To  amend  an  act  which  authorizes  the  disposition  and  sale  of 
the  University  lands,   approved   Aug.    30,    1856. 

Became  a  law.     H.  J.  pp.  164,  168,  273,  284,  311,  803,  850;  S.  J. 
pp.  189,  281,  449,  476,  492,  493,  509,  531,  622. 
H.   B. — By  Committee  on  Education. 

To  supplement  an  act  which  authorizes  the  disposition  and  sale 
of  University  lands. 

Became  a  law.     H.  J.  pp.  533,  926;  S.  J.  pp.  351,  451. 
H.    B. — >By   Mr.    Munson,    from   the   Committee   on    Finance. 

To  carry  into  effect  an  ordinance  of  the  1866  Convention  secur- 
ing the  Common  School  and  University  fund  and  for  other  pur- 
poses. 

Became  a  law.     H.  J.  pp.  732,  762,  786,  927;  S.  J.  pp.  515,  524, 
567,  624. 
H.   B. — By   Mr.   Doom. 

To   amend  the  act   establishing  the   University  of  Texas. 

Became  a  law.     H.  J.  pp.  782,  828,  889,  893,  902,  931,  932;   S.  J. 
pp.  556,  604,  607,  615. 
H.   B. — By  Mr.   Munson. 

To  appropriate  for  the  support  of  the  State  Government  for  the 
years  1867. and  1868. 

H.  J.  pp.  910,  914,  937;  S.  J.  pp.  617,  619,  628. 
H.  J.   R.   21 — By  Mr.  Doom. 

To  establish  and  endow  the  East  Texas  University. 

Became  a  law.     H.  J.  pp.  319,  464,  799,  931;  S.  J.  p.  636. 


A  Source  Booh  of  the  University  of  Texas  197 

H.  J.  R.  22.     By  Mr.  Doom. 

To  appoint  a  committee  of  five  each  from  the  House  and  Senate 
to  attend  the  annual  examinations  at  the  State  University  and  re- 
port   back   at   an   early   date. 

Referred — H.  J.  pp.  740,  773-774. 
H.   J.   R.,    23 — By  Mr.   Jones  of  Titus. 

To  require  the  Governor  to  appoint  eight  administrators  by  and 
with  the  consent  of  the  Senate,  who,  with  the  Governor  and  Chief 
Justice  of  the  Supreme  Court,  shall  constitute  a  Board  of  Admin- 
istrators of  the  University  of  Texas,  as  provided  for  in  section 
3d  of  the  act  of  February  11,  1858,  and  to  require  them  to  select 
a  suitable  site  for  the  University,  to  carry  into  effect  the  provis- 
ions of  the  act  providing  for  the  establishment  of  the  University 
of  the  State  of  Texas. 

Became  a  law.     H.  J.  pp.  750,  774,  925,  931,  937. 
H.  J.  R.  — .     By  — . 

To  require  the  Governor  and  the  President  of  the  Board  of  Ad- 
ministrators to  report  to  the  Legislature  the  condition  of  the  State 
University. 

[Not  found  in  Journals.] 

October  31,   1866;   H.  J.,  pp.   773-774 

Mr.  Hallonquist  made  the  following  report: 

The  Committee  on  Education,  have  had  under  consideration 
a  joint  resolution  requiring  His  Excellency  the  Governor  of  the 
State  of  Texas,  and  President  of  the  Board  of  Administrators  of 
the  State  University,  to  report  to  the  Legislature  now  in  session 
the    condition    of   said    State    University,    as    required    by    law. 

Also,  a  joint  resolution  authorizing  the  appointment  of  a  com- 
mittee of  five  on  the  part  of  the  House,  and  a  like  committee  on 
part  of  the  Senate,  to  attend  the  annual  examination  of  the  Stata 
University,  and  report  to  the  Legislature  of  the  State  of  Texas 
now  in  session,  at  as  early  a  day  as  possible,  and  instruct  me  to 
report  as  follows: 

The  unfortunate  condition  of  the  country  for  the  last  six  years, 
with  all  her  energies  and  resources  directed  to  the  success  of  the 
cause  in  which  she  had  embarked,  has  prevented  the  inception  of 
any  steps  that  tend  to  the  erection  or  even  the  location  of  the 
University,  consequently  the  necessity  of  the  inquiry  is  obviated 
as  is  required  in  the  first  resolution. 

In  relation  to  the  latter,  the  committee  state  that  a  bill  creating 
and  establishing  the  University  of  the  State  of  Texas,  emanating 
from  the  committee,  is  now  on  the  Speaker's  table,  which  in  an 
article   embraces  the   essential   purposes  of   the   resolution   referred 


198  University  of  Texas  Bulletin 

to,  but  believing  the  location  of  the  University  to  be  the  first 
object  obtained,  submit  the  accompanying  joint  resolution  to  the 
House. 

[See  pp.  203-204  for  this  H.  J.  R.] 
S.  J.  R.     By  Mr.  Randolph. 

To  provide  for  the  construction  and  location  of  the  University 
of  Texas. 

S.  J.  pp.  71,  556,  604,  605,  607,  610,  615,  633,  637;  H.  J.  pp. 
740,  750,  773,  774,  931. 

GENERAL.    LAWS 

Ch.  43,  pp.  37-38;  G.  5,  pp.  955-956 

AN  ACT  granting  relief  to  purchasers  of  University  Lands. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  all  purchasers  of  University  lands  shall  have  until  the 
first  day  of  January,  eighteen  hundred  and  sixty-nine,  to  make 
payment  of  the  interest  due  the  University  fund  for  said  land. 

Sec.  2.  That  no  forfeiture  shall  accrue  by  reason  of  the  failure 
of  purchasers  to  pay  the  interest  due  said  fund,  previous  to  the 
time  mentioned  in  the  1st  section  of  this  Act;  and  that  this  Act 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved   October   20,    18  66. 

Ch.  95,  pp.  93-94;   G.  5,  pp.   1011-1012 

AN  ACT  to  amend  an  Act  entitled  "An  Act  authorizing  the  dispo- 
sition and  sale  of  the  University  Lands,"  approved  August  30th, 
1856. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  third  section  of  the  above  recited  Act  shall  here- 
after  read  as  follows: 

"Sec.  3.  After  said  map  and  field  notes  shall  have  been  made 
and  returned  to  the  General  Land  Office,  as  hereinbefore  provided 
for,  it  shall  be  the  duty  of  the  Governor  to  cause  to  be  sold,  from 
time  to  time,  any  of  said  land,  in  such  quantities,  not  to  exceed 
three  hundred  and  twenty  acres,  but  may  authorize  the  sale  of  the 
same  in  such  less  bodies  or  tracts  as  he  may  deem  proper,  and  at 
such  times  as  he  may  direct,  at  public  auction,  to  the  highest  bid- 
der, at  the  county  seat  of  the  county  in  which  the  same  may  be 
situated;  Provided,  Such  sale,  and  the  terms  thereof,  shall  first 
have  been  advertised,  for  sixty  days,  in  two  newspapers,  published 
nearest  to  the  county  in  which  the  land  is  situated,  also  in  at  least 
three    public    places    in    said    county,    and    (in)    at    least    one    paper 


A  Source  Book  of  the  University  of  'Texas  199 

/ 
at   the   seat   of    government;    Provided,   also,    That    such   lands   shall 

not   be  sold   for  a   less   price   than   three   dollars,   specie,    per   acre; 

Provided,    that    the    land    shall    only    be    sold    in    regular    subdivision 

of    one-half,    one-quarter,    and    one-eighth    of    sections.' 

Approved,   November   6,    1866. 

Ch.  148;   pp.   185-187..    G.  5,  pp.  1103-1105 

AN  ACT  amendatory  of  an  Act  to  establish  the  University  of  Texas, 
approved  February   11,   1858. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  section  1st  is  hereby  amended  so  as  to  read  as  follows:  That 
there  is  hereby  established  within  this  State  an  institution  of  learn- 
ing to  be  styled  "The  University  of  Texas,"  to  be  located  at  such 
place  as  the  administrators  shall  select,  and  in  such  manner  as  may 
hereinafter  be  determined. 

Sec.  2.  That  section  2d  is  hereby  amended  as  follows:  The  sum 
of  one  hundred  and  nine  thousand  four  hundred  and  seventy-two 
dollars  and  twenty-six  cents,  which  was  transferred  from  the  Uni- 
versity account  to  the  State  revenue  account,  under  the  provisions  of 
an  Act  passed  January  3d,  1860,  be,  and  the  same  is  hereby  required 
to  be  again  placed  to  the  credit  of  the  University  fund,  in  conformity 
with  Section  1  of  an  ordinance  of  the  late  Convention,  securing  the 
Common  School  and  University  Fund,  and,  for  other  purposes;  and 
it  is  hereby  made  the  duty  of  the  Comptroller  to  execute  a  State 
bond  for  that  sum,  bearing  interest  at  the  rate  of  five  per  cent,  per 
annum,  and  when  executed,  the  same  is  hereby  set  apart  and  ap- 
propriated to  the  establishment  and  maintenance  of  the  same.  One- 
half  of  the  proceeds  of  the  fifty  leagues  of  land,  which,  by  the  .Act 
of  January  26th(  1839,  entitled  "An  Act  appropriating  certain  lands 
for  the  establishment  of  a  general  system  of  education,"  were  set 
apart  and  appropriated  for  the  establishment  and  endowment  of  two 
Colleges  or  Universities  are  hereby  set  apart  and  appropriated  to 
the  establishment  and  maintenance  of  the  University  of  Texas,  the 
remainder  to  be  reserved  for  the  benefit  of  a  similar  University, 
which,  at  some  future  time,  may  be  necessary  to  be  established  in  a 
different  portion  of  the  State. 

Sec.  3.  That  section  4th  is  hereby  amended  as  follows:  The 
following  branches  of  learning  shall  be  taught  at  the  University, 
viz.:  Ancient  and  Modern  Languages:  the  different  branches  of 
Mathematics,  pure  and  physical;  Natural  Philosophy;  Chemistry, 
Mineralogy  and  Geology;  the  science  and  art  of  Agriculture,  Botany, 
Surgery  and  Medicine,  including  Medical  Jurisprudence;  Zo<  : 
History,  Ethics,  Rhetoric,  and  Belles-Letters;  the  principles  of  Gov- 
ernment; Political  Economy;  Natural,  international  and  Municipal 
Law:  Civil  and  Military  Engineering  and  Mechanics;  and  a  system  of 


200  University   of  Texas  Bulletin 

normal  schools  shall  be  added  thereto.  There  shall  also  be  a  course 
of  instruction  delivered  on  the  science  and  art  of  War,  in  order  to 
qualify  the  students  to  perform  efficiently  their  duty  in  the  militia — 
to  enable  them  to  read  understanding^  the  great  battles  of  the 
world,  which  have  decided  the  fate  of  empires,  and  influenced  the 
progress  of  civilization  of  nations. 

Sec.  4.  Section  6th  is  amended  as  follows:  The  administrators 
shall  have  the  power  to  appoint  and  fix  the  salaries  of  the  Chancellor, 
professors,  instructors  and  officers  of  the  University,  and  prescribe 
the  course  of  instruction  and  discipline  to  be  used  in  the  same.  They 
shall  meet  at  least  once  in  every  year  for  the  transaction  of  business, 
and  shall  keep  a  record  of  their  proceedings.  Five  of  the  admin- 
istrators, with  the  Governor  of  the  State,  or  the  Chief  Justice,  law- 
fully convened,  shall  constitute  a  quorum;  they  shall  have  a  Secre- 
tary, to  be  elected  by  them,  and  shall  have  power  to  make  all  regu- 
lations which  to  them  shall  seem  expedient  for  carrying  into  effect 
the  designs  contemplated  by  the  establishment  of  the  University,  not 
Inconsistent  with  the  Law  of  the  State. 

Sec.  5.  Section  9th  is  hereby  amended  as  follows:  Instruction 
at  the  University  shall  be  free,  and  no  preliminary  examination  as  to 
the  proficiency  shall  be  required,  except  for  the  establishment  of  a 
reputable  moral  character,  to  entitle  any  person  to  all  the  benefits 
of  instruction  in  the  University;  nor  shall  any  student  be  required  to 
pursue  any  branch  of  study  contrary  to  the  wishes  of  his  parents  or 
guardians,  expressed  in  writing.  / 

Sec.  6.  Section  10th  is  hereby  amended  as  follows:  A  committee 
of  five  on  the  part  of  the  House,  and  three  on  the  part  of  the  Senate, 
shall  be  appointed  by  the  Legislature,  at  each  session",  to  attend  the 
annual  examinations  of  the  students  of  the  University,  and  report 
to  the  Legislature  thereon. 

Sec.  7.  Section  13th  is  hereby  amended  as  follows:  So  soon  as 
the  location  of  the  University  is  determined  upon,  it  shall  be  the  duty 
of  the  administrators  to  proceed  to  the  construction  of  the  necessary 
buildings,  and  for  that  purpose  shall  procure  the  services  of  a  com- 
petent architect,  who  shall  superintend  the  work;  such  plan  and 
design  shall  embrace  rooms  to  serve  as  cabinets,  museums,  lecture 
rooms,  and  a  public  academical  hall,  as  shall  not  be  inconsistent  with 
the  addition  of  wings  and  other  structures  hereafter,  without  marring 
the  architectural  beauty  and  fitness  of  the  whole.  The  contracts 
for  the  buildings  shall  require  the  performance  of  the  work,  under 
ample  security  for  its  fitness  and  faithfulness.  Nothing  in  this  sec- 
tion shall  authorize  the  employment  of  the  funds  of  the  University, 
in  the  erection  of  houses  for  officers  of  the  University  or  dormi- 
tories for  students. 

Approved  November  12,   1866. 


A  Source  Book  of  the  University  of  Texas  201 

Chapter    152;    pp.    191-192.      G.    5,    pp.    1109-1110 

AN  ACT  supplementary  to  an  Act  authorizing  the  disposition  and 
sale  of  the  University  lands,  approved  August  30,  185  6. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Commissioner  of  the  General  Land  Office,  be,  and  he  is 
hereby  prohibited  from  issuing  patents  upon  locations  made  upon 
portions  of  land  cut  off,  and  left  out  of  the  leagues  originally  sur- 
veyed as  University  Lands,  upon  the  re-surveys  made  in  sub-dividing 
and  sectionizing  said  original  Leagues. 

Sec.  2.  That  the  portions  of  the  said  original  University  Leagues, 
cut  off  and  left  out  upon  the  re-surveys  of  said  leagues,  are  declared 
to  be  a  part  of  the  University  Lands,  and  shall  be  divided  and  sold 
as  other  University  Lands,  in  acordance  with  the  provisions  of  said 
Act  to  which  this  is  supplementary. 

Sec.  3.  That  in  cases  where,  from  the  re-surveys  of  the  original 
University  Leagues,  the  same  are  found  to  be  in  conflict  with  the 
older  surveys,  made  by  virtue  of  valid  certificates,  the  Commissionej 
of  the  General  Land  Office  is  authorized  to  have  the  conflicting  sec- 
tions re-surveyed,  so  as  to  leave  off  the  conflict;  and  when  the  said 
conflicting  tracts  have  been  sold,  without  regard  to  such  conflict,  the 
Treasurer  of  the  State  is  authorized  to  deduct  from  the  amount  o! 
the  notes  executed  for  the  purchase  money,  the  amount  due  for  the 
land  in  conflict  with  older  surveys,  and  which  may  be  left  off  by 
the  re-surveys  authorized  herein. 

Sec.  4.  The  sum  of  eight  hundred  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  to  pay  for  the  sur- 
veying authorized  by  this  Act,  and  also  to  pay  for  the  surveying 
of  the  University  Lands,  which  have  not  heretofore  been  divided  and 
sectionized,  to  be  paid  out  of  any  moneys  in  the  Treasury  belonging 
to  the  University  fund;  Provided,  that  no  money  shall  be  paid  for 
the  surveying  until  the  Commissioner  of  the  General  Land  Office 
shall  have  examined  the  work  and  approved  the  same,  and  en- 
dorsed his  approval  upon  the  account. 

Sec.  5.  The  sum  of  one  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the 
Treasury  belonging  to  the  University  fund,  to  pay  for  the  services 
of  such  agents  as  the  Governor  may  appoint,  to  conduct  the  sales 
authorized  to  be  made  by  this  Act,  and  the  Act  to  which  this  is 
supplementary;  and  also  to  pay  for  the  advertising  of  such  sales; 
Provided,  the  accounts  of  such  agents  shall  state  the  number  of 
days  each  agent  may  have  been  actually  employed  in  discharging  the 
duties  of  his  appointment,  be  sworn  to  by  such  agent,  and  approved 
by  the  Governor. 


202  University  of  Texas  Bulletin 

Sec.  6.  The  lands  authorized  to  be  sold  by  this  Act,  and  the 
aforesaid  Act  to  which  this  is  supplementary,  shall  not  be  sold  for 
a  less  price  than  three  dollars,  specie,  or  its  equivalent  in  currency, 
per  acre. 

Approved  November  12,  1866. 

Ch.  167;  p.  208..  G.  5,  p.  1126 

AN  ACT  for  the  purpose  of  carrying  into  effect  an  Ordinance  of  the 

late  Convention,  securing  the  Common  School  and  University  fund, 

and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Governor  of  the  State  shall  cause  to  be  executed  the  bonds 
of  the  State,  to  the  amount  of  one  hundred  and  thirty-four  thousand 
four  hundred  and  seventy-two  dollars  and  twenty-six  cents,  specie,  in 
sums  of  one  thousand  dollars  each,  and  one  for  the  fractional  amount 
of  $472.26,  redeemable  in  twelve  years,  and  bearing  interest  at 
the  rate  of  five  per  cent,  per  annum,  in  specie,  payable  semi- 
annually, on  the  first  day  of  January  and  July  of  each  year,  upon  pre- 
sentation of  the  coupons  therefor,  to  be  attached  to  said  bonds. 
The  said  bonds  shall  be  signed  by  the  Governor  and  Treasurer,  and 
shall  be  registered  by  the  Comptroller,  who  shall  certify  such  regis- 
tration on  the  back  of  such  bonds;  and  the  coupons  shall  be  signed 
by  the  Treasurer.  The  said  bonds  and  coupons  shall  be  payable  at 
the  State  Treasury,  in  the  city  of  Austin,  and  when  issued  shall  be 
placed  in  the  State  Treasury,  to  the  credit  of  the  University  fund,  in 
reimbursement  of  the  United  States  bonds,  and  interest  transferred 
from  that  fund  to  the  State  revenue  account,  in  February,  1860. 

Approved  November  12,  1866. 

[This  was  ilone.  No  provision  was  made  for  the  interest.  These  bonds 
were  classified  as  of  doubtful  validity  by  several  Comptrollers,  but  were 
eventually,  in  1S83.  paid.      See  Eighteenth  Legislature.] 

Ch.   165;    p.  218.      G.  5,  p.   1136 

AN  ACT  making  appropriation  for  the  support  of  the  State  Govern- 
ment for  the  years  1867  and  1868. 

For  expenses  of  sale  of  University  lands  to  be  paid  from 

the  proceeds  of  sale $1,500 

For  expenses  of  Administrators  locating  State  Uni- 
versity   5  00 

Approved  November  13th,  18  66. 


A  Source  Book  of  th<   University  of  Texas  203 

Joint  Resolution  Number  21;    p.  271.      G.  5,  p.    1189 

In  relation  to  the  location  of  the  [East  Texas]  State  University 

Whereas,  by  a  recent  act  of  the  Eleventh  Legislature  of  the  State 
of  Texas,  twenty-five  leagues  of  land  were  reserved  for  the  estab- 
lishment and  endowment  of  another  University,  contradistinguished 
from  the  "University  of  the  State  of  Texas;"  and  Whereas,  the  in- 
creasing population  of  the  State,  its  vast  extent,  and  the  absence  of 
the  necessary  facilities  of  travel,  render  it  important  that  this  Univer- 
sity be  located;   Therefore, 

Be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  1st,  that 
A.  M.  Perkins,  of  Jasper  County,  J.  H.  Starr,  of  Nacogdoches  county, 
James  Grayham,  of  Lamar  county,  Mont.  Hall,  of  Harrison  county, 
L.  L.  Camp,  of  Upsher  county,  D.  W.  Jones  of  Titus  county,  W.  B. 
Dashiel,  of  Kaufman  county,  W.  K.  Marshall,  of  Rusk  county,  J.  K. 
Bumpass,  of  Collin  county,  Dr.  Cooper,  of  Panola  county,  Wm. 
Moore,  of  Bowie  county,  M.  H.  Bonner,  of  Cherokee  county,  J.  M. 
Perry,  of  Anderson  county,  and  J.  ('.  Hardin,  of  Smith  county,  be 
and  the  same  are  hereby  created  a  Board  of  Administrators  of  said 
University. 

2d.  That  the  Board  so  appointed  shall  hold  office  for  a  period 
of  four  years,  and  shall,  as  soon  as  practicable,  select  a  suitable  site 
for  the  location  of  the  University,  in  a  different  section  of  the  State 
from  the  situation  of  "The  University  of  the  State  of  Texas." 

3d.  That  the  sum  of  twenty-five  hundred  dollars,  or  as  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropriated 
from  the  University  funds,  and  set  apart  for  defraying  the  necessary 
expenses  of  said  board,  while  in  the  discharge  of  their  official 
duties,  five  dollars  per  day  being  the  maximum  allowed  each  mem- 
ber while  on  duty. 

4th.  This  University,  so  located,  shall  be  known  and  designated 
as  the  "East  Texas  University." 

Approved  November  13,  18  66. 

Joint  Resolution  Number  23;  p.  272.    (i.  5,  p.  1190 

Section  1.  Br  it  resolved  by  the  Legislature  of  tin-  State  of  Texas, 
That  his  Excellency  the  Governor  be  and  he  is  hereby  requested  to 
appoint  eight  administrators,  by  and  with  the  consent  of  tbe  Sen- 
ate, who,  with  the  Governor  and  Chief  Justice  of  the  Supreme 
Court,  shall  constitute  a  Board  of  Administrators  of  the  University 
of  Texas,  as  provided  for  in  Section  3d  of  the  Act  of  February  11th, 
1858. 


204  University  of  Texas  Bulletin  * 

Sec.  2.  That  the  administrators  of  the  University  shall,  at  as 
early  a  time  as  practicable,  after  their  appointment,  select  a  suitable 
site  for  the  University,  and  take  such  other  steps  as  by  law  they 
may  be  empowered  to  do,  to  esfablish  and  carry  into  effect  the  pro- 
visions of  the  act  providing  for  the  establishment  of  the  University 
of  the  State  of  Texas. 

Sec.  3.  That  the  sum  of  twenty-five  hundred  hollars,  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropriated 
to  defray  to  expenses  of  the  administrators  in  locating  said  Uni- 
versity, the  same  to  be  expended  under  the  direction  of  the  Gov- 
ernor, and  to  be  taken  from  the  University  fund. 

Approved  November   13,  1866. 

[In  accordance  with  the  Resolution  on  Jan.  5,  1867,  Chas.  T.  West.  Geo. 
B.  Erath,  Henry  F.  Gillette,  Wm.  G.  Webb,  Robert  Becken,  P.  W.  Kittrell, 
G.  Schleicher,  and  Wh.  S.  Glass,  were  appointed  as  administrators.  Messrs. 
Becken  and  Glass  refused  to  accept  and  on  Feb.  2,  1867,  I.  W.  Ferris  and 
F.  S.  Stockdale  were  appointed  in  place  of  them.  Those  who  accepted 
qualified  on  or  before  Feb.  16.  1867.  M.  W.  Allen  was  appointed  on  Jan.  5, 
18.67,  agent  for  the  sale  of  the  University  land.  Register  of  State  and 
County  officers,  1866-70,  No.  263,  State  Department.  See  also  Lane,  p  250, 
and  p.  35.] 

JOURNAL  OF  THE  RECONSTRUCTION  CONVENTION, 
FIRST  SESSION,  1868 

MESSAGE  OP  GOVERNOR  E.  M.  PEASE 
June  3,  1868;   p.  14.  p.  16 


That  you  will  declare  the  pretended  act  of  secession  and  all 
laws  that  have  been  enacted,  in  aid  of  the  late  rebellion,  or  repug- 
nant to  the  constitution  and  laws  of  the  United  States,  are  and 
were  null  and  void  from  their  inception;  and  that  you  will  at  once 
repeal  all  laws  that  make  any  discrimination  against  persons  on 
account  of  their  color,  race  or  previous  condition. 
****** 

The  officers  of  the  government  at  this  place  are  prepared  to 
furnish  your  honorable  body  with  such  reports  as  will  give  you 
full  and  accurate  information  in  regard  to  the  state  of  the  treasury 
at  the  commencement  of  the  rebellion,  during  the  progress  and  at 
the  present  time;  the  condition  of  the  School  fund  and  the  University 
fund,  and  the  amount  of  each  diverted  to  the  support  of  the  rebel- 
lion; the  sales  of  Land  Scrip  that  were  made  during  the  rebellion, 
and  all  other  information  to  be  found  in  the  public  records  that 
may  be  useful  to  you  in  the  discharge  of  your  duties. 


A  Source  Book  of  th    University  of  Texas  205 

The  amount  of  money  in  the  State  treasury  on  the  thirty-first  of 
May  18 OS.  applicable  to  the  ordinary  expenditures  of  the  govern- 
ment, is  $203,079.69  of  which  $202,884.35  are  in  United  States  cur- 
rency, and  $194.34  in'specie.  This  is  exclusive  of  the  amount  stand- 
ing to  the  credit  of  the  School,  University  and  other  trust  funds,  it 
is  believed  that  this  money,  with  that  which  will  be  received  from 
time  to  time  under  the  present  tax  laws,  will  be  sufficient  to  meet  all 
the  expenditures  of  the  government,  and  pay  the  expenses  of  your 
honorable  body,  unless  they  should  be  greater  than  is  anticipated, 
without  imposing  the  additional  tax  contemplated  by  the  supple- 
mental reconstruction  law  of  the  twenty-third  of  March,  1867. 

July    15,    1868;    p.    3J>7 

Mr.  Sumner  offered  the  following  resolution,  and  asked  its  ref- 
erence to  the  Committee  on  Education: 

Be  it  resolved,  That  the  following  shall  be  a  section  of  the  Con- 
stitution. 

ARTICLE   — . 

Section  — .  All  the  public  university  lands  in  the  State  of  Texas 
that  have  not  heretofore  been  disposed  of  shall  be  and  are  hereby 
turned  over  to  the  common  School  Fund.  And  it  shall  be  the  duty 
of  the  Legislature  to  pass  such  laws  as  shall  provide  for  free 
schools  in  every  neighborhood,  in  each  county  of  this  State;  pro- 
vided, there  shall  no  neighborhood  be  entitled  to  a  free  school  with 
less  than  twenty  pupils. 

Referred  to  the  Committee  on  Education. 

Communication    from    E.    M.    AVheelock,    Superintendent    of    Public 

Instruction    to    Governor    E.    M.    Pease.      Dated 

May  30,   1858;   June  11,   1868; 

pp    71-72 

It  seems  to  have  been  a  cherished  design  of  the  people  of  Texas 
to  establish  an  institution  for  the  instruction  of  youth  in  the  higher 
branches  of  learning;  and  by  generous  grants  to  so  endow  the  same 
as  to  place  within  the  reach  of  rich  and  poor  the  privilege  of  a 
liberal  and  thorough  education.  The  President  of  the  Republic  was 
ordered,  in  1839,  to  set  apart  221,400  acres  for  this  purpose.  In 
1856  one  hundred  thousand  dollars  in  United  States  bonds  and  "n.- 
tenth  of  the  railroad  lands  were  also  appropriated  "for  the  estab- 
lishment and  maintenance  of  the  University  of  Texas,"  and  the 
lands  were  offered  for  sale  on  a  credit  for  twenty  years.  The  grant 
was  ample;  the  lands  were  choice,  and  large  amounts  were  readily 
Bold  at  an  average  price  of  three  dollars  and  thirty-four  cents  per 


206  University  of  Texas  Bulletin 

acre.  Of  this  fund  $379,168  was  destroyed  during  the  civil  war  by 
the  State  authorities;  and  it  is  understood  that  considerable  sums, 
the  proceeds  of  the  land  sales,  were  paid  in  Confederate  money. 

The  amount  of  the  University  fund  now  in  the  treasury  is  $134,- 
47  2  in  State  paper.  No  practical  steps  have  yet  been  taken  toward 
the  location  and  establishment  of  this  institution.  But  when  once 
our  State  is  dotted  with  common  schools  in  full  operation,  for  the 
education  of  the  children  of  the  people,  these  will  naturally  require 
to  be  supplemented  by  High,  graded  and  Normal  Schools,  adapted 
to  pupils  of  a  larger  growth,  and  these  again  crowned  by  a  Uni- 
versity. 

A  State  University  is  indeed  a  logical  necessity  and  outgrowth 
of  the  free  school  system,  the  head  of  the  grand  line  of  forces  by 
which  we  would  draw  the  whole  people  up  to  light  and  knowledge. 

CONSTITUTION   OF   TEXAS.      1869 

Article  XII,  Sec.  34,  p.  33;  G.  7,  p.  425 

Sec.  34.  All  debts  created  by  the  so-called  State  of  Texas,  from 
and  after  the  28th  day  of  January,  A.  D.  1861,  and  prior  to  the  5th 
day  of  August,  1865,  were,  and  are  null  and  void;  and  the  Legislature 
Is  prohibited  from  making  any  provision  for  the  acknowledgement 
or  payment  of  such  debts.  All  unpaid  balances,  whether  of  sal- 
ary, per  diem,  or  monthly  allowance,  due  to  employes  of  the  State, 
who  were  in  the  service  thereof,  on  the  said  28th  day  of  January, 
18  61,  civil  or  miltary,  and  who  gave  their  aid,  countenance  or  sup- 
port, to  the  rebellion  then  inaugurated  against  the  government  of  the 
United  States,  or  turned  their  arms  against  the  said  government, 
thereby  forfeited  the  sums  severally  due  to  them.  All  the  ten 
per  cent,  warrants  issued  for  military  services,  and  exchanged 
during  the  rebellion,  at  the  Treasury,  for  non-interest  warrants, 
are  hereby  declared  to  have  been  fully  paid  and  discharged;  pro- 
vided, that  any  loyal  person,  or  his  or  her  heirs  or  legal  repre- 
sentatives, may,  by  proper  legal  proceedings,  to  be  commenced 
within  two  years  after  the  acceptance  of  this  Constitution  by  the 
Congress  of  the  United  States,  show  proof  in  avoidance  of  any  con- 
tract made,  or  revise  or  anual  any  decree  or  judgment  rendered, 
since  the  said  28th  day  of  January,  1861,  when,  through  fraud 
practiced,  or  threats  of  violence  used  towards  such  persons,  no 
adequate  consideration  for  the  contract  has  been  received;  or 
when,  through  absence  from  the  State  of  such  person,  or  through 
political  prejudice  against  such  person,  the  decision  complained  of 
was  not  fair  nor  impartial. 

[Affected  repayments  by  the  State  to  the  Permanent  Fund.] 


A  Source  Book  of  the  University  of  Texas  207 

TWELFTH  LEGISLATURE,  CALLED  SESSION,  APRIL  26 
TO  AUGUST  15,  1870 

MESSAGE  OF   GOVERNOR  E.   J.   DAVIS 
April  29,  1870;   H.  J.,  pp.  21,  30;   S.  J.,  pp.  17,  26 


In  addition  to  the  above,  the  University  fund  and  lands  may,  I 
suppose  properly  be  considered  as  part  of  the  Common  School 
fund,  though  not  directly  included  therein  by  the  constitution.  In 
regard  to  that  part  of  the  school  fund  in  the  possession  of  the 
railroads,  it  will  be  recollected  that,  by  the  act  of  the  thirteenth 
of  August,  1856,  under  which  this  fund  was  loaned  to  the  roads, 
It  was  provided  that  the  Governor  should  cause  a  sale  to  be  made 
of  the  roads  failing  to  pay  any  installment  of  the  interest  due 
on  their  bonds,  or  of  the  two  per  cent,  sinking  fund.  No  part  of 
the  sinking  fund  has  been  paid  by  any  road  since  1860,  and  of 
interest  the  only  payments  made  since  that  date  are  by  the  H.  & 
T.  C.  R.  R.,  $38,280,  in  the  years  1866  and  1867,  and  by  the  B. 
B.  B.  and  C.  R.  R.,  $6,120,  in  1867.  This  condition  of  affairs  would 
warrant  a  sale  at  once  for  the  benefit  of  the  School  Fund  of  all 
the  roads  indebted  to  it;  but  it  is  suggested,  in  view  of  the  dis- 
turbed state  of  the  country  during  this  period,  that  these  roads  be 
relieved  of  the  forfeiture  legally  resulting  from  their  default,  on 
payment  of  the  interest  now  due,  and  of  regular  payment  hereafter 
of  interest  and  sinking  fund  coming  due.  If  this  suggestion  is  not 
adopted  by  your  body,  I  will  proceed  to  sell  in  accordance  with  the 
above  cited  act 

It  will  be  noticed  that  in  the  Comptroller's  report  of  assets 
the  accounts  bear  from  year  to  year  the  items  *  "Special  School 
Fund,"  $79,409.50,  "University  Land  Sale,"  $10,300.41,  and  "6 
per  cent  manuscript  State  bonds"  for  School  Fund,  $320,367.13. 
These  items  represent  State  warrants  or  State  bonds  issued  during 
the  war,  and  representing  obligations  which  are  now  void,  should 
no  longer  be  borne  on  the  Comptroller's  reports.  But  the  Comp- 
troller considers  it  his  duty  to  continue  them  until  the  Legislature 
directs  otherwise. 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.  B.  28  y2 — By  Mr.  Cole: 

To  confirm  titles  to  University  lands. 
See  H.  B.  133. 


•[Comptroller  Bledsoe  omitted  this  $10,300.41  from  his  statement  of  the 
public  debt.  Comptroller  Darden  replaced  It.  It  was,  In  1883,  repaid  to 
the  University  Permanent  Fund,  without  interest.  H.  B.  272,  Eighteenth 
Legislature,   Regular   Session.      General   Laws,   Ch.    27,   p.    15.1 


208  University  of  Texas  Hull' (in 

H.    B.    133 — By    Mr.    Cole: 

To  sell  immediately  the  University  lands. 

H.  J.  pp.  158,  422,  703,  955;  S.  J.  pp.  430,  447,  452,  529. 

August   10,    1870;    H.  J.,   pp.   055-950 

Hon.  Ira  H.  Evans,  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  return  to  your  House  "An  Act  concerning  the 
University  Lands,  and  confirming  the  titles  thereto,"  it  having 
originated   in  your  House. 

This  act  is  objectionable,  particularly  in  the  respect  that  it  com- 
pels the  Governor  to  proceed  to  sell  out  the  remaining  university 
lands  at  once.  Whether  these  lands  belong  to  the  University  or 
the  general  school  fund,  it  is  obvious  that  a  large  fund  may  be 
realized  for  the  benefit  of  education  by  due  care  in  the  sale  of 
them — they  being  some  of  the  best  lands  in  the  State.  There  is 
no  necessity  existing  which  would  require  their  immediate  sale. 
Within  a  year  or  two  such  lands  will  probably  bring  two  or  three 
times  what  they  will  sell  for  now.  In  the  meantime  the  univer- 
sity, even  if  reorganized,  will  not  require  other  funds  than  are 
already  on  hand. 

There  are  other  objections  to  the  act  which  I  have  not  thought 
it  necessary  to  mention  here.  Some  of  these  are  embraced  in  or 
referred  to  in  the  enclosd  opinion  of  Hon.  Wm.  Alexander,  Attor- 
ney General  of  the  State,  to  which  I  ask  the  attention  of  your 
House. 

Respectfully, 

EDMUND  J.   DAVIS, 

Governor. 

The  question  being,  "Will  the  House,  on  reconsideration,  pass 
the  bill,  viz:  An  Act  concerning  the  University  lands  and  con- 
firming the  titles  thereto?"  the  yeas  and  nays  were  called  and 
resulted   as   follows: 

Yeas— Messrs.    C.    L.    Abbott,    George — 2. 

Nays — Messrs.  Austin,  Abney,  H.  R.  Allen,  Richard  Allen,  Bee- 
ton,  Burley,  Booty,  Cooper,  Cotton,  Camp,  Cox,  Dupree,  Davis, 
Dorris,  Ellis,  Franks,  Gaston,  Gardiner,  Grothau,s,  Harn,  Hamilton, 
Haswell,  Johnson,  Jenkins,  Kyle,  Kendall,  Lacy,  Lane,  Leonard, 
Lyons,  Morrison,  Henry  Moore,  McLean,  J.  F.  McKee,  Mitchel, 
Mullins,  Medlock,  Miller,  R.  L.  Moore,  Posey,  Plumley,  Prissick, 
Robinson,  Schlickum,  Schlotman,  Schutze,  Simmons,  Smyth,  Stir- 
man,  Stockbridge,  Tegener,  Tinsley,  Weaver  of  Hunt.  Weaver  of 
Johnson,  Williams  of  Colorado,  York,  Youngkin.  Zapp,  Zoeller — 59; 

So  the  House,   on  reconsideration,  refused  to  pass  the  bill. 


A  Source  Book  of  the  University  of  Texas  209 

May  21,  1870;   H.  J.,  p.  172 

Mr.  Sinclair  presented  a  petition  from  the  Faculty  of  Soule  Uni- 
versity of  Galveston,  asking  State  aid  for  the  purpose  of  establishing 
a  medical  college. 

Referred  to  Committee  on  Education. 

May  28,  1870;   H.  J.,  p.  233 

Mr.  Slaughter  presented  a  petition  from  citizens  of  Smith  county, 
relative  to  the  locating  of  a  penitentiary,  a  lunatic  asylum,  and  one 
of  the  State  universities  at  Tyler,  Texas. 

Referred  to  Committee  on  State  Affairs. 

TWELFTH  LEGISLATURE,  FIRST  CALLED  SESSION, 
JANUARY  10  TO  MAY  31,  1871 

MESSAGE  OF  GOVERNOR  E.  J.  DAVIS 
January  10,  1871;  H.  J.,  p.  53-57;  S.  J.,  p.  26-29 


It  will  be  perceived  that  I  have  not  included  in  this  estimate 
of  indebtedness  the  bonds  issued  to  the  Common  School  and  Uni- 
versity funds,  under  the  provisional  act  of  November  12,  1866, 
amounting  to  $216,641.08  and  interest.  I  can  perceive  no  good 
reason  why  these  bonds,  issued  to  replace  five  per  cent.  United 
States  indemnity  bends,  taken  and  disposed  of  during  the  rebel- 
lion by  the  authorities  then  in  possession  of  the  State,  should 
now  be  a  charge  upon  the  people.  If  it  is  necessary  that  the  School 
and  University  fund  should  be  increased  in  a  sum  equivalent  to 
those  bonds,  it  had  better  be  done  in  plain  terms,  but  there  is  no 
such  necessity,  and  it  is  our  experience  in  the  past,  that  the  ac- 
cumulation  of  these  special   funds   tends  to   invite  spoliation. 

The  school  and  university  funds  are  now;  I  believe,  quite  as 
large  as  they  can  safely  remain,  and  the  taxes  that  would  go  to 
pay  interest  on  bonds  added  to  swell  those  funds,  might  as  well 
be  expended  directly  in  support  of  schools  or  universities.  I,  there- 
fore, recommend  that  the  bonds  issued  to  the  School  and  Univer- 
sity funds,  under  said   provisional  act  of    18  66,   be  canceled. 


In  connection  with  the  Public  School  fund,  or  rather  the  Uni- 
versity fund,  (the  two  funds  properly  being  considered  together) 
I  would  call  your  attention  to  the  donation  made  by  acts  of  Con- 
gress, of  scrip  representing  ISO, 000  acres  of  land,  to  provide  col- 
leges for  the  "benefit  of  agriculture  and  the  mechanic  arts."  1 
have    made    application    at    Washington    for    this    scrip    and    it    has 

14— 22  7 


210  University  of  Texas  Bulletin 

probably,  ere  this,  been  turned  over  to  the  agent  appointed;  but 
under  the  said  acts  (July  2,  1862,  and  amendment  July  23,  1866), 
of  Congress,  the  State  must  provide,  within  five  years  from  1866,  at 
least  one  such  college  as  is  described  in  the  acts,  or  must  refund  to 
the  United  States  the  scrip  or  its  proceeds.  Less  than  one  year 
remains  within  which  this  State  can  secure  the  benefits  intended. 
I  think  we  cannot  safely  attempt  at  present  the  establishment  of 
more  than  one  of  these  colleges,  and  suggest  that  this  be  incor- 
porated with  the  State  University.  I  recommend  the  early  pas- 
sage of  an  act  applicable  to  the  case. 

PROCEEDINGS   IN   THE   LEGISLATURE 

H.    B.    322 — By   Mr.   Cole. 

•    To    authorize    and   regulate   the   sale    of   University   lands. 

H.  J.,  pp.  364,  565.  876,  920,  1022,  1024,  1593,  1701,  1710, 
1724,  1732;  S.  J.,  pp.  743,  894,  1133,  1138,  1229;  vetoed  May  29, 
1871  (H.  J.,  p.  1732) ;  veto  sustained.      Oct.  21,  1871. 

[See  next,  Adjourned  Regular  Session.] 

H.   B.    279 — By   Mr.    Cole. 

To  perfect  the  titles  to  University  lands. 

Passed.  H.  J.,  pp.  308,  392,  436,  461,  469;  S.  J.,  pp.  334,  385. 
H.   B.    575 — By  Mr.   Gaston. 

To  incorporate  the  Medical  Department  of  the  University  of  Texas. 

Engrossed.  H.  J.,  pp.  1039,  1623,  1627;  S.  J.  pp.  1164.  S.  J., 
502,  Fourth  session. 

i  Relates  to  Southwestern,  then  called  Texas  University.] 

S.  B.   296 — By  Mr.   Pickett: 

To    incorporate    the    Law    Department    of    the    Texas    University. 

S.  J.  pp.  569,  754,  755,  803,  804,  850,  852,  1032,  1037,  1063;  H. 
J.,  p.   1486. 

[Relates  to  Southwestern,  then  called  Texas  University.] 

March  13,  1871.     H.  J.,  p.  554. 

Petition  of  citizens  of  Fannin  County  asking  that  the  interest 
due  for  University  lands  sold  in  1858  be  relinquished  as  the  pay- 
ment on  said  lands  had   been  suspended   March    13,    1871. 


A  Source  Book  of  the  University  of  Texas  211 

GENERAL  LAWS 

Chapter  44,  p.  36;  G.  6,  pp.  938-940 

AN  ACT  to  provide  for  the  establishment  of  the  Agricultural  and 
Mechanical  College  of  Texas. 

Whereas,  The  Congress  of  the  United  States,  by  an  act  passed 
July  2,  1862,  donated  one  hundred  and  eighty  thousand  acres  of 
land  to  each  State  for  the  purpose  of  building  an  agricultural  and 
mechanical  college,  allowing  five  years  for  the  completion  of  said 
college,  and  amended  said  act  July  23,  1866,  extending  the  tim© 
for  such  completion  to  July  23,    1871;    and 

Whereas,  We  recognize  the  importance  of  the  establishment  of 
said  agricultural  and  mechanical  college,  and  of  securing  to  our 
State  the   land   donated   by  the   above   cited   act;    therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  there  be  hereby  established  within  this  State  an  insti- 
tution of  learning,  under  the  name  and  style  of  the  Agricultural 
and  Machanical  College  of  Texas,  to  be  located  at  such  place  and  in 
such    manner  as   herein    provided. 

Section  5.  The  control,  management  and  supervision  of  said 
college,  and  the  care  and  preservation  of  its  property,  shall  be 
subject  to  the  laws  governing  what  is  known  as  "An  Act  to  estab- 
lish the  University  of  Texas,"  passed  February  11,  1858,  until 
otherwise   directed    by   law. 

Approved,    April    17,    1871. 

TWELFTH  LEGISLATURE,  ADJOURNED  SESSION, 
SEPTEMBER  12  TO  DECEMBER  2,  1971 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  3  2  2.     By  Mr.  Cole. 

To  authorize  and  regulate  the  sale  of  University  lands. 

H.  J.,   p.  306. 

I  return  to  the  House  of  Representatives,  where  it  originated, 
the  act  entitled  "An  act  authorizing  and  regulating  the  sale  of  th« 
university  lands. 

A  similar  bill  was  enacted  at  the  last  session  of  the  Legislature, 
Which  I  felt  compelled  to  return  because  of  objectionable  features 
contained  in  it.  The  act  now  under  consideration  is  largely  liable 
to  the  same  objections.  It  is  the  opinion  of  the  Attorney  General, 
coincided  in  by  myself,  that  the  University  of  Texas,  a  corporation 
now  established  by  law,  should  have  control  of  these  lands.  But, 
however,  this  may  be  considered  by  the  House,  I  have  no  doubt  that 


212  University  of  Texas  Bulletin 

it  is  not  advisable  now  to  force  a  sale  of  these  lands.  The  State  is 
filling  up  rapidly  with  population,  and  lands  are  rising  in  value. 
They,  if  put  upon  the  market  at  the  present  time,  will  not  bring 
a  fifth  part  of  what  we  may  reasonably  expect  to  be  their  value  with- 
in five  or  six  years.  What  necessity  is  there  for  haste  in  selling 
them?  The  University  is  not  demanding  funds,  nor  does  the  pres- 
sure to  sell  come  from  any  person  interested  in  that  institution.  A 
magnificent  endowment  for  the  university  is  certainly  to  be  realized 
from  these  lands,  if  carefully  and  discreetly  managed. 

E.  J.  DAVIS,  Governor. 
[Veto  sustained  by  a  vote  of  33  to  32.] 

H.  B.  920.  By  Mr.  Cole. 

To  dispose  of  the  University  lands. 

Died.      H.  J.,  p.  467. 
S.  B.  29  6.     By  Mr.  Pickett. 

To  incorporate  the  Law  Department  of  Texas  University. 

S.  J.,  pp.  463,  494,  507;  H.  J.,  pp.  337,  715,  735,  775,  777. 

[Relates  to  Southwestern,  then  called  Texas  University.] 

THIRTEENTH  LEGISLATURE,  REGULAR  SESSION,  JAN- 
UARY  14  TO  JUNE  4,  1873 

MESSAGES  OF  GOVERNOR  E.  J.  DAVIS 

January  16,  1873;  H.  J.  p.  26;   S.  J.  p.  33  S.  J.  p.  33. 

You  will  perceive  that  I  have  not  included  among  our  obligations, 
the  following  items  mentioned  in  the  treasurer's  report: 
Five  per  cent  State  bonds  to  credit  of  University  and 

permanent  school  fund $216,641.05 

Six  per  cent  State  bonds  to  credit  of  permanent  school 

fund 320,367.13 

Comptroller's  certificates  of  indebtedness 89,709.91 

Total $626,718.09 

These  items  are  relics  of  the  late  war  and  allusion  made  to  the 
two  last,  in  my  first  message  to  the  Legislature,  may  well  apply 
substantially  to  the  three.  That  allusion  was:  "These  items  repre- 
sent State  warrants,  or  State  bonds,  issued  during  the' war,  and 
representing  obligations  which  are  now  void,  should  no  longer  be 
borne  on  the  Comptroller's  reports." 

In  effect  these  bonds  and  certificates  are  due  to  ourselves,  if  at 
all,  to  support  the  University  and  public  schools,  and  instead  of 
raising  taxes  to  pay  them,  we  may  just  as  well,  if  necessary,  effect 
the  same  purpose  by  paying  the  taxes  directly  to  the  support  of  these 
institutions. 


A  Source  Book  of  tJie  University  of  Texas  213 

February  13,  1873;  S.  J.,  p.  156 

I  respectfully  ask  your  advice  and  consent  to  the  following  ap- 
pointments, to  wit:  J.  H.  Raymond,  S.  Mussena,  C.  R.  Johns,  M. 
A.  Taylor,  Hamilton  Stuart,  S.  G.  Newton  and  J.  R.  Morris  as  ad- 
ministrators of  the  University  of  Texas.  These  names  have  hither- 
to been  overlooked. 

[Together  with  E.  J.  Benners,  who  declined,  these  administrators  were 
commissioned  April  17,  1S72.  Five  qualified  in  April,  one  in  May,  one  in 
July.  Register  of  State  and  County  Officers,  1S70-74,  No.  264,  p.  62,  State 
Department.] 

[On  September  15,  1873,  Edward  Degener,  James  H.  Starr,  A.  M.  Bryant, 
Geo.  W.  Smith,  Jas.  W.  Talbot,  John  "W.  Harris,  Hamilton  S'tuart  and  John 
C.  Raymond  were  commissioned  as  administrators  of  the  University  of 
Texas.  No  dates  of  qualification  or  acceptance  are  given.  Register  of 
State  and  County  Officers,  1870-74,  No.  264,  p.  67,  State  Department.  See 
Lane,    p.   250.] 

[Forty-seven  commissioners  for  the  sale  of  University  lands  were  ap- 
pointed August  to  December,  1874;  five  each  for  the  counties  of  Grayson 
and  McLennan,  four  each  for  Fannin  and  Cooke,  three  each  for  Hunt,  Collin 
and  Lamar.  Register  for  State  and  County  Officers,  1S70-74.  No.  264,  pp. 
6,  7.  State  Department.  A  few  other  commissioners  were  appointed  sub- 
sequently.    Ibid.,  No.  265.] 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  589.     By  Mr.  Joseph. 

To  incorporate  Texas  University. 

Amended  to  Methodist  Episcopal  University  of  the  State  of  Texas. 
Amendments  tabled.  Bill  passed  17  to  4.  S.  J.  pp.  798,  813,  841, 
1038;  H.  J.  pp.  522,  963,  992,  1276,  1317,  1364. 

[Relates  to  Southwestern  University.] 

H.  B.  615.     By  Mr.  Trolinger. 

To  supplement  an  act  authorizing  the  sale  and  disposition  of  the 
University  lands  approved  August  30,  1856,  approved  November 
12,  1866. 

Engrossed.      H.   J.,  pp.    558,    656,    1016,    1031,   1121,  1130,   1146, 
1177,  1209,  1248. 
H.  B.  74  5.     By  Mr.  Trolinger. 

To  relieve  the  purchasers  of  University  land?. 

H.  J.,  p.   680. 
S.  B.  227.     My  Mr.  Cole. 

To  require  the  State  Treasurer  to  receive  all  payments  on  Uni- 
versity lands  sold  under  the  Acts  of  August  30.  1856  and  Novem- 
ber 6,  1866,  and  to  require  the  Commissioner  of  the  General  Land 
Office  to  issue  patents  on  said  lands.  S.  J.  pp.  370,  842,  920,  945, 
990,  1035,  1161;  H.  J.  pp.  1174,  1206,  1226. 


214  University  of  Texas  Bulletin 

January  4,  1873;  S.  J.,  p.  1161. 

I  return  to  the  Senate  where  it  originated,  the  act  entitled  "An 
act  requiring  the  Treasurer  of  the  State  of  Texas  to  receive  all  pay- 
ments due  on  all  notes  given  by  purchasers  of  University  lands  sold 
under  the  provisions  of  an  act  for  the  disposition  and  sale  of  the 
University  lands,  approved  August  30,  1856,  and  an  act  amendatory 
thereof  approved  November  6,  1866,  and  to  require  the  Commis- 
sioner of  the  General  Land  Office  to  issue  patents  on  said  lands. 

The  administrators  of  the  University  should  have  control  of  all 
settlements  to  be  made  with  purchasers  of  the  University  lands. 
"The  control,  management  and  supervision  of  the  University,  and 
the  care  and  preservation  of  its  property,"  is  committeed  to  the  ad- 
ministrators of  the  University  by  the  express  words  of  the  act  es- 
tablishing it.  The  administrators  only  can  properly  settle  with  the 
purchasers.  They  will  do  so,  doubtless,  on  reasonable  terms,  if 
application  by  bona  fide  purchasers  is  made  to  them. 

E.  J,  DAVIS,  Governor. 

FOURTEENTH  LEGISLATURE,  REGULAR  SESSION,  JAN- 
UARY 13  TO  MAY  4,  1874 

MESSAGES  OF  GOVERNOR  RICHARD  COKE 
January  26,  1874;  H.  J.,  p.  42;  S.  J.  p.  35 

The  children  of  the  present  generation  are  as  much  entitled  to 
the  benefits  of  public  education  as  those  who  may  come  after  them, 
and  I  cannot  see  the  practical  wisdom  of  keeping  the  almost  entire 
school  fund  of  the  State  locked  up  and  lying  dormant  in  the  un- 
productive lands,  many  thousands  of  acres  of  which  are  in  settled 
counties,  retarding  each  day  their  proper  growth  and  development. 

These  lands  are  of  the  three  classes,  to  wit:  First,  university 
lands.  Second,  the  alternate  sections  of  the  public  domain;  and 
third,  the  school  lands,  belonging  at  least  originally,  to  the  several 
counties. 

As  to  the  power  of  control  and  disposal  of  the  first  two  classes 
by  the  State  there  can  be  no  question;  with  regard  to  the  third 
class  there  would   seem  to  be  some  doubt. 

February  10,  1874;  H.  J.,  p.  85;   S.  J.,  p.  71 

It  further  appears,  from  the  Comptroller's  statement,  that  the 
State  is  indebted  to  the  Permanent  School  fund,  University  fund,  and 
Agricultural  and  Mechanical  College  fund,  in  the  aggregate  sum  of 
$711,008.31,  as  evidenced  by  her  bonds,  bearing  respectively  five 
and  six  per  cent  interest,  issued  under  various  acts  of  the  legislature, 
payable  respectively  to  these  funds,  which  bonds  are  in  the  vault 
of  the  treasury,  as  shown  in  report  of  the  Treasurer. 


A  Source  Book  of  tJte  University  of  Texas  215 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.  B.  86.     By  Mr.  Reeves. 

To  amend  an  act  supplementary  to  the  acts  of  August  30,  1856 
and  November  12,  1866. 

H.  J.  p.  50. 

[Apparently  the  same  as  S'.  B.  64  which  became  a  law.] 

H.  B.   106.      By  Mr.   Easley. 

To  incorporate  the  Texas  (Southwestern)  University. 

H.  J.  p.  60. 
H.  B.  — .     By  Mr.  Falls. 

To  provide  for  the  sale  of  the  common  school,  University  and 
Asylum  lands. 

H.  J.  p.,  175. 
H.  B.   117.      By  Mr.  Reeves. 

To  relieve  the  purchasers  of  University  lands  and  validate  patents 
issued  to  the  same. 

[Merged  into  S.  B.  9.1?]     H.  J.  pp.  68,  133,  173. 
H.  B.  339.     By  Mr.  Simpson. 

To  establish  the  University  of  Texas. 

Unfavorably  reported.  H.  J.  pp.  185,  558. 
S.  B.  64.     By  Mr.  Trolinger. 

To  amend  an  act  supplementary  to  the  acts  of  August  30,  1856 
and  November  12,  1866. 

Became  a  law.     S.  J.  pp.   44",  46,  58,  59,   67,   244,   284,   293,  296, 
297;    H.  J.  pp.   79,   94,   175.   178,   208   214,   216,   230,   242,   267,   312, 
320,  322,  452. 
S.  B.  91.     By  Mr.  Trolinger. 

To  relieve  purchasers  of  University  lands  and  to  validate  patents 
heretofore  issued. 

Became  a  law.  S.  J.  pp.  56,  57,  85,  152,  165,  172,  178,  188;  H. 
J.  pp.  68,  106,  107,  119,  133,  169,  173,  182,  277. 

GENERAL  LAWS 

S.  B.  91,  Ch.  32;   p.  29;  G.  5,  p.  31 

AN  ACT  for  the  relief  of  the  Purchasers  of  University  Lands,  and 
to  Validate  the  Patents  heretofore  Issued. 

Whereas,  Portions  of  the  university  lands  were  sold  under  an 
act  approved  August  thirtieth,  eighteen  hundred  and  fifty-six,  and 
under  an  act  approved  November  twelfth,  eighteen  hundred  and 
Bixty-six;    and 

Whereas,  Full  or  partial  payments  have  been  made  thereon,  In 
accordance   with   the   provisions  of  the  acts  aforesaid;    and 


216  University  of  Texas  Bulletin 

Whereas,  The  Treasurer  of  the  State  has  failed  and  refused  to 
accept  payment  in  part  or  in  whole  on  the  obligations  executed 
'for  the  purchase  money  of  said  lands,  when  tendered  in  conformity 
with  the  provisions  of  the  aforesaid  acts,  under  which  said  lands  were 
sold;   therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  all  sales  of  university  lands  made  under  the  acts  of  eight  nn 
hundred  and  fifty-six  and  eighteen  hundred  and  sixty-six  afore- 
said, in  which  the  terms  of  said  acts  have  been  complied  with, 
are  hereby  validated,  and  the  Commissioner  of  the  General  Land 
Office,  on  presentation  of  such  evidence,  shall  be  required  to  issue 
patents  for  the  same. 

Sec.  2.  That  the  Treasurer  of  the  State  is  hereby  authorized 
and  directed,  within  thirty  (30)  days  after  the  passage  of  this 
act,  to  give  notice  by  publication  in  the  nawspaper  having  the 
largest  circulation  in  each  of  the  counties  where  such  lands  are 
situated,  for  at  least  four  (4)  consecutive  weeks,  that  payment 
may  be  made  in  accordance  with  the  provisions  of  the  above  re- 
cited acts;  provided,  that  all  purchasers  may  have  until  the  first 
day  of  March,  eighteen  hundred  and  seventy-five,  to  make  first 
payment. 

Sec.  3.  That  in  case  where  any  portion  or  portions  of  said  lands 
have  been  transferred  by  the  original  purchaser  or  purchasers  to 
other  parties,  the  assignee  or  assignees  shall  be  subrogated  to  the 
rights  of  the  original  purchaser  or  purchasers;  and  the  Commis- 
sioner of  the  General  Land  Office  is'hereby  required  to  issue  pat- 
ents therefor  to  such  purchaser  or  purchasers,  upon  presentation 
to  said  commissioner  of  evidence  of  transfer  duly  made,  or  upon 
the  judgment  of  a  court  of  competent  jurisdiction;  and  in  the  trial 
of  all  such  cases  as  are  herein  enumerated  upon  the  said  trans- 
fers, oral  or  written  testimony  may  be  used  by  any  of  said  claim- 
ants. Either  former  or  present  owner  or  occupants  may  be  used 
to  establish  title  thereto. 

Sec.  4.  That  all  interests  which  have  accrued  upon  obligations 
for  the  payment  on  said  lands  since  the  first  day  of  January, 
eighteen  hundred  and  sixty-nine,  shall  be  and  the  same  is  hereby 
abated,  and  the  same  shall  not  be  estimated  from  the  date  last 
mentioned  until  the  passage  of  this  act. 

Approved,   March   17,    1874. 

S.  B.  64,  Ch.  43;  p.  72;   G.  8,  p.  74 

AN  ACT  Amendatory  of  "An  Act  Supplementary  to  'An  Act  author- 
izing the  disposition  and  sale  of  the  University  lands,'  "  approved 
August  30,  1856,  approved  November  12,  1866. 


A  Source  Book  of  the  University  of  Texas  217 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Governor  of  the  State  of  Texas  is  hereby  authorized 
to  sell,  alienate  and  convey  all  the  lands  heretofore  donated 
or  granted  for  the  endowment  of  one  or  more  Universities  by  the 
Congress  of  the  Republic  of  Texas,  or  so  much  thereof  as  in  his 
judgment  will  be  to  the  interest  of  the  University  fund,  as  herein 
provided. 

Sec.  2.  That  within  six  months  after  the  passage  of  this  act 
the  Commissioner  of  the  General  Land  Office  shall  cause  the  legally 
authorized  surveyor  within  whose  jurisdiction  any  of  said  land  is 
situated,  to  survey  said  land  into  quarter  sections,  or  tracts  of 
one  hundred  and  sixty  acres  each,  in  a  square  form,  or  as  nearly 
so  as  practicable,  carefully  marking  the  corners  with  stakes,  stones 
or  mounds,  and  return  a  correct  description  of  said  surveys,  with 
the  field  notes  thereof,  to  the  Commissioner  of  the  General  Land 
Office,  who  shall  cause  the  same  to  be  recorded  in  a  well  bound 
book  kept  for  that  purpose.  If  said  land  cannot  be  surveyed  so  as 
to  make  quarter  sections  exact,  so  as  to  include  all  the  lands  in 
each  survey,  such  fractional  tract  may  be  added  to  an  adjacent 
full  subdivision;  provided,  that  where  any  of  said  lands  have 
already  been  surveyed  into  quarter  sections  or  fractional  sections, 
the  same  shall  not  be  re-surveyed,  but  the  surveys,  maps  and  field 
notes  already  made  shall  be  returned  by  the  surveyor  of  each 
county  where  the  same  is  recorded,  to  the  Commissioner  of  the 
General  Land  Office,  who  shall  keep  the  same  as  before  directed. 

Sec.  3.  That  the  surveyor  who  shall  survey  said  land  as  herein 
provided,  shall  receive  as  a  compensation  for  such  services  three 
dollars  for  each  lineal  mile  actually  and  necessarily  run  in  making 
Buch  survey;  and  upon  presentation  of  his  certificate  to  the  Comp- 
troller, sworn  to  before  some  officer  authorized  to  administer 
oaths,  and  approved  by  the  Governor,  the  Comptroller  shall  draw 
his  warrant  on  the  Treasurer  of  the  State  for  such  amount  in 
favor  of  said  surveyor  as  may  be  due  him  for  the  aforesaid  ser- 
Tices,  to  be  paid  out  of  any  funds  belonging  to  said  University 
not  otherwise  appropriated. 

Sec.  4.  The  Commissioner  of  the  General  Land  Office,  so  soon 
as  practicable  after  the  return  of  said  surveys,  shall  cause  the 
same,  together  with  the  surveys  heretofore  made,  to  be  separately 
and  carefully  mapped,  and  said  quarter  sections  carefully  num- 
bered, conforming  to  numbers  heretofore  made  where  the  same 
has  already  been  surveyed  and  numbered,  and  shall  forward  one 
copy  of  said  field  notes  and  maps  of  the  said  lands  situated  in  each 
county  to  the  surveyor  of  the  district  where  the  said  lands  lie; 
provided,  that  nothing  contained  in  sections  two  and  four  of  this 
act  shall  be  so  construed  as  to  require  lands  situated  in  unorgan- 


218  University  of  Texas  Bulletin 

ized  counties  to  be  surveyed,  or  maps  and  field  notes  furnished 
until  said  counties  are  organized. 

Sec.  5.  That  the  Governor  shall  appoint  three  commissioners 
for  each  of  said  counties  to  value  each  subdivision  of  said  land. 
Said  commissioners  shall  be  freeholders  of  the  State,  and  qualified 
electors  thereof,  and  in  no  wise  interested  in  said  land  by  settle- 
ment upon  the  same  or  otherwise,  or  of  kin  to  any  one  so  settled. 
Said  commissioners,  so  soon  as  they  receive  their  commissions, 
shall  make  and  subscribe  before  the  district  clerk,  or  any  justice 
of  the  peace,  an  oath  or  affirmation,  in  writing,  that  they  are  in 
no  wise  interested  in  said  land  by  settlement  upon  the  same  or 
otherwise,  and  that  they  will  assess  the  real  and  true  value  of 
each  tract  or  subdivision  of  said  land,  situated  in  such  county, 
without  reference  to  the  enhanced  value  of  the  same  by  reason 
of  any  improvement  thereon,  and  forward  said  oath  or  affirmation 
to  the  Commissioner   of  the  General   Land   Office. 

Sec.  6.  That  the  Commissioner  of  the  General  Land  Office  shall 
forward  to  one  of  said  commissioners  a  copy  of  the  maps  and  field 
notes,  provided  for  in  section  four  of  this  act,  of  the  lands  em- 
braced in  the  county  for  which  said  commissioners  are  appointed, 
bo   soon   as  he  receives  said   affidavits. 

Sec.  7.  That  within  six  months  from  the  receipt  of  their  said 
commissions,  said  commissioners  shall  assess  the  real  value  of 
said  lands  embraced  in  their  said  counties,  without  reference  to 
the  improvements  therecn;  provided,  it  shall  in  no  case  be  less 
than  one  dollar  and  fifty  cents  per  acre,  and  shall  make  a  report 
thereof  in  writing,  designating  the  price  of  each  quarter  section 
of  said  land  according  to  the  numbers  thereof,  and  append  to  said 
report  their  affidavit  in  writing,  or  the  affidavit  of  any  two  of 
them,  sworn  to  and  subscribed  before  any  officer  authorized  to 
administer  oaths,  stating  that  the  valuation  set  forth  in  their  re- 
port is  a  true  and  correct  valuation  of  the  same,  which  said  report 
shall  be  by  them  forwarded  to  the  Commissioner  of  the  General 
Land  Office. 

Sec.  8.  That  said  commissioners  shall  receive  for  their  ser- 
vices for  said  appraisement  three  dollars  each  per  day,  for  each 
day  necessarily  employed  in  making  said  valuation,  and  upon  pre- 
sentation of  his  or  their  accounts,  sworn  to  before  some  officer 
authorized  to  administer  oaths,  setting  forth  the  number  of  days 
actually  employed  in  making  such  appraisement,  and  that  no  more 
time  is  embraced  in  said  account  than  was  actually  necessary,  the 
Comptroller  shall,  upon  the  approval  of  the  account  by  the  Gov- 
ernor, draw  his  warrant  on  the  Treasurer  for  the  amounts  due 
said  commissioners,  to  be  paid   out   of  the   University  funds. 


A  Source  Book  of  the  University  of  Texas  219 

Sec.  9.  That  so  soon  as  said  report  shall  be  received,  the  Com- 
missioner of  the  General  Land  Office  shall  forward  a  statement 
to  the  surveyor  of  the  county  or  district  from  which  was  returned 
the  surveys  of  said  lands,  a  correct  statement  of  the  valuation  of 
the  same  as  made  by  said  commissioners,  embraced  or  situated 
in   said   surveyor's  county   or   district. 

Sec.  10.  That  every  actual  settler  on  any  of  said  lands,  who 
has  fenced  and  put  in  cultivation  any  portion  of  said  land  before 
the  passage  of  this  act,  may  purchase  not  more  than  one  hundred 
and  sixty  acres  of  said  land,  and  not  less  than  eighty  acres,  so  as 
to  include  his  improvements,  and  for  the  purpose  of  enabling  him 
to  include  his  improvements,  said  quarter  section  on  which  the 
Improvements  are  situated  may  be  subdivided  int<^'  eighty-acre 
tracts,  surveyed  at  right  angles,  and  he  may  purchase  any  of  said 
tracts;  but  in  no  case  shall  such  lands  be  sold  in  less  tracts  than 
eighty  acres;  and  when  such  quarter  sections  are  so  subdivided, 
the  expense  of  such  subdivision  shall  be  paid  by  the  purchaser,  and 
the  field  notes  of  each  additional  survey  shall  be  forwarded  to  the 
Commissioner   of    the    General   Land    Office. 

Sec  11.  The  county  surveyors  aforesaid  shall  keep  in  their 
respective  offices  the  maps  and  statements  of  the  value  of  said 
land  hereinbefore  provided  for;  and  any  actual  settler  who  desires 
to  purchase  the  lands  occupied  and  improved  by  him,  shall,  within 
six  months  from  the  date  when  said  surveyor's  office  is  opened 
for  said  purpose,  file  his  written  application  with  said  surveyor 
for  the  purchase  of  said  land,  designating  the  quarter  section  on 
which  his  improvements  are  situated,  and  the  quantity  he  desires 
to  purchase,  which  statement  shall  be  carefully  filed  and  preserved 
by  the  surveyor;  and  he  shall  make  a  memorandum  thereof,  to  be 
entered  in  a  book  kept  for  that  purpose,  stating  the  name  of  the 
applicant,  the  quantity  of  land  he  desires  to  purchase,  the  number 
or  numbers  of  the  tract  or  tracts  on  which  it  is  situated,  and  the 
date  of  the  application,  a  certified  copy  of  all  which  shall  be  for- 
warded to  the  Commissioner  of  the  General  Land  Office.  The  sur- 
veyor shall  be  allowed  for  his  services,  as  provided  for  in  this 
section,  one  dollar  for  each  application,  to  be  paid  by  the  pur- 
chaser. 

Sec.  12.  That  if  the  applicant  desires  to  purchase  an  entire 
quarter  section,  or  less,  he  shall,  when  the  application  is  filed, 
forward  one-tenth  of  the  assessed  value  of  the  tract,  or  tracts,  to 
the  Treasurer  of  the  State,  who  shall  forward  to  such  applicant  a 
receipt  for  the  amount  received;  and  such  applicant  shall  make, 
execute  and  deliver  to  the  surveyor  his  obligation  in  writing,  pay- 
able to  the  Treasurer  of  the  State,  for  the  balance  of  the  assessed 
value  of  the  land,  stipulating  and  agreeing  therein  to  pay  ten  per 


220  University  of  Texas  Bulletin 

cent,  interest  on  said  amount  annually,  with  one-tenth  of  the 
principal,  for  ten  years,  which  interest,  with  one  tenth  of  the 
principal,  shall  be  due  and  payable  on  the  first  day  of  January 
of  each  year;  but  said  purchaser  may  have  the  privilege  of  paying 
the  entire  amount  of  principal  and  interest  due  at  the  time  of 
payment,  and  liquidate  his  said  obligation;  and  if  such  actual  set- 
tlers do  not  apply  to  purchase  said  land  within  six  months,  the 
same  shall  be  subject  to  sale,  the  same  as  other  university  lands 
not  occupied. 

Sec.  13.  That  all  quarter  sections  of  said  land  on  which  no 
person  has  settled  before  the  passage  of  this  act,  or  which  have 
not  been  applied  for  by  an  actual  settler,  as  provided  in  section 
twelve  of  this  act,  shall  be  sold  to  the  purchaser  making  applica- 
tion, designating  the  quantity  of  land  he  desires  to  purchase,  when 
the  same  proceedings  shall  be  had  as  provided  in  section  twelve 
of  this  act,  and  the  same  obligation  entered  into  by^the  purchaser, 
with  the  additional  obligation  that  he  will  settle  upon  and  improve 
said  lands  within  six  months  from  the  date  he  so  designates;  and 
if  he  does  not  settle  upon  such  land  within  said  time,  the  appli- 
cant shall  forfeit  all  right  and  claim  to  same. 

Sec.  14.  That  the  surveyor  aforesaid  shall  give  to  such  appli- 
cant who  complies  with  the  requirements  of  this  act  a  certificate 
to  that  effect,  designating  the  quarter  section  or  parts  of  quarter 
section   by   him   purchased. 

Sec.  15.  That  the  obligation  so  entered  into  by  the  purchaser 
of  the  said  land  shall  be  forwarded  to  the  Commissioner  of  the 
General  Land  Office  by  the  surveyor,  and  the  said  commissioner 
shall  have  the  same  recorded  in  a  well  bound  book  kept  for  that 
purpose,  and  he  shall  deliver  the  saitl  obligations  to  the  Treasurer 
of  the  State,  who  shall  carefully  file  the  same  in  his  office. 

Sec.  16.  Said  surveyor  shall  within  ten  days  from  the  receipt 
of  the  statement  of  the  valuation  of  said  lands,  as  provided  in 
section  nine  of  this  act,  cause  notice  of  the  fact  that  his  office  is 
open  for  the  sale  of  said  lands,  to  be  posted,  one  at  the  court 
house  door  of  the  county  where  his  office  is  situated,  and  at  five 
other  places  in  his  district,  and  also  in  some  newspaper,  if  one  is 
published  in  said  county,  for  at  least  thirty  days. 

Sec  17.  The  Commissioner  of  the  General  Land  Office  shall 
procure  a  well  bound  book  in  which  shall  be  kept  an  account  with 
such  purchasers  of  said  lands,  showing  the  amount  for  which  the 
same   were  sold   and   the  interest  accruing  thereon. 

Sec.  18.  That  upon  the  presentation  of  the  receipt  of  the  Treasu- 
rer of  the  State  by  any  purchaser  of  said  lands,  for  any  amount 
due  him  on  his  obligation  to  the  Commissioner  of  the  General  Land 
Office,    said    Commissioner   shall    cause    to    be    entered    a   credit   on 


A  Source  Book  of  the  University  of  Texas  221 

said  purchaser's  account  for  said  sum,  and  the  date  of  payment, 
and    issue   to   him    a   certificate   showing   such   payment. 

Sec.  19.  That  should  the  purchaser  fail  to  pay  the  annual  in- 
stallments, together  with  the  interest  thereon,  to  the  Treasurer, 
and  present  his  receipt  to  the  Commissioner  of  the  General  Land 
Office,  on  or  before  the  first  day  of  March  following  the  maturity 
thereof,  said  Commissioner  shall  notify  the  Treasurer  of  such 
failure,  who  shall  endorse  on  such  obligation  a  statement  of  such 
failure,  and  sign  his  name  thereto,  and  said  purchaser  shall  for- 
feit all  his  right  and  interest  in  said  land. 

Sec.  20.  That  should  said  purchaser  die  before  the  payment 
of  any  one  installment  and  interest  thereon  falls  due,  his  admin- 
istrators, executors  or  heirs  shall  have  an  extension  of  twelve 
months    in    which    to    pay    the    same. 

Sec.  21.  In  case  of  failure  to  pay  said  installments  and  interest, 
as  hereinbefore  provided,  by  any  purchaser,  the  district  attorney 
shall  cause  a  writ  to  be  issued  and  served  on  the  purchaser,  or  in 
case  of  his  death,  upon  his  legal  representatives  or  heirs,  requiring 
him  to  show  cause  why  he  should  not  be  ejected  from  such  land, 
and  upon  his  failure  to  show  that  he  has  paid  such  installments 
and  interest  thereon,  as  above  provided,  a  judgment  shall  be  rend- 
erd  against  him  and  a  writ  of  possession  be  issued  in  favor  of  the 
State. 

Sec.  22.  In  case  said  purchaser  desires  to  sell  such  lands  after 
he  has  settled  upon  the  same,  as  above  provided,  he  may  do  so; 
but  in  that  event  his  vendee  shall  substitute  his  obligation  in  lieu 
of  the  obligation  of  his  vendor,  and  settle  upon  the  same  in  accord- 
ance with  section  thirteen  of  this  act. 

Sec.  23.  Said  lands  shall  be  subject  to  taxation  frcm  the  date 
of   purchase. 

Sec.  24.  That  the  proceeds  arising  from  the  sale  of  such  lands  shall 
be  paid  into  the  University  fund. 

Sec.  25.  Upon  final  and  full  payment  on  any  purchase  made 
under  the  provisions  of  this  act,  the  Commissioner  of  the  General 
Land  Office  shall  issue  a  patent  to  the  purchaser  making  the  same, 
or  to  his  vendee  or  heirs. 

Sec.  26.  This  act  shall  not  affect  the  rights  of  any  parties  who 
may  have  purchased  any  of  these  lands  by  virtue  of  any  laws  of 
this  State. 

Sec.  27.  In  case  any  portion  of  the  said  University  lands  are 
not  sold  and  taken  up  by  actual  settlers,  as  provided  for  in  this 
act,  any  other  person  may  purchase  the  same  at  not  less  than  the 
minimum  price  fixed  by  the  commissioners,  and  upon  the  same 
terms  as  actual  settlers;  provided,  that  no  person  other  than  an 
actual   settler   shall   be    permited    to    purchase   less   than    one   hun- 


222  (' iiircrsihj  of  Terns  Bulletin 

dred  and  sixty  acres;  and  provided  further,  that  if  under  the 
provisions  of  this  section  any  improved  lands  should  be  sold,  the 
Purchaser  thereof  shall  pay  for  the  enhanced  value  of  said  land 
by  reason  of  improvements,  in  addition  to  the  appraised  value 
thereof,  which  enhanced  value  shall  be  assessed  under  oath  by  two 
disinterested  freeholders  of  the  county  where  situated;  and  by 
them  at  the  cost  of  the  purchaser,  be  reported  to  the  Commissioner 
of  the  General  Land  Office,  who  shall  add  the  same  to  the  appraised 
value  of  said  land  under  this  act,  and  where  other  than  a  settler 
applies  for  purchase,  his  application  shall  be  accompanied  by  his 
affidavit,  stating  that  there  is  no  actual  settler  on  the  land,  and 
stating   further    whether   it   is   improved    or    unimproved. 

Sec.  28.  That  wherever  such  University  lands  have  heretofore 
been  surveyed,  and  maps  of  such  surveys  exist  in  the  Land  Office, 
the  Governor  shall,  as  soon  as  practicable  after  the  passage  of 
this  act,  appoint  the  appraisers,  and  the  land  may  be  sold  as  soon 
thereafter  as  practicable  in  compliance  with  the  rules  and  forms 
prescribed  in  this  act. 

Approved   April   8,    1874. 

FOURTEENTH  LEGISLATURE,   CALLED  SESSION,   JAN- 
UARY 12  TO  MARCH  15,  1875 

MESSAGE  OF  GOVERNOR  RICHARD  COKE 
January  12,  1875.     H.  J.,  p.  69;  S.  J.  p.  66 

Public    Education. 

Fifty  leagues  of  land,  equal  to  two  hundred  and  twenty-one  thous- 
and acres,  have  been  granted  and  set  apart  for  a  University  fund. 
These  lands  were  granted  at  an  early  day.  selected  chiefly  in  what 
is  now  the  most  prosperous  and  flourishing  part  of  the  State,  and 
are  very  valuable.  How  shall  this  immense  fund  be  utilized  and 
made  available  for  our  present  necessities?  We  need  school  houses 
in  which  to  carry  on  the  present  system  of  common  schools  sug- 
gested, plain  furniture  for  them,  and  an  annual  fund  for  repairs.  I 
suggest  that  we  draw  on  the  land  endowment  for  relief  from  taxa- 
tion for  this  purpose.  The  alternate  sections  comprising  twenty-three 
millions  one  hundred  thousand  acres,  by  act  of  the  Legislature,  ap- 
proved April  24,  1874,  are  now  offered  for  sale  at  a  valuation  per 
acre,  to  be  affixed  by  commisioners.  not  less  than  one  dollars  and 
fifty  cents,  payable  one-tenth  cash  and  the  remainder  in  nine  annual 
installments,  with  interest  at  ten  per  cent.  *****  ^.s  the  school 
fund  becomes  changed  by  sales  from  non-available  to  available  and 
is  magnified  in  value,   it  will  become  the  basis  for  more  extended 


A  Source  Book  of  tin    University  of  Texas  223 

operations,  and  the  school  system  may  be  -expanded  to  embrace 
wider  extremes  of  scholastic  age,  longer  term  if  necessary,  and 
higher  grades.  In  the  mean  time,  by  using  the  University  fund,  as  a 
basis,  the  land  being  now  by  act  of  April  8,  1874,  in  market  and 
selling  rapidly  at  good  prices,  money  may  be  raised  by  the  issuance 
and  sale  of  bonds  for  the  establishment  and  organization  of  one  or 
more  universities  which,  together  with  the  college  at  Bryan,  now 
nearly  ready  to  go  into  operation  and  which  it  is  hoped  your  honor- 
able bodies  will  at  this  session  make  an  appropriation  to  complete 
in  all  respects  immediately,  will  under  proper  arrangements  and 
administration  educate  teachers  to  carry  on  the  common  schools. 

PROCEEDINGS  IX  THE  LEGISLATURE 

H.  B.  106.     By  Mr.  Easley. 

To  incorporate  Texas  University. 

[Amended  to  Wesleyan;  later  amended  to  Southwestern.] 

H.  J.  p.  128. 
H.  B.  5,93.     By  Mr.  Munson. 

To  amend  an  act  "concerning  the  5  per  cent  United  States  Uni- 
versity bonds  belonging  to  the  State  of  Texas  and  used  by  the  late 
University  Board  of  the  State. 

Engrossed.      H.  J.  pp.   135,   143,  165,  240. 
H.  B.  7  20.     By  Mr.  Hayes. 

To  make  an  appropriation  to  pay  the  commissioner  appointed  to 
value  the  University  lands  and  also  the  fees  of  the  surveyors. 

H.  J.  pp.   228,   442,   452,   602,   618,    661. 
H.  B.  7  60.     By  Mr.  Douglass. 

To  relieve  purchasers  of  University  lands. 

Became  a  law.     H.  J.  pp.  275,  307,  332,  333,  348,  349,  358,  373, 
396,  446,  461,  510;   S.  J.  pp.  390,  392,  445. 
H.  B.  814.     By  Mr.  Ballard. 

To  repeal  the  amendatory  act  of  April  8,  1874,  regarding  the  sale 
of  University  lands. 

H.  J.  389. 

S.  B.  5  06.     By  Mr.  Erath. 

To  amend  the  acts  regarding  the  sale  of  University  lands. 

Became  a  law.  S.  J.,  pp.  123,  152,  178,  193,  411,  43.",.  468;  H.  J., 
pp.  209,  222,  327,  398,  460,  577. 

February    15,    187r>;    II.  J.    p.   ;i-27 

Resolution.     By  Mr.  Stuart  of  Falls. 

To  request  the  Commissioner  of  the   General   Land   Office  '<>   fur- 


224  University  of  Texas  Bulletin 

nish  a  statement  of  the  sales  of  the  University  land  under  the  act 
of  April  8,  1874. 

February    17,    1875;    H.   J.   p.   347 

[Commissioner  Groos  answered  that  16  sales,  totaling  about  1800  acres, 
have  been  made  at  prices  varying  from  $2  to  $5  per  acre,  the  average  being 
about  $■!.] 

GENERAL,   LAWS 

H.  B.  760;  Ch.  48,  pp.  60-63;   G.  8,  pp.  432-435 

AN  ACT  for  the  relief  of  persons  interested  in  the  University  lands, 
sold  under  the  provisions  of  an  act  entitled  "An  Act  for  the  sale 
and  disposition  of  the  University  lands."  approved  August  30, 
1856,  and  an  Act  amendatory  thereof,  approved  November  12, 
1866. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  time  for  the  payment  of  any  sum  or  sums  of  money  now 
due,  or  hereafter  to  become  due,  on  and  for  any  of  the  lands  here- 
tofore sold  under  an  act  entitled  "An  Act  for  the  sale  and  disposi- 
tion of  University  lands;"  approved  August  30,  1856,  and  the  act 
amendatory  thereof,  approved  November  12,  18  66,  be  and  the  same 
is  hereby  extended  until  the  first  day  of  March,  1878;  provided,  that 
no  person  shall  be  entitled  to  the  benefits  of  this  act  unless  the 
terms  and  conditions  herein  provided  are  strictly  complied  with; 
that  to  entitle  the  purchaser,  his  or  her  heirs  or  assigns,  to  such 
extensions  of  time  as  above  provided,  he,  her  or  they,  shall,  on 
or  before  the  fifteenth  day  of  May,  1875,  enter  into  a  new  obliga- 
tion, with  two  or  more  sufficient  securities,  to  be  delivered  to  and 
approved  by  the  agent,  hereinafter  provided  for,  securing  to  the 
State  such  sum  or  sums  of  money  due  or  owing  for  said  lands, 
which  said  obligation  shall  conform  in  all  respects  to  the  subsisting 
obligation,  except  as  to  the  extension  of  time. 

Sec.  2.  That  if  any  purchaser  of  said  lands,  his  cr  her  heirs  or 
assigns,  shall  fail  to  pay  the  amount  due  or  to  become  due  on  the 
purchase  of  said  land  as  aforesaid,  or  fail  to  comply  with  the  first 
section  of  this  act  on  or  before  the  fifteenth  day  of  May,  1875,  said 
purchase  and  sale  shall  become  null  and  void,  and  the  rights  of  said 
purchasers  failing,  shall  become  forfeited,  and  in  case  such  failure 
is  made,  as  aforesaid,  within  the  time  prescribed,  then  the  occupant 
or  occupants  of  any  of  said  lands,  which  have  been  forfeited  as 
aforesaid,  may  acquire  title  to  the  same;  provided,  he,  her,  or  they, 
shall,  on  or  before  the  fifteenth  day  of  June,  1875,  pay  off  and  dis- 
charge the  amount  of  money  which  may  be  due  or  owing  from  the 
said  purchaser  or  purchasers,  or  that  said  occupants  shall  enter 
into  bonds  or  obligations  to  pay  the  same  by  the  fifteenth  day  of 


A  Source  Book  of  ilu  University  of  Texas  22 


L'L';> 


June,  1875,  in  the  manner  and  under  the  same  terms,  restrictions  and 
conditions  as  are  provided  for  the  said  purchasers  in  the  first  sec- 
tion of  this  act. 

Sec.  3.  That  whenever  satisfactory  proof  is  made  to  the  Com- 
missioner of  the  General  Land  Office  that  any  of  said  purchasers  or 
occupants  have  paid  for  said  lands,  or  any  tract  thereof,  under  the 
provisions  of  this  act,  and  the  acts  herein  above  referred  to,  said 
Commissioner  shall  issue  and  deliver  to  such  person  as  may  have 
paid  for  the  same,  a  patent  therefor,  as  required  by  law  for  th« 
patenting  of  other  lands  of  the  State. 

Sec.  4.  That  the  Governor  is  hereby  authorized  and  required  to 
appoint  an  agent  for  the  county  of  Grayson,  and  one  for  the  counties 
of  Fannin  and  Hunt,  and  one  for  the  county  of  McLennan,  to  carry 
out  the  provisions  of  this  act,  which  said  agents  shall  each  enter  into 
a  bond  with  two  or  more  good  and  sufficient  securities,  to  be  ap- 
proved by  the  State  Treasurer,  in  an  amount  at  least  double  the  pro- 
bable amount  of  money  which  may  come  into  their  hands  as  such 
agents,  conditioned  that  they  will  perform  all  the  duties  incumbent 
upon  them  as  such  agents,  and  make  at  such  times  as  the  Treasurer 
of  the  State  may  require,  due  returns  of  their  acts  under  the  provi- 
sions of  this  act,  and  will  pay  over  to  the  State  Treasurer,  all  moneys 
received  by  them  for  said  lands.  The  Treasurer  shall  furnish  said 
agents  with  all  the  necessary  blanks,  obligation  bonds  and  in- 
structions to  carry  out  the  provisions  of  this  act. 

Sec.  5.  That  said  agents  respectively  shall  visit  the  county  seats 
of  the  counties  for  which  they  are  appointed,  at  such  times  as  they 
may  designate  for  the  purpose  of  carrying  out  the  provisions  of  this 
act,  and  shall  publish  in  the  newspaper  having  the  largest  cir- 
culation in  each  county  respectively  the  substance  of  this  act,  and 
that  they  are  appointed  such  agents  and  notify  all  parties  interested, 
when  and  where  they  may  be  found  for  the  transaction  of  the  busi- 
ness herein  provided  for,  which  said  publication  and  notice  shall  be 
published  for  at  least  three  consecutive  weeks  before  the  time  ap- 
pointed for  visiting  each  county  seat,  that  they  shall  make  monthly 
returns  of  their  actions  as  such  agents  to  the  State  Treasurer,  and 
deliver  to  the  State  Treasurer  all  the  new  obligations  which  may  be 
made  as  provided  for  by  this  act,  and  shall  pay  to  the  State  Treas- 
urer at  least  once  in  each  month,  all  the  moneys  received  by  them 
for  said  lands  during  the  time  he  may  act  as  said  agent;  that  said 
agents  shall  be  entitled  to  receive  as  a  compensation  for  their  ser- 
vices, an  amount  equal  to  three  per  centum  on  all  amounts  paid 
to  them  and  on  all  obligations  taken  by  them,  which  shall  be  paid 
by  the  party  making  the  payment  or  entering  into  such  obligation. 

Sec  6.  That  if  the  purchasers  or  occupants  shall  fail  to  pay 
the  amounts  due  or  give  their  obligation  as  required  by  sections 
one   and   two   of   this   act    by   the    fifteenth    day   of   June    1875,    the 

IB — 227 


226  University  of  Texas  Bulletin 

agent  or  agents  shall,  under  the  direction  of  the  Governor,  proceed 
to  collect  the  amount  that  may  be  due  on  any  of  said  purchasers 
(purchases),  as  provided  by  the  laws  under  which  said  land  was 
sold.  The  agents  respectively  shall  be  entitled  to  the  following  fees: 
For  advertising,  two  dollars  ($2.00);  making  deed,  two  dollars 
($2.00);  and  a  commission  of  four  per  cent,  on  the  amount  col- 
lected. If  any  of  said  lands  should  be  purchased  by  the  State,  the 
agents  shall  be  entitled  to  the  same  fees  and  commissions  as  pro- 
vided for  in  this  section,  to  be  paid  out  of  any  university  funds; 
provided,  the  State  shall  not  be  subject  to  the  payment  of  any  fees 
or  expenses  under  this  act  except  in  cases  where  the  land  sold  is 
purchased  by  the  State;  and  provided  further,  the  State  does  not 
relinquish  the  vendor's  lien  on  any  of  these  lands  by  reason  of  the 
bond  and  security  required  by  this  act. 
Approved   March   4th,    1875. 

S.  B,  506;    Ch.  51,  p.  65.      G.  8,  p.  437 

AN  ACT  supplemental  to  and  amendatory  to  the  several  acts  author- 
izing the  sale  and  disposition  of  the  University  lands  in  the  State 
of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  settlers  on  any  of  the  University  lands  lying  within  the 
counties  of  McLennan  and  Hill,  and  conflicting  with  the  grant  in 
the  name  of  Joachin,  Moreno,  shall  not  be  compelled  to  pay  the 
amounts  due  on  said  land  until  the  suit  pending  in  behalf  of  said 
grant  shall  have  been  decided,  and  title  to  said  land  settled. 
Approved   March   6th,   1875. 

JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION, 

1875 

PROCEEDINGS  IN  THE  CONVENTION 
September  14,  1875;  p.  104 

Mr.  Smith  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Education  be  instructed  to  in- 
quire into  the  propriety  and  utility  of  incorporating  in  the  constitu- 
tion the  following  provisions: 

"Sec.  — .  The  Legislature  shall  establish  and  maintain  a  State 
University  as  soon  as  the  university  fund  will  permit;  also,  establish 
and  maintain  one  school  of  a  high  grade  of  learning,  and  such 
primary  schools  in  each  county  in  this  State  as  will  insure  the 
gratuitous  instruction  of  all  persons  in  this  State  within  the  scholas- 
tic age  prescribed  by  law. 


A  Source  Book  of  the  University  of  Texas  227 

"Sec.  — .  The  President  of  the  University  shall  be  the  President 
of  the  'Board  of  Education,'  and  shall  have  the  supervision  and 
control  of  public  instruction  throughout  the  State,  in  such  manner 
and  under  such  restrictions  as  the  Legislature  may  prescribe. 

"Sec.  — .  The  moneys  and  lands  heretofore  granted,  or  which 
may  hereafter  be  granted,  for  the  endowment  and  support  of  a 
university,  shall  constitute  a  special  fund  for  the  endowment  and 
maintenance  of  said  university;  and  the  Legislature  shall  not  have 
power  to  appropriate  the  university  fund,  nor  the  interest  thereon, 
for  any  other  purpose  than  the  endowment  and  support  of  said 
university. 


"Sec.  — :-.  The  Legislature  shall,  as  soon  as  the  public  funds  are 
sufficient,  carry  into  effect  the  provisions  of  this  constitution  by  ap- 
propriate legislation." 

Referred  to  Committee  on  Education. 

September    15,    187.1.    pp.    119-120 

Mr.  Erhard  offered  the  following  resolution: 

Resolved,  That  there  shall  be  a  General  Superintendent  of  Schools, 
and  the  Governor  and  Secretary  of  State  shall  be  ex  officio  members 
of  said  board. 

1.  That  whenever  the  State  establishes  a  State  University,  he  shall 
with  the  consent  and  advice  of  the  Senate,  appoint  seven  Curators. 

2.  The  Legislature  shall  carefully  guard  over  the  University 
lands,  inquire  into  it  whether  any  are  sold;  if  for  cash,  how  the 
funds  were  deposited:  if  sold  on  credit,  to  enforce  the  payment 
forthwith,  whenever  payment  is  due. 

3.  Until  we  have  an  University  the  Superintendent  shall  guard 
the  interest  of  the  University  lands;  and  if  any  is  sold  the  whole 
proceeds  thereof  shall  be  applied  for  the  use  and  benefit  of  the 
University. 

4.  If  at  any  time  there  should  be  a  surplus  fund  not  needed  by 
the  University,  then  said  money  shall  be  invested  either  in  United 
States  bonds  or  bonds  of  the  State  of  Texas. 

5.  The  foregoing  section  shall  also  apply  to  funds  pertaining 
and  belonging  to  the  public  school  fund,  or  the  public  school  fund 
may  be  loaned  on  real  estate,  to  be  first  appraised  by  three  dis- 
interested persons  where  the  property  mortgaged  lies,  and  shall  be 
double  the  value  of  the  amount  loaned  out. 

6.  No  public  school  fund  or  university  fund  or  funds  belonging 
to  either  shall  in  anywise  be  used  for  any  sectarian  institution. 

7.  That  the  scholastic  year  shall  begin  on  the  first  Monday  in 
October  of  each  year. 


228  University  of  Texas  Bulletin 

8.  That  each  teacher  of  a  public  school  shall  teach  at  least  six 
hours  a  day,  but  the  hours  to  begin  or  end  shall  be  determined  by 
the  patrons  of  each  school  district. 

Referred  to  the  Committee  on  General  Provisions. 

September  17,  1875;  p.  1:J4 

Also,  by  Mr.  Davis  of  Brazos,  the  following  resolution: 

Resolved,  That  section  —  of  article  —  of  the  constitution  shall 
read  as  follows: 

•The  Legislature  shall,  as  soon  as  practicable,  provide  for  the  es- 
tablishment of  a  State  University,  for  the  promotion  of  literature 
and  the  arts  and  sciences,  including  an  agricultural  and  mechanical 
department;  and  the  'Agricultural  and  Mechanical  College  of  Texas,' 
established  by  an  act  of  the  Legislature,  passed  April  17th,  1871, 
located  in  the  county  of  Brazos,  shall  be  and  is  hereby  constituted 
a  branch  of  the  State  University,  for  instruction  in  agriculture,  the 
mechanic  arts  and  the  natural  sciences  connected  therewith. 

"The  University  lands  and  the  proceeds  thereof,  and  all  moneys 
belonging  to  the  University  fund,  and  all  grants,  donations  and  ap- 
propriations heretofore  made  under  former  laws  of  this  State,  for 
the  maintenance  and  support  of  a  State  University  and  all  other 
lands  and  appropriations  that  may  hereafter  be  granted  by  the 
State,  shall  be  and  remain  a  permanent  fund  for  the  use  of  the 
State  University.  The  interest  arising  from  the  same  shall  be 
annually  appropriated  for  the  support  and  benefit  of  said  University. 

"And  it  shall  be  the  duty  of  the  Legislature  to  take  measures  for 
the  protection,  improvement  or  other  disposition  of  said  lands,  and, 
as  soon  as  may  be  done,  to  provide  effectually  for  the  permanent 
security  and  investment  of  the  funds  of  said  State  University." 

Referred  to  Committee  on  Education. 

September  18,  1875;  p.  149 

To  Hon.  E.  B.  Pickett,  President  of  the  Convention: 

The  Committee  on  General  Provisions,  to  whom  was  referred 
a  series  of  resolutions  concerning  the  Superintendent  of  Public  In- 
struction and  a  State  University,  instruct  me  to  return  the  same, 
and  recommend  that  they  be  referred  to  the  Committee  on  Educa- 
tion. 

C.   S.   WEST,   Chairman. 

November  17,  1875;  pp.  691-693 

To  the  Hon.  E.  B.  Pickett,  President  of  the  Convention: 

The  Committee  on  Education,  to  whom  was  referred  the  resolu- 
tion of  the  delegate  from  Wood,  providing  for  the  establishment  and 


A  Source  Book  of  the  University  of  Texas  229 

maintenance  of  two  universities,  having  carefully  considered  same, 
as  well  as  several  other  resolutions  upon  the  same  subject  referred 
to  them,  direct  me  to  report  the  following  in  lieu  thereof,  and 
recommend  its  adoption: 

J.   W.   WHITFIELD,   Chairman. 

"UNIVERSITY." 

"Whereas,  From  the  earliest  period  of  Texas  history  the  people 
have,  through  their  representatives,  repeatedly  expressed  a  cherished 
purpose  to  establish  within  the  State  an  institution  of  learning  of  the 
highest  order,  upon  what  is  known  as  the  'university  system,'  and 
have,  from  time  to  time,  illustrated  a  design  to  provide  for  the 
ample  endowment  of  the  same,  in  order  to  place  within  the  reach 
of  their  sons,  whether  rich  or  poor,  an  opportunity  of  acquiring  in 
Texas  a  thorough  education  in  the  classics,  and  in  all  the  branches 
of  the  liberal  arts  and  sciences;  and 

"Whereas.  Beside  other  advantages,  such  an  institution  will 
bring  together  a  large  number  of  young  Texans  in  a  common  field 
of  continuous  intellectual  labor,  thereby  tending  to  encourage  a  love 
of  Texas,  her  history  and  her  institutions;  and 

"Whereas,  To  this  end  liberal  appropriations  have  heretofore  been 
made,  but  not  utilized;  and 

"Wheras,  In  the  opinion  of  your  committee,  the  time  has  arrived 
to  provide  for  the  practical  inauguration  of  the  laudable  work  of 
establishing  a  State  university,  to  this  end  your  committee  recom- 
mend the  adoption  of  the  following  as  a  part  of  the  constitution  of 
the  State: 

[Here  follow  Sections  1  to  6,  which  are  the  same  as  Sections  10  to  15, 
Article  VII,  of  the  Constitution  of  1876,  except  that  "to  be  located  at  or 
near  the  city  of  Austin"  is  replaced  in  two  places  by  "to  be  located  by  a 
vote  of  the  people.]  • 

November  22,  1875;  p.  776. 

Mr.  Whitfield  moved  to  take  up  "Article  — ,  University." — Lost. 
November  23,  1875;  pp.  781-784 

'Article  — ,  University,"  taken  up  and  read  second  time. 

Mr.  Lockett  proposed  to  amend  section  5,  line  58,  by  striking 
out  "Austin"  and  inserting  "Brenham." — Adopted.  . 

Mr.  Whitfield  moved  to  strike  out  the  preamble  down  to  section 
1. — Carried. 

Mr.  Robertson,  of  Bell,  proposed  to  amend  section  1,  after  "Aus- 
tin," by  inserting  "or  Salado." 


290  University  of  Texas  Hi<U<iin 

Mr.  Scott  offered  the  following  as  a  substitute  for  the  amendment: 

"Section  1,  line  19,  strike  out  the  words  "to  be  located  at  or 
near  the  city  of  Austin,"  and  insert  "to  be  located  by  a  vote  of 
the  people  of  the  State." 

Mr.  Robertson's  (of  Bell)  amendment  lost. 

The  question  on  Mr.  Scott's  amendment  was  put  and  adopted 
by  the  following  vote: 

Ykas— Abernathy,  Allison,  Arnim,  Barnett,  Blake,  Blassingame, 
Brady,  Bruce,  Burleson,  Chambers,  Cooke  of  San  Saba,  Crawford, 
DeMorse,  Dillard,  Dohoney,  Ferris,  Fleming,  German,  Graves, 
Henry  of  Limestone,  Henry  of  Smith,  Johnson  of  Collin,  Johnson 
of  Franklin,  Kilgore,  Killough,  Lacy,  McKinney  of  Denton,  Martin 
of  Navarro,.  Norvell,  Rentfro,  Robertson  of  Bell,  Scott,  Sessions, 
Smith,  Spikes,  Wade,  Weaver,  Whitehead,  Wright — 39. 

Nays — Abner,  Ballinger,  Cline,  Cook  of  Gonzales,  Erhard,  Flan- 
agan, Haynes,  King,  Lockett,  McCormick,  Mills,  Mitchell,  Moore, 
Murphy,  Nugent,  Nunn,  Pauli,  Robison  of  Fayette,  Russell  of  Harri- 
son, Sansom,  Stewart,  Stockdale,  West,  Whitfield — 24. 

Mr.  Wade  proposed  to  amend  as  follows: 

Section  2,  line  25,  after  "sale,"  insert  "or  lease."  Section  3, 
line  40,  after  "sold."  insert  "or  leased."  Also  in  line  44,  after 
"sold,"  insert  "lease." 

Mr.    McCormick  offered  the   following  amendment: 

Section  5,  line  56,  strike  out  the  words  "college  or"  and  insert 
"a." 

Lost. 

Mr.  Sansom  proposed  to  amend  line  19  by  inserting  in  lieu  of  the 
amendment  just  adopted  the  words  "at  or  near  the  town  of  George- 
town, county  of  Williamson." 

Lost. 

Mr.  Darnell  offered  the  following  amendment. 

Section  4,  line  50,  insert  "Fort  Worth." 

Lost. 

Mr.  Graves  offered  the  following  amendment: 

Section  5,  lines  56  and  57,  strike  out  "to  be  located  at  or  near 
the  city  of  Austin,"  and  insert  "to  be  located  by  a  vote  of  the 
people." 

Adopted  by  the  following  vote. 

Yeas — Abernathy,  Allison,  Arnim,  Blassingame,  Brown,  Burle- 
son, Cooke  of  San  Saba,  DeMorse,  Dillard,  Dohoney,  Ferris,  Fleming, 
Flournoy,  German,  Graves,  Haynes,  Henry  of  Limestone,  Holt. 
Johnson  of  Collin,  Johnson  of  Franklin,  Kilgore,  Killough,  Lacy, 
McKinney  of  Denton,  Martin  of  Navarro,  Martin  of  Hunt,  Norvell. 
Nugent,  Robertson  of  Bell,  Scott,  Sessions,  Smith,  Spikes,  Stewart, 
Wade,  Weaver,  Whitehead,  Whitefield — 38. 


A  Source  Book  of  the  University  of  Texas  L'.'U 

Nays — Abner,  Brady,  Chambers,  Cline,  Darnell,  Davis  of  Brazos, 
Erhard,  Flanagan,  Henry  of  Smith,  Lockett,  McCormick,  Mills,  Mitchell, 
Nunn,  Pauli,  Rentfro,  Reynolds,  Russell  of  Harrison,  Sansom, 
West,   Wright — 21. 

Mr.  Dohoney  offered  the  following  amendment  to  section  4,  line 
50. 

By  inserting  after  "therewith"  the  words  "and  there  shall  be  es- 
tablished a  branch  of  said  university  at  some  eligible  point  in 
Northern  Texas."     Lost. 

Mr.  Moore  offered  the  following  amendment: 

Amend  line  19  by  adding  after  the  word  'located"  the  words  "by 
commissioners,  to  be  appointed  by  the  Governor,  as  may  be  provided 
by  law." 

Mr.  Dillard  moved  the  main  question  on  engrossing  the  article. 
Carried. 

Mr.  Moore's  amendment  lost  by  the  following  vote: 
Yeas — Abner,  Ballinger,  Brady,  Burleson,  Cline,  Cooke  of  San 
Saba,  Davis  of  Brazos,  Erhard,  Flournoy.  Henry  of  Smith,  Kilgore, 
King,  Lockett,  Mitchell,  Moore,  Murphy,  Nunn,  Pauli,  Rentfro,  Rus- 
sell of  Harrison,  Sansom,  Stewart,  Stockdale,  Wade,  West  Whit- 
field— 27. 

Nays — Abermfchy,  Allison.  Arnim,  Barnett,  EJlassingam^,  Bruce, 
Cook  of  Gonzales,  Crawford,  Darnell,  DeMorse,  Dillard,  Ferris, 
Fleming,  German,  Graves,  Haynes,  Henry  of  Limestone,  Holt,  John- 
son of  Collin,  Johnson  of  Franklin,  Killough,  McCormick,  McKinney 
of  Denton,  Martin  of  Navarro,  Martin  of  Hunt,  Norvell,  Nugent, 
Robertson  of  Bell,  Scott,  Sessions,  Smith,  Spikes,  Weaver,  White- 
head, Wright — 35. 

The  article  was  then  ordered  engrossed  by  the  following  vote: 
Yeas — Abernathy,  Allison,  Ballinger,  Burleson,  Chambers,  Ccok 
of  Gonzales,  Cooke  of  San  Saba,  Darnell,  Davis  of  Brazos,  DeMorse, 
Dillard,  Ferris,  Flournoy,  Graves,  Haynes,  Henry  of  Smith,  John- 
Bon  of  Franklin,  Kilgore,  Killough.  King,  Lacy,  Moore,  Norvell, 
Pauli,  Ramey,  Smith,  Stewart,  Stockdale,  Weaver  Whitehead,  Whit- 
field, Wright — 32. 

Nays — Abner,  Arnium,  Barnett,  Blassingame.  Brady,  Bruce,  Cline, 
Davis  of  Wharton,  Flanagan,  Fleming,  German,  Henry  of  Lime- 
stone, Holt,  Lockett,  McCabe,  McCormick,  McKinney  of  Denton, 
Martin  of  Navarro,  Martin  of  Hunt,  Mills,  Mitchell,  Murphy,  Nugent, 
Pauli,  Rentfro,  Reynolds,  Robertson  of  Bell,  Russell  of  Harrison, 
Scott,  Spikes,  Wade — 31. 

Mr.  Whitfield  moved  to  suspend  the  rules  and  put  the  article  on 
its  third  reading.     Carried. 
•    Article  read  third  time. 

Mr.  Cline  moved  to  strike  out  all  relative  to  location,  in  line  19, 
and  insert  "to  be  located  near  the  capital  of  the  State." 


232  University  of  Texas  Bidletin 

Lost  by  the  following  vote: 

Ykas — Abernathy,  Abner,  Ballinger,  Barnett,  Brady,  Burleson,  Cline, 
Cook  of  Gonzales,  Cooke  of  San  Saba,  Davis  of  Brazos,  Davis  of 
Wharton,  Flanagan,  Flournoy,  Haynes,  Kilgore,  King,  Lockett, 
McCabe,  McCormick,  Martin  of  Navarro,  Mills,  Mitchell,  Moore, 
Murphey,  Nugent,  Nunn,  Pauli,  Rentfro,  Reynolds,  Russell  of  Har- 
rison, Sansom,  Sessions,  Smith,  Stewart,  Stockdale,  West,  Whitfield 
—37. 

Nays — Allison,  Arnim,  Blassingame,  Bruce,  Chambers,  Crawford, 
DeMorse,  Dillard,  Dohoney,  Ferris,  Fleming,  German,  Graves,  Henry 
of  Limestone,  Henry  of  Smith,  Holt,  Johnson  of  Franklin,  Killough, 
Lacy,  McKinney  of  Denton,  Martin  of  Hunt,  Norvell,  Robertson  of 
Bell,  Scott,  Spikes,  Wade,  Weaver,  Whitehead — 28. 

Mr.  McCormick  offered  the  following  amendment: 

Amend  line  5  6  so  as  to  read  "of  a  branch  college  or  university." 

Mr.  McCabe  moved  to  table  the  amendment. 

Lost,  and  amendment  lost. 

Mr.  Brady  proposed  to  amend  by  striking  out  the  word  "Austin" 
in  line  58,  section  5,  and  insert  "Brenham." 

Lost. 

The  article  was  put  upon  its  final  passage,  and  passed  by  the 
following  vote. 

Yeas — Abernathy,  Allison,  Ballinger,  Chambers,  Cook  of  Gon- 
zales, Cooke  of  San  Saba,  Crawford,  Darnell,  Davis  of  Brazos,  De- 
Morse,  Dillard,  Ferris,  Flournoy,  Graves,  Haynes,  Henry  of  Smith, 
Johnson  of  Franklin,  Kilgore,  Killough,  Lacy,  Moore,  Murphy,  Nor- 
vell, Nunn,  Robertson  of  Bell.-lobison  of  Fayette,  Sansom,  Ses- 
sions, Smith,  Stewart,  Stockdale,  Wade,  West,  Whitehead,  Whit- 
field, Wright— 35.  v 

Nays-  Abner,  Arnim,  Barnett,  Blassingame,  Brady,  Bruce,  Burle- 
son, Cline,  Davis  of  Wharton,  Dohoney,  Flanagan,  Fleming,  German, 
Holt,  King,  Lockett,  McCabe,  McCormick,  McKinney  of  Denton, 
Martin  of  Navarro,  Martin  of  Hunt,  Mills,  Mitchell,  Morris,  Nugent, 
Pauli,  Rentfro,  Reynolds,  Russell  of  Harrison,  Spikes — 30. 

November  23,  1875;  p.  789 

Night  session: 

Mr.  Ramey  reported  as  follows: 

Austin,  November  2  3,  187  5. 
To  the  Hon.  E.  B.  Pickett,  President  of  the  Convention. 

Sik:  Your  Committee  on  Engrossed  and  Enrolled  Ordinances 
beg  leave  to  report  to  your  honorable  body  that  they  have  examined 
and  compared  "Article  — ,  University,"  and  an  ordinance  supple- 
mentary to  an  ordinance  "to  provide  for  submitting  the  constitution 
to  a  vote  of  the  people,  and  for  a  general  election  under  its  provi- 
sions," and  find  the  same  correctly  engrossed. 

Wm.  NEAL.  RAMEY,  Chairman. 


A  Source  Book  of  the  University  of  Texas  233 

CONSTITUTION  OP  TEXAS,   1876 

Article    VII.      Education — Public    Free    Schools;    pp.    33-35;    G.    8, 

pp.    811-813 

UNIVERSITY 

Sec.  10.  The  Legislature  shall,  as  soon  as  practicable,  estab- 
lish, organize  and  provide  for  the  maintenance,  support  and  direc- 
tion of  a  university  of  the  first  class,  to  be  located  by  a  vote  of 
the  people  of  this  State,  and  styled  "The  University  of  Texas,"  for 
the  promotion  of  literature,  and  the  arts  and  sciences,  including  an 
agricultural  and  mechanical  department. 

Sec.  11.  In  order  to  enable  the  Legislature  to  perform  the 
duties  set  forth  in  the  foregoing  section,  it  is  hereby  declared  that 
all  lands  and  other  property  heretofore  set  apart  and  appropriated 
for  the  establishment  and  maintenance  of  "The  University  of 
Texas,"  together  with  all  the  proceeds  of  sales  of  the  same,  here- 
tofore made  or  hereafter  so  to  be  made,  and  all  grants,  donations  and 
appropriations  that  may  hereafter  be  made  by  the  State  of  Texas, 
or  from  any  other  source,  shall  constitute  and  become  a  permanent 
university  fund.  And  the  same  as  realized  and  received  into  the 
treasury  of  the  State  (together  with  such  sums,  belonging  to  the 
fund,  as  may  now  be  in  the  treasury),  shall  be  invested  in  bonds 
of  the  State  of  Texas,  If  the  same  can  be  obtained;  if  not,  then  in 
United  States  bonds,  and  the  interest  accruing  thereon  shall 
be  subject  to  appropriation  by  ^he  Legislature  to  accomplish  the 
purpose  declared  in  the  foregoing  section;  provided,  that  one- 
tenth  of  the  alternate  sections  of  the  lands  granted  to  railroads, 
reserved  by  the  State,  which  were  set  apart  and  approprir'ed  to  the 
establishment  of  "The  University  of  Texas,"  by  an  act  of  the  Leg- 
islature of  February  11,  1858,  entitled  "An  Act  to  establish  'The 
University  of  Texas,'  "  shall  not  be  included  in  or  constitute  a  part 
of  the  permanent  university  fund. 

Sec.  12.  The  land  herein  sot  apart  to  the  University  fund  shall 
be  sold  under  such  regulations,  at  such  times,  and  on  such  terms, 
as  may  be  provided  by  law;  and  the  Legislature  shall  provide  for 
the  prompt  collection,  at  maturity,  of  all  debts  due  on  account  of 
University  lands,  heretofore  sold,  or  that  may  hereafter  be  sold, 
and  shall  in  neither  event  have  the  power  to  grant  relief  to  the 
purchasers. 

Sec.  13.  The,  Agricultural  and  Mechanical  College  of  Texas,  es- 
tablished by  an  act  of  the  Legislature,  passed  April  17,  1871, 
located  in  the  county  of  Brazos,  is  hereby  made  and  constituted  a 
branch  of  the  University  of  Texas,  for  instruction  in  agriculture, 
the    mechanic    arts   and   the   natural    sciences   connett«'il    therewith. 


284  University  of  Texas  Bulletin 

And  the  Legislature  shall,  at  its  next  session,  make  an  appropria- 
tion, not  to  exceed  forty  thousand  dollars,  for  the  construction  and 
completion  of  the  buildings  and  improvements,  and  for  providing 
the  furniture  necessary  to  put  said  college  in  immediate  and  suc- 
cessful  operation. 

Sec.  14.  The  Legislature  shall  also  when  deemed  practicable,, 
establish  and  provide  for  the  maintenance  of  a  College  or  Branch 
University  for  the  instruction  of  the  colored  youths  of  the  State, 
to  be  located  by  a  vote  of  the  people;  provided,  that  no  tax  shall 
be  levied,  and  no  money  appropriated  out  of  the  general  revenue, 
either  for  this  purpose  or  for  the  establishment  and  erection  of 
the  buildings  of  the  University  of   Texas. 

Sec.  15.  In  addition  to  the  lands  heretofore  granted  to  the  Uni- 
versity of  Texas,  there  is  hereby  set  apart,  and  appropriated,  for 
the  endowment,  maintenance  and  support  of  said  University  and 
its  branches,  one  million  acres  of  the  unappropriated  public  do- 
main of  the  State,  to  be  designated  and  surveyed  as  may  be  pro- 
vided by  law;  and  said  lands  shall  be  sold  under  the  same  regu- 
lations, and  the  proceeds  invested  in  the  same  manner  as  is  pro- 
vided for  the  sale  and  investment  of  the  permanent  University 
fund;  and  the  Legislature  shall  not  have  power  to  grant  any  re- 
lief to  the  purchasers  of  said  lands. 

Legislative  Department,  pp.  13-14;  G.  8,  pp.  791-792 

ARTICLE  III.     REQUIREMENTS  AND  LIMITATIONS 

Sec.  48.  The  Legislature  shall  not  have  the  right  to  levy  taxes 
or  impose  burdens  upon  the  people,  except  to  raise  revenue  sufficient 
for  the  economical  administration  of  the  government,  in  which  may 
be  included  the  following  purposes: 

The  payment  of  all  interest  upon  the  bonded  debt  of  the  State; 
The  erection  and  repairs  of  public  buildings; 

The  benefit  of  the  sinking  fund,  which  shall  not  be  more  than 
two  per  centum  of  the  public  debt;  and  for  the  payment  of  the 
present  floating  debt  of  the  State,  including  matured  bonds  for 
the  payment  of  which  the  sinking  fund  is  inadequate; 

The  support  of  public  schools,  in  which  shall  be  included  col- 
leges and  universities  established  by  the  State;  and  the  main- 
tenance and  support  of  the  Agricultural  and  Mechanical  College 
of    Texas; 

The  payment  of  the  cost  of  assessing  and  collecting  the  revenue; 
and  the  payment  of  all  officers,  agents  and  employes  of  the  State 
government,   and  all  incidental   expenses  connected  therewith; 


A  Source  Book  of  the  University  of  Texas  235 

The  support  of  the  Blind  Asylum,  the  Deaf  and  Dumb  Asylum  and 
the  Insane  Asylum,  the  State  Cemetery  and  the  public  grounds  of 
the  State; 

The  enforcement  of  quarantine  regulations  on  the  coast  of 
Texas; 

The   protection   of  the  frontier. 

Sec.  49.  No  debt  shall  be  created  by  or  on  behalf  of  the 
State,  except  to  supply  casual  deficiencies  of  revenue,  repel  inva- 
sion, suppress  insurrection,  defend  the  State  in  war,  or  pay  exist- 
ing debt;  and  the  debt  created  to  supply  deficiencies  in  the  revenue 
shall  never  exceed  in  the  aggregate  at  any  one  time  two  hundred 
thousand  dollars. 

P.   52;    G.   8,   p.   830 

ARTICLE  XVI.      GENERAL  PROVISIONS 

Sec.  30.  The  duration  of  all  offices  not  fixed  by  this  Constitution 
shall  never  exceed  two  years. 

FIFTEENTH  LEGISLATURE,  REGULAR  SESSION,  APRIL 
18  TO  ANGUST  1,  1876 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.  B.  208 — By  Mr.  Allison. 

To  amend  the  act  authorizing  the  sale  of  University  lands. 

Replaced   by   H.   B.   377. 
H.    B.    333 — By   Mr.    Lang. 

To  authorize  and  require  the  Board  of  Education  to  invest  the 
proceeds  of  the  sale  of  University  bonds  now  in  the  Treasury  in 
6%  State  bonds. 

Became  a  law.     Same  as  S.  B.  274.     H.  J.,  pp.  363,  442,  448,  455, 
469,  471.      S.  J.,  pp.  452,  462,  486,  865,  876. 
H.    B.    377 — By  Mr.    Allison. 

To  amend  Section  27  of  an  "Act  amendatory  of  an  act  supple- 
mentary to  an  act  authorizing  the  disposition  and  sale  of  the  Uni- 
versity lands"  approved  August  30,  1856.  Approved  Nov.  12, 
1866.      Approved    April    8,    1874. 

Became  a  law  as  S.  B.  52.  H.  J.  pp.  189,  577;  S.  J.  pp.  532, 
535,  545,  563,  629,  649,  661,  676,  681. 

May  30,  1876;  H.  J.  pp.  244,  301 

Mr.  Jones  of  McLennan  presented  the  following  resolutions: 

To  ask  the  Land  Commissioner  to  furnish  in  full  detailed  infor- 
mation concerning  the  sale  of  each  parcel  of  University  land  in 
McLennan  and  Grayson  counties. 


S'>()  University  of  Texas  Bulletin 

S.  B.   52 — By  Mr.  Stephens. 

To  repeal  Section  2  7  of  an  Act  amendatory  of  an  act  authorizing 
the  disposition  and  sale  of  University  lands. 

Favorably  reported.  S.  J.,  pp.  92,  398,  780.  H.  J.,  pp.  462,  496, 
512,   513,   542,  560,   577,   696,   698. 

I  Kami-  as   1 1.    B.  ::tt.] 
S.   B.   134 —  By  Mr.   Stephens. 

To  locate  and  survey  1,000,000  acres  for  the  endowment,  support 
and  maintenance  of  the  University  of  Texas. 

Superseded  by  S.  B.  316.  S.  J.,  p.  158.  H.  J.,  p.  577,  578,  744. 
S.  B.  274 — By  Mr.  Carroll. 

To  require  the  Board  of  Education  to  invest  the  proceeds  of  the 
Sale  of  University  Lands  in  6%   State  bonds. 

Favorably    reported.      Replaced    by    H.    B.    333    which    became    a 
law.     S.  J.  pp.  340,  348;   H.  J.  pp.  363,  443,   448,  455,   469,  577. 
S.    B.    316 — By   Mr.   Terrell 

To  set  apart  1,000,000  acres  for  the  establishment  and  main- 
tenance of  the  University  of  Texas,  and  for  this  purpose  to  reserve 
from    location    the    State    lands    in    Greer    county 

Engrossed.      S.    J.,    p.    420,    454,    689. 
S.  B.  334 — By  Mr.  Terrell. 

To  lease  300  square  feet  of  "College  Hill"  in  the  City  of  Austin. 

Enrolled.     S.  J.,  pp.  491,  506,  808,  822,    831,   860,   880,   884. 
S.   B.    354 — By  Mr.    Blassingame. 

To  authorize  the  Commissioner  of  the  General  Land  Office  to 
appoint    a    surveyor    of    University    lands. 

Became  a  law.  S.  J.,  pp.  716,  720,  724,  780,  781,  787,  788.  H.  J., 
pp.  851,  858,  866. 

GENERAL    LAWS 

H.  B.  377;   S.  B.  52;   Ch.  69,  p.  75;   G.  8,  p.  911 

l.v  ACT  to  amend  section  twenty-seven   of  "An  Act  authorizing   the 
disposition   and   sale   of    the    University    lands,"   approved   April   8, 
181 ).   and   to   validate   all   sales  of   eighty  acres  to  any  one  person. 
Section  1.     Be  it  enacted  oy  the  Legislature  of  the  State  of  Texas, 
That     section     twenty-seven     shall     hereafter     read     as     follows: 
"In  case  any  of  the  said  University  lands  are  not  sold  and  taken 
up  by  actual  settlers,  as  provided  for  in  the  act,  to  which  this  is 
amendatory,   any  other  person  may  purchase  the  same  at  not  less 
than  the  minimum  price  fixed  by  the  Commissioners,  and  upon  the 
same  terms  as  actual  settlers,   and  upon  the  same  conditions  con- 
tained   in    section    thirteen    of    said    act;    provided,   that   no   person 
shall   purchase   more   than   one   hundred   and   sixty   acres,   and  not 
less   than   eighty  acres;    and    provided    further,    that    if    under    the 
provisions  of  this   section   any  improved   lands  should   be   sold,   the 


A  Source  Book  of  the  University  of  Texas  237 

purchaser  thereof  shall  pay  for  the  enhanced  value  of  said  land  by 
reason  of  improvements  in  addition  to  the  appraised  value  thereof, 
which  enhanced  value  shall  be  assessed  under  oath  by  two  disin- 
terested freeholders  of  the  county  where  situated,  and  by  them  at 
the  cost  of  the  purchaser  to  be  reported  to  the  Commissioner  of 
the  General  Land  Office,  who  shall  add  the  same  to  the  appraised 
value  of  said  land  under  this  act,  and  when  other  than  a  settler 
applies  to  purchase,  his  application  shall  be  accompanied  by  his 
affidavit,  stating  that  there  is  no  actual  settler  on  the  land,  and 
stating  further  whether  it  is  improved  or  unimproved;  provided 
that  all  sales  of  University  lands  of  not  more  than  one  hundred 
and  sixty  acres,  and  not  less  than  eighty  acres,  made  since  the 
8th  day  of  April,  1874,  if  made  in  accordance  with  the  provisions 
of  this  act  as  now  amended,  shall  be  deemed  as  valid  as  if  made 
after  the  passage  of  this  act;  provided  further,  that  nothing 
herein  contained  shall  be  construed  so  as  to  validate  any  sale  of 
land  where  more  than  one  hundred  and  sixty  acres  were  bought 
by  any  one  person,  nor  where  the  purchaser  has  failed  to  settle 
upon  the  land  in  accordance  with  this  act,  and  the  act  to  which 
this  is  amendatory;  and  provided  further,  that  should  there  be 
more  than  eighty  acres  of  land  in  one  body,  the  purchaser  shall 
take  the  whole,  not  to  exceed  one  hundred  and  eighty  acres;  pro- 
vided further,  that  the  provisions  of  this  act  shall  extend  to  and 
include  all  University  lands  that  have  been  sold  and  afterwards 
bought  in  by  the  State,  or  have  in  any  manner  reverted  to  and 
become  property  of  the  State." 
Approved  July   29,   187  6. 

S.  B.  354;   Ch.  80,  p.   184;   G.  8,  p.  970 

'AN  ACT  to  authorize   the  Commissioner   of   the  General  Land   Office 
to  appoint  a  Surveyor. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Commissioner  of  the  General  Land  Office  is  hereby 
authorized  and  required  to  appoint  a  competent  Surveyor,  when- 
ever he  may  deem  it  necessary  to  establish  the  lines  and  corners, 
in  accordance  with  the  provisions  of  "An  Act  authorizing  the  dis- 
position and  sale  of  the  University  Lands,"  approved  April  8,  1874. 

Approved   August    12,    1876. 

H.  B.  333;  .S.  B.  274;    C\\.    128;    pp.   216;    G.  8,  p.   1053 

AN  ACT  to  authorize  and  require  Hie  state  Board  of  Education  to 
invest  the  proceeds  of  the  sale  of  University  Lamls  now  in  the 
State  Treasury,   in  six  per  cent  State  Bonds. 


238  University  of  Texas  Bulletin 

Suction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  State  Board  of  Education  is  hereby  authorized 
and  required  to  invest  the  proceeds  of  the  sale  of  University  lands 
now   in   the   State   Treasury   in    six   per   cent.    State   Bonds. 

Sec.  2.  That  whenever  the  interest  on  the  bonds  now  belonging 
to  the  University  Fund,  together  with  interest  on  the  bonds  con- 
templated in  this  act,  shall  amount  to  the  sum  of  ten  thousand 
dollars,  it  shall  be  the  duty  of  the  School  Board  to  collect  the  same 
and  invest  it  in  the  bonds  of  the  State. 

Approved  August   19,    1876. 

SIXTEENTH  LEGISLATURE,   REGULAR   SESSION,   JAN- 
UARY 14  TO  APRIL  24,  1879 

MESSAGES    OF   GOVERNOR   O.    M.    ROBERTS 
January  14,  1879;  H.  J.  pp.  59-60;  S.  J.  pp.  57-58 

STATE  UNIVERSITY   LANDS 

There  have  been  appropriated,  set  apart  and  surveyed  already, 
two  hundred  and  nineteen  thousand,  nine  hundred  and  six  (219, 
906)  acres  of  land  for  the  establishment  and  maintenance  of  "The 
University   of   Texas." 

The  constitution  (art.  VII,  sec.  11),  provides  that  the  proceeds 
of  the  sales  of  said  lands  shall  be  invested  in  the  bonds  of  the 
State  of  Texas,  if  to  be  obtained,  and  if  not,  then  in  United  States 
bonds,  and  shall  constitute  a  permanent  university  fund,  the  in- 
terest of  which  only  can  be  used  by  the  Legislature  "to  accomplish 
the  purpose  declared  in  the  foregoing  section";  one-tenth,  how- 
ever, of  the  alternate  sections  of  the  lands  granted  to  railroads, 
reserved  by  the  State  by  the  act  of  February  11,  18  58,  entitled 
"an  act  to  establish  the  University  of  Texas,"  is  not  included  in, 
and   does  not  constitute   a   part  of  the   permanent   university   fund. 

These  lands  are  valuable,  estimated  to  be  worth  on  an  average 
three  dollars  and  a  half  per  acre.  Under  the  present  restrictions 
however,  imposed  by  law,  as  to  quantity,  and  requiring  actual  set- 
tlement thereon,  many  years  will  elapse  before  the  sales  thereof 
will  materially  increase.  If  removed,  in  a  short  while,  I  respect- 
fully suggest,  the  available  funds  thus  realized  would  be  amply 
sufficient  to  meet  the  great  objects  contemplated  by  the  Congress 
of  the  Republic  and  the  early  Legislature  of  Texas.  To  your  wis- 
dom I  commend  these  suggestions. 

I  refer  you  especially  to  the  report  of  the  attorney  general  in 
relation  to  certain  sales  of  these  university  lands  in  the  county  of 
McLennan,  in  which  the  title  of  the  State  has  been  called  in  ques- 


A  Source  Book  of  the  University  of  Texas  239 

tion  by  a  recent  decision  of  the  United  States  court  at  Austin.  In 
any  and  all  instances  where  the  State  has  sold  lands  to  her  citizens 
and  received  consideration  therefor,  in  whole  or  in  part,  and  the 
title,  when  adjudicated  by  a  tribunal  of  competent  jurisdiction  has 
been  adjudged  null  and  void,  then  the  first  duty  of  the  State  is 
to  reimburse  both  the  principal  and  interest  thereon  to  the  citizen 
who  may  be  thus  injured  by  his  innocent  purchase  from  the  State. 
But  the  State  cannot  be  concluded  by  a  judgment  in  any  court  to 
which  she  was  not  a  party,  and  cannot  be  made  such  under  the 
Constitution,    without    her   consent. 

January  21,   1879;   H.  J.,  pp.  111-112;   S.  .1.,  pp.   101-102 

Inaugural  Address  of  Governor  Roberts 

*  *  *  Another  great  benefit  generally  expected  to  be  de- 
rived is  from  the  donation  of  lands  set  apart  to  the  permanent 
common  school  fund.  This,  however,  will  prove  delusive  if  it  is 
expected  to  raise  a  fund  in  a  distant  future  under  the  present  man- 
agement that  will  relieve  the  people  from  the  taxes  which  they 
now  pay  to  support  the  free  common  schools.  For  under  the  pres- 
ent mode  of  disposing  of  these  lands  the  scholastic  population  will 
increase  faster  than  the  fund.  And  the  same  thing  applies  to  the 
lands  set  apart  for  the  schools  for  the  deaf  and  dumb,  and  blind, 
and  for  the  lunatic  asylum.  And  the  same  policy  will  postpone 
indefinitely  the  buildrng  of  a  university,  which  should  be  erected 
at  the  capital  of  the  State  for  the  education  of  Texas  youths,  in- 
stead of  sending  them  out  of  the  State  to  be  educated,  and  to  re- 
turn home  strangers  to  Texas. 

February   •>,    1879;    H.   J.,   pp.   262-205;    S.  J.,   pp.  202-20 » 

To  the  Honorable  the  Senate  and  House  of  Representatives  in  Legist 
lature  assembled: 

The  schools  of  different  grades  in  Texas  demand  the  attention 
and  fostering  care  of  the  Legislature.  Upon  their  present  condition 
and  operation  I  beg  leave  to  submit  some  views  for  your  considera- 
tion.     And  first  upon  the  University  of  Texas: 

As  early  as  1839  fifty  leagues  of  land  were  donated,  and  after- 
wards set  apart  for  a  state  university.  That  land  has  been  sur- 
veyed and  is  situated  in  the  counties  of  Cooke,  Fannin,  Grayson, 
Hunt,  Collin,  Lamar,  McLennan,  Shackelford,  and  Callahan;  there 
being  now  unsold  219,906%  acres,  much  of  which  is  very  valuable, 
compared   to    other   lands    in    the    State. 

By  the  act  of  1874,  page  seventy-two,  as  amended  by  the  act 
of    1876,    page   seventy-five,    it  is   obviously   intended    to   have   these 


iMo  University  of  Terns  Bulletin 

lands  sold  to  settlers  and  to  persons  who  will  settle  them  in  tracts 
of  one  hundred  and  sixty  acres  to  one  person,  to  be  valued  at  not 
less  than  $1.50  per  acre,  payable  in  ten  annual  installments  with 
ten  per  cent,  interest.  The  land  being  in  league  tracts,  the  com- 
pensation for  surveying  and  valuing  the  small  tracts  thus  sold 
renders  their  sale  expensive.  They  are  selling  very  slowly  as 
shown  by  the  amount  of  the  permanent  university  fund  derived 
from  their  sale. 

When,  about  forty  years  ago,  this  liberal  donation  was  made,  it 
could  hardly  have  been  anticipated  that  at  this  remote  period  there 
would  be  no  university  in  Texas.  It  has  happened  from  the  policy 
of  selling  it  in  small  parcels,  and  by  almost  hiring  settlers  to  buy 
it  by  a  long  time  credit  at  a  low  valuation  by  their  neighbors. 

Settlers  in  a  tide  of  immigration  have  passed  over  many  of 
these  lands  of  the  finest  quality  for  hundreds  of  miles  and  bought 
lands  from  private  owners.  If  the  same  policy  is  persisted  in  it 
will  be  twenty  years,  and  it  may  be  forty  years  more  before  Texas 
will  have  a  university,  when  its  founders  and  most  of  their  child- 
ren shall  have  disappeared  from  the  stage  of  action.  The  con- 
stitution of  1876  donates  to  the  university  one  million  acres  of  the 
public  domain,  to  be  surveyed  and  sold  as  other  university  lands, 
which    has   not    been    done. 

The  means,  then,  of  the  University  may  be  stated  as  follows: 

Lands   unsold   and   surveyed,   acres 219,806% 

Lands    appropriated    but    not    surveyed,    acres 1,000,000 


1,219,906  V-2 

Texas    State    bonds,    6% $175,500.00 

Texas    State    bonds,    7% 9,000.00 

Texas    State   .bonds,    10% 44,496.00 

Cash   to   be  invested   in   bonds 8,875.18 

$237,870.18 
Notes  for  land  sold    207,600.00 


$445,470.18 


If  steps  should  be  taken  now  to  have  the  one  million  of  acres 
public  land  set  apart  and  all  the  lands  sold,  as  I  have  recom- 
mended, we  may  expect  in  a  few  years  to  have  a  university  in 
Texas.  This  is  equally  important  as  to  have  common  schools, 
for  while  the  one  elevates  the  masses  to  a  certain  degree  in  the 
scale  of  civilization,  the  other  is  a  necessity  in  this  age  to  properly 
direct   it   in   the  progress  to   power  and   prosperity.      It  is   declared 


A  Source  Book  of  the  University  of  Texas  '41 

expressly  in  the  constitution  of  1876  that  "the  University  of  Texas" 
shall  be  located  by  a  vote  of  the  people. 

In  the  same  instrument  is  found  the  following  provision:  "The 
Agricultural  and  Mechanical  College  of  Texas,  established  by  an 
act  of  the  Legislature,  passed  April  17,  1871,  located  in  the  county 
of  Brazos,  is  hereby  made  and  constituted  a  branch  of  the  Uni- 
versity of  Texas,  for  instruction  in  agriculture,  the  mechanic  arts, 
and    the    natural    sciences    connected    therewith." 


Under  this  law  of  Congress,  Texas  might  have  erected  a  college 
in  which  the  pupils  were  supported  and  taught  agriculture  and 
the  mechanic  arts  practically  and  scientifically,  for  the  purpose  of 
increasing  the  skilled  labor  of  the  country,  which  seems  to  be  the 
object  mainly  contemplated  by  the  convention  by  the  direction 
given,  as  above  quoted,  in  making  this  institution  at  Bryan  a 
branch  of  the  University  of  Texas,  to  be  hereafter  located  by  a 
vote  of  the  people.  But  before  this  direction  was  given  by  the 
constitution  of  187  6,  a  law  was  passed  by  the  Legislature,  March 
9,  1871,  organizing  this  institution  in  which  it  was  provided  that 
the  interest  of  the  fund  should  be  applied  by  the  board  of  directors 
appointed  for  its  management,  to  the  payment  of  the  directors, 
officers,   and   professors   of   the   college. 


By  the  resolution  adopted  at  said  last  meeting  it  will  be  seen 
that  the  college  at  Bryan  has  been  given  a  direction  more  in  har- 
mony with  the  provision  in  the  constitution  "for  instruction  in 
agriculture,  the  mechanic  arts,  and  the  natural  sciences  connected 
therewith."  This  is  obviously  intended  to  be  its  sphere  of  action 
in  and  as  part  "of  the  University  of  Texas,"  as  contemplated  by 
our  organic  law;  and  in  reference  to  it  in  this  point  of  view,  there 
are  certain  unquestionable  facts  that  should  be  borne  in  mind, 
namely: 

That  it  could  not  have  been  designed  by  Congress  in  furnishing 
to  the  states  donations  of  land  to  found  agricultural  and  mechani- 
cal colleges  to  promote  the  cause  of  literary  and  scientific  educa- 
tion as  taught  generally  in  colleges,  universities  and  academies  all 
over  the  United  States,  but  rather  to  educate  skilled  laborers,  as 
they    are    taught    in    Europe,    and    thereby    secure    skilled    labor    at 

home,    instead    of    importing    it    from    abroad    as    has    always    1 n 

heretofore  done  to  a  very  large  extent,  from  the  earliest  settlement 
of  this  continent  by  Europeans;  that  those  who  are  highly  educated 
in  literature  and  the  sciences  generally  are  seldom  Found  to  spend 
their  lives  between  the  plow  handles  or  in  the  work  shop  or  other- 
wise,  where   such   learning   is   or  can    be   made   contributory    to    the 

16—227 


242  University  of  Texas  Bulletin 

elevation  or  improvement  of  labor;  that  we  lack  in  Texas  skilled 
laborers  more  than  men  learned  in  literature  and  science  that  fit 
I  hern  for  and  induce  them  to  follow  the  learned  professions. 


PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  101.     By  Mr.  Reeves. 

To  refund  money  not  credited  to  purchasers  of  University  lands. 

Failed   in    Senate.      H.    J.    pp.    158,    229,    899,    1025,    1029;    S.    J. 
pp.  865,  876,  899. 
H.  B.  138.     By  Mr.  Daugherty. 

To  require  the  issuance  of  patents  to  purchasers  of  University 
lands  und-er  Act  of  August  30,  1856. 

Became  a  law.  Equal  to  S.  B.  166.  H.  J.  pp.  182,  254,  462,  487, 
587,  761,  774;  S.  J.  pp.  246,  446,  519,  555,  567,  586,  830,  842,  924. 
H.  B.  218.     By  Mr.  Taylor  of  Fannin. 

To  extend  the  payment  of  dues  arising  from  the  sale  of  University 
lands. 

Failed — unconstitutional.     H.  J.  pp.  286,  631. 
H.  J.  R.  21.     By  Mr.  Douglass. 

To  authorize  the  attorney  general  to  institute  suit  to  establish 
title  to  University  lands  in  McLennan  and  Hill  Counties. 

Became  a  law.     S.  J.  pp.  212,  213,  216,  267,  283,  293;   H.  J.  pp. 
92,  231,  248,  249,  250,  277,  309,  310,  313,  314,  381,  406,  407. 
S.  B.  166.     By  Mr.  Blassingame. 

To  require  the  issuance  of  patents  to  purchasers  of  University 
land  in  accordance  with  the  original  subdivisions  of  the  act  of 
August  30,  1856.     H.  J.  p.   1228. 

S.  J.  166  equal  to  H.  B.  138. 
S.  B.  301.     By  Mr.  Burton. 

To  better  establish  the  A.  and  M.  school  for  the  benefit  of  colored 
youths. 

Became  a  law.      S.   J.   pp.    325,   356;    H.   J.   pp.   921,    1271,   1279, 
1281,   1291,  1299,   1315. 
S.  B.  328.     By  Mr.  Terrell. 

To  repeal  the  Revised  Statutes  in  regard  to  surveying  school  and 
University  lands. 

S.  J.  pp.  681-683,  689,  690,  693,  694,  721;  H.  J.  pp.  903,  924, 
1304,  1373,   1388. 


A  Source  Book  of  the  University  of  Texas  243 

GENERAL   LAWS 

H.  B.  138 — S.  B.  166;   Ch.  39,  p.  39;   G.  8,  p.  1339 

'An  Act  requiring  the  commissioner  of  the  general  land  office  to  issue 
patents  to  parties  purchasing  university  lands  in  accordance  with 
the  original  subdivisions  made  under  the  act  approved  August  80, 
1856. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  commissioner  of  the  general  land  office  be  and  he  is  here- 
by authorized  and  required  to  issue  patents  to  all  parties  purchas- 
ing university  lands  in  accordance  with  the  original  subdivisions, 
as  made  under  the  provisions  of  "an  act  authorizing  the  disposition 
and  sale  of  university  lands,"  approved  August  30,  1856,  where 
said  subdivisions  have  been  made  and  field  notes  filed  in  the  gen- 
eral land  office  in  accordance  with  said  act;  and  if  it  should  appear 
from  actual  survey  on  the  ground,  conforming  to  the  lines  and 
corners  of  said  original  subdivisions,  that  there  is  in  any  subdivi- 
sion more  or  less  than  one  hundred  and  sixty  acres,  the  commis- 
sioner of  the  general  land  office  shall  issue  patent  for  the  number 
of  acr«s  contained  in  said  subdivision,  upon  the  purchaser  paying 
Into  the  state  treasury  the  amount  per  acre  that  the  subdivision  may 
have  been  appraised  at;  provided,  that  this  act  shall  not  affect  any 
rights  hereofore  acquired  under  the  existing  laws  relative  to  said 
university  lands. 

Approved  March  20,  A.  D.  1S7  9. 

S.  B.  301;   Ch.  159;  pp  181,  G.  8,  p.  1481 

An  Act  to  provide  for  the  organization  and  support  of  a  Normal  School 
at  Prairie  View  (formerly  called  Alta  Vista),  in  Waller  county,  for 
the  preparation   and   training   of   colored  teachers. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  there  shall  be  established  at  Prairie  View  (formerly  called 
Alta  Vista),  in  Waller  county,  in  this  state,  a  normal  school  for  the 
preparation  and  training  of  colored  teachers. 

Sec.  4.  It  shall  be  the  duty  of  the  comptroller  of  public  ac- 
counts annually  to  set  apart  out  of  the  interest  accruing  from  the 
university  fund,  appropriated  for  the  support  of  public  free  schools, 
the  sum  of  six  thousand  dollars  for  the  support  of  said  normal 
school,  and  place  said  sum  to  the  credit  of  said  normal  school,  and 
the  same  may  be  drawn  by  the  board  of  directors  on  vouchers 
audited  by  the  board  or  approved  by  the  governor  and  attested  by 
the  secretary;  and  on  filing  such  vouchers  the  comptroller  shall 
draw  his  warrant  on  the  state  treasurer  for  the  same  from  time 
to  time  as  the  same  may  be  needed. 

Approved  April  19,  1879. 


•_>  1 1  University  of  Texas  Bulletin 

[Batts'  Annotated  Civil  Statutes  of  Texas,  Vol.  2,  p.  662  (12734),  says: 
"This  has  bei  n  ree  i(1,  '■  as  unconstitutional  and  has  not  been  acted  upon." 
This  is  tnn  in  pari  University  money  amounting  to  $14,844.75,  however, 
u:,  {..di  under  this  act;  under  Chapter  79,  Act  of  April  1,  1881;  and 
under  Chapter  19,  Act  of  July  9,  L879.  See  page  582  for  an  opinion  of  the 
Attorney  General,  which,  strangelj  enough,  does 'not  deal  with  the  question 
of  constitutionality.] 

11.  J.  R.  21;  Number  5,  p.  1X7;  G.  8,  p.  1487 

Joint  Resolution  authorizing  and  directing  the  attorney  general  to 
institute  and  prosecute  such  legal  proceedings  as  may  be  necessary 
to  establish  the  title  of  the  State  to  her  university  lands  in  Mc- 
Lennan and  Hill  counties,  and  to  remove  all  clouds  upon  said  title. 

Whereas,  Certain  persons  have  set  up  some  pretended  claim  to 
certain  portions  of  the  state  university  lands  in  McLennan  and  Hill 
counties,  under  some  sort  of  pretended  titles,  derived  otherwise 
than  through  the  state;   and 

Whereas,  many  persons  have  in  good  faith  purchased  said  lands 
from  the  state  ,and  have  settled  thereon  upon  the  faith  of  the 
state's  title;    and 

Whereas,  by  the  act  of  March  6,  1875,  further  payments  to  the 
state  on  account  of  said  purchases  were  deferred  until  the  title  to 
said  lands  should  be  settled,  and  it  is  to  the  interest  of  the  state, 
as  well  as  her  duty  to  the  said  vendees,  to  have  said  title  ad- 
judicated and  finally  cleared  and  determined,  therefore, 

Section  1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  attorney  general  of  this  state  be  and  he  is  hereby  author- 
ized and  empowered,  if  deemed  necessary  to  protect  the  rights  of 
the  state,  to  institute  such  legal  proceedings  in  the  proper  courts  as 
he  may  deem  proper  and  necessary  for  determining  and  finally 
settling  the  title  of  the  state  to  all  or  any  portion  of  the  university 
lands  situated  in  said  McLennan  and  Hill  counties. 

Sec.  2.  Be  it  further  resolved,  That  there  is  hereby  appropriated 
out  of  any  money  in  the  treasury  belonging  to  the  university  fund, 
not  otherwise  appropriated,  the  sum  of  five  hundred  dollars,  or  so 
much  thereof  as  may  be  necessary,  for  the  purpose  of  paying  the 
fees  of  court,  cost  of  taking  testimony,  and  other  costs  of  court 
necessary  in  the  prosecution  of  said  suit. 

Whereas,  there  is  litigation  now  pending  in  regard  to  the  lands 
named  in  the  above  resolution,  therefore  an  imperative  public  ne- 
cessity exists  that  steps  should  at  once  be  taken  to  guard  the  in- 
terest of  the  state,  therefore,  that  this  resolution  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  February  19,  A.  D.  1879. 


A  Source  Book  of  the  University  of  Texas  245 

SIXTEENTH  LEGISLATURE,  CALLED  SESSION,  JUNE  10 
TO  JULY  9,  1879 

MESSAGE  OF  GOVERNOR  O.  M.  ROBERTS 
June  10,  1879;  H.  J.  pp.  7-8,  11;  S.  J.  pp.  7-8,  11 

Fifth:  to  provide  for  the  sale  of  the  university  lands  more  ex- 
peditiously, and  the  investment  of  the  proceeds  thereof,  there  being 
now,  of  bonds,  money  and  notes  belonging  to  said  fund  something 
less  than  one-half  a  million  dollars,  and  of  lands  surveyed  and  un- 
surveyed,  one  million  and  over  two  hundred  thousand  acres,  in  order 
that  in  some  reasonable  time  in  the  future  a  state  university  may  be 
established,  which  has  already  been  deferred  forty  years,  since  the 
donation  of  fifty  leagues  of  land  to  it,  and  may  be  deferred  forty 
more  under  the  present  mode  of  selling  and  not  selling  its  lands. 

At  one  time  $100,000  of  the  common  school  fund,  and  at  another 
time  $100,000  of  the  University  fund  were  taken  for  that  purpose, 
and  at  other  times  the  proceeds  of  the  sale  of  our  New  Mexican 
territory  were  used  to  defray  the  expenses  of  the  State  Government. 
This  does  not  show  an  entire  want  of  political  wisdom  in  those  who 
controlled  our  public  affairs  throughout  the  whole  period,  when  we 
come  to  understand  the  condition  of  things  under  which  they  acted, 
so  much  as  it  does  the  great  difficulty  for  any  one,  under  such  dis- 
turbing causes,  continually  recurring,  to  anticipate  with  any  cer- 
tainty prospective  revenues,  and  prospective  expenses,  so  as  to  insure 
their  being  equal  to  each  other. 

Proceedings  in  the  L/egislature 

H.  B.  36.     By  Mr.  Goodson. 

To  change  the  form  of  certain  securities. 

Became  a  law.     H.  J.  pp.  125,  138,  153,  158,  175,  239,  252,  274, 
285,  303;   S.  J.  pp.   246,  250,  256,  281,  282. 
S.  B.  9.     By  Mr.  Edwards. 

To  supplement  and  amend  the  regular  appropriation   bill. 
S.  J.   167. 

Senator  Ford  offered  the  following  amendment: 

After  the  words  "Prairie  View"  in  line  twenty-eight,  add  "1600 
to  be  taken  from  the  University  fund." 

Adopted.     H.  J.  p.  277.     Adopted  44  to  31. 
S.  B.  14 — By  Mr.  Davenport. 

To  provide  for  the  sale  of  asylum,  university  and  public  free 
school  lands. 

Replaced  by  S.  B.  23.     S.  J.  pp.  71,  201,  23  4,  2.".  I. 


246  University  of  Texas  Bulletin 

S.   B.  23 — By  Mr.  Lane. 

To  provide  lor  the  sale  of  alternate  sections  of  land  set  apart 
for  the  support  of  the  public  free  schools. 

Amended  to  include  university  lands.  Not  engrossed.  S.  J.  pp. 
71,  201,  234,  254. 

GENERAL   LAWS 

H.  B.  30;  Ch.  18,  pp.  16-17.     G.  9,  pp.  48-49 

An  Act  to  change  the  form  of  certain  securities  therein  named. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  coupon  bonds  in  the  state  treasury  to  the  credit  of  the  Uni- 
versity fund,  University  land  sales,  the  permanent  school  fund,  the 
Agricultural  and  Mechanical  College  fund,  the  Deaf  and  Dumb  Asy- 
lum fund,  the  Blind  Asylum  fund  and  the  Lunatic  Asylum  fund,  be 
changed  into  manuscript-registered  bonds,  so  framed  as  to  include  in 
each  bond  as  large  an  amount  of  each  series,  belonging  to  each  fund 
as  may  be  practicable  and  convenient,  to  be  executed  and  signed  by 
the  governor  and  treasurer  and  countersigned  by  the  comptroller, 
payable  to  each  of  these  several  funds,  bearing  the  same  rate  of  in- 
terest and  payable  at  the  same  periods  as  set  forth  in  the  coupon 
bonds;  and  that  said  bonds,  so  executed,  after  being  compared  and 
found  correct  as  to  amounts  due  the  several  funds,  and  so  certified 
to  by  the  governor,  comptroller  and  treasurer,  shall  be  registered  in 
the  comptroller's  and  treasure's  offices. 

Sec.  2.  That  after  the  coupon  bonds  are  so  substituted  by  the 
manuscript-registered  bonds,  the  said  coupon  bonds  shall  be  burned 
by  the  comptroller  and  treasurer  in  the  presence  of  the  governor, 
and  a  list  of  the  bonds  so  destroyed  shall  be  filed  in  the  office  of 
the  comptroller  and  treasurer. 

Sec.  3.  That  hereafter  whenever  coupon  bonds  to  the  amount  of 
ten  thousand  dollars,  shall  come  into  the  treasury  to  the  credit  of 
either  of  the  funds  named  in  this  bill,  they  shall  be  substituted  by 
i-egistered-manuscript  bonds  as  provided  for  in  the  first  section  of 
this  act,  and  the  coupon  bonds  destroyed  as  provided  in  section  two. 

Approved  July  5,  A.  D.  1879. 

S.   B.  9;   Oh.  49,  p.  45;  G.  9,  p.  77 

An  act  supplemental  to  and  amendatory  of  an  act  entitled  "an 
Act  to  make  an  appropriation  for  the  support  of  the  State  gov- 
ernment for  the  years  beginning  March  1,  1879,  and  ending 
February   28,    1881,"   approved   April   23,    1879. 


A  Source  Book  of  the  University  of  Texas  247 

AGRICULTURAL   AND    MECHANICAL    COLLEGE 

For  cabinet,  library  and  agricultural  implements, 
to  be  expended  as  may  be  directed  by  the 
board  to  be  paid  out  of  interest  arising  from 
the  university  fund    • $7,500      $7,500 

PRAIRIE   VIEW  AGRICULTURAL   COLLEGE 

Additional  for  the  branch  agricultural  college  for 
colored    youths    at    Prairie    View,    to    be    taken 

from  the  university  fund $1,600 

Approved   July    9,    1879. 

SEVENTEENTH  LEGISLATURE,  REGULAR  CALLED  SES- 
SION, JANUARY  11  TO  APRIL  1,  1881 

MESSAGES  OF  GOVERNOR  O.  M.  ROBERTS 

January  18,  1881;  S.  J.,  p.  24  1,  24m 

She  has  endowed  ....  [her]  University  with  1,221,400  acres 
of  land,  enough  of  which  have  been  sold  to  begin  its  establishment 
now. 

.  That  other  essential  point  is  an  improvement  in 
the  execution  of  the  laws  for  the  protection  of  life  and  property, 
both  in  their  expedition  and  force.  That  is  an  imperious  necessity 
resting  upon  us  now.  And  while  giving  especial  attention  to  that, 
we  may  maintain  our  public  free  schools,  enlarge  our  means  for 
their  future  improvement  by  the  more  rapid  sale  of  its  land,  lay 
the  foundation  of  an  university,  encourage  our  Agricultural  and 
Mechanical  College,  establish  additional  normal  schools,  and 
thereby  give  an  impetus  to  our  educational   interests  generally. 

January  27,   1881;    S.  J.  p.  44 

THE  EDUCATIONAL  INTERESTS  OF  THIS  STATE  in  all  of 
its  grades  from  the  highest  to  the  lowest,  should  be  regulated 
and  adapted  to  the  wants  of  the  people  in  every  condition 
of  life,  should  have  in  all  of  its  parts  and  branches  a  well  defined 
consistency,  and  relation  of  one  to  the  other  in  the  different  gradua- 
tions, and  should  all  be  under  the  same  supervisory  government,  and 
control,  to  the  extent,  that  it  is  fostered  by  the  State  government, 
not  including  private  institutions  of  learning. 

The  natural  division  jn  the  gradation  of  schools,  in  order  to 
meet  the  wants  of  the  people,  is  into  three  steps  or  degrees  of 
education,  the  common  schools  for  the  millions,  tin-  academies   tor 


248  University  of  Texas  Bulletin 

the  thousands,  and  the  college  or  university  for  the  hundreds. 
So  it  has  been,  and  ever  will  be,  and  the  encouragement,  and  pro- 
vision tor  each  degree  are  equally  essential,  in  the  effort  to  elevate 
Bociety  to  a  Iiigh  standard  of  civilization.  Attention  to  either  one, 
to  the  neglect  of  any  other,  will  necessarily  produce  disharmony 
in  its  natural  order  as  a  system,  and  a  deficiency  in  the  attain- 
ment of  thr  desirable  objects  as  an  entirety.  Being  as  a  whole, 
placed  under  the  same  supervisory  control,  a  curriculum,  or  course 
of  study  could  and  should  be  prescribed  for  and  enforced  in  each 
grade,  so  as  to  be  in  harmony  in,  and  throughout  the  different 
grades  established,  and  so  as  not  to  interfere  and  conflict  with 
one  another,  in  the  whole  course  of  education,  fostered  by  the 
State.  Fortunately,  Texas  is  now  in  condition  to  initiate  meas- 
ures, that  will  eventuate  in  this  grand  result.  We  have  the  means, 
as  you  will  see  exhibited,  and  explained  in  the  report  of  the  Board 
of    Education,    to    commence. 

THE    INSTITUTION   OP   A  UNIVERSITY 

That,  under  the  Constitution,  will  require  the  Legislature  to  sub- 
mit the  question  of  its  locality  to  the  voters  of  the  State,  which  I 
respectfuly  recommend  as  proper  to  be  done  during  the  present 
session.  It  is  much  to  be  desired  that  it  shall  be  located  at  the 
seat  of  government,  at  Austin,  where  forty  acres  of  land  were  set 
apart  for  it,  in  a  most  beautiful  situation,  in  laying  off  the  city, 
indicating  thereby  the  voice  of  the  founders  of  our  institutions, 
as  to  where  it  should  be  located.  It  would  be  here,  where  the 
members  of  the  Legislature  at  every  session  could  conveniently 
give  it  their  attention  and  encouragement,  and  here  would  be  con- 
gregated the  youths  of  the  county  to  imbibe  common  ideas,  acquire 
a  love  of  our  State,  its  history  and  institutions;  and  in  whatever 
positions  in  life  they  might  afterwards  be  placed,  they  would  be 
thereby  predisposed  to  think  and  act  on  a  common  design,  for  the 
prosperity  and  glory  of  their  own  State.  It  should  be  open  for 
females,  as  well  as  males,  qualified  to  enter  it;  and  such  should 
be  the  rule  in  all  of  our  schools,  of  whatever  grade. 

ACADEMIES 

For  a  higher  degree  of  education  than  it  is  practicable  to  be 
furnished  in  the  common  schools,  and  also  to  prepare  persons  to 
enter  college,  should  be  provided  in  every  county  in  the  State, 
under  the  immediate  control  of  the  local  authorities,  that  might 
be  established  for  that  purpose.  This  could  and  should  be  done, 
by  restoring  to  the  counties  the  four  leagues  of  land,  or  the  pro- 
ceeds thereof,   if  sold,  which  were  originally  appropriated   to  each 


A  Source  Book  of  the  University  of  Texas  249 

of  them  by  an  act  of  the  Congress  of  the  Republic  of  Texas  in 
1839,  for  the  erection  and  maintenance  of  an  academy.  This 
unfortunately  was  diverted  to  the  common  schools  in  each  county, 
by  a  provision  of  the  Constitution  of  187  6,  which  should  be  alt- 
ered, so  as  to  allow  the  donation  by  the  State  to  counties  to  be 
devoted  to  its  original  purpose,  which  was  wisely  conceived,  and 
fully  as  necessary  to  a  complete  system  of  education,  fostered 
by  the  State,  as  common  schools,  or  a  university;  both  of  which 
have  adequate  funds  and  means,  in  bonds,  money  and  lands,  if 
properly  managed,  without  that  being  added.  A  neglect  of  that 
middle  grade  of  education  in  our  system  will  induce  an  imprac- 
ticable effort  on  the  part  of  the  other  two  grades  to  supply  its 
place,  and  will  thereby  impair  the  distinctive  sphere  that  should 
be  occupied  by  each.  In  the  common  schools  there  would  be  an 
effort  to  prepare  persons  for  the  university,  which  would  be  a 
higher  standard  of  education  than  would  be  generally  practicable, 
and  in  the  university  there  would  be  a  lowering  of  the  standard 
for  admittance,  that  would  inevitably  lower  its  character  as  a  high 
school  of  learning.  There  should  also  now  be  a  reservation  of 
lands  to  supply  the  unorganized  counties  with  four  leagues  each, 
before  all  of  the  public  domain  is  taken  up  for  other  purposes. 
It  would  be  well  as  far  as  practicable  to  locate  this  reservation  for 
each   county   within   its   own   limits. 

THE  AGRICULTURAL  AND   MECHANICAL  COLLEGE 

being,  under  the  Constitution,  a  branch  of  the  university,  should 
be  placed  under  the  same  supervisory  control.  I  respectfully  refer 
to  the  report  of  the  board  of  directors,  which  will  be  submitted  to 
you,  for  a  full  history  in  the  past,  and  for  the  present  condition  of 
that  institution,  with  the  recommendations  in  the  message  accom- 
panying it.  In  addition  to  what  is  therein  stated,  I  would  submit 
that  it  will  be  found,  since  that  institution,  is  now,  and  should 
hereafter  be  devoted  mainly  to  the  special  branches  of  learning  in 
agriculture  and  the  mechanic  arts,  as  required  by  our  Constitu- 
tion, and  as  designed  by  its  endowment,  that  the  leading  impedi- 
ment to  its  success  will  be  the  want  of  scholars,  in  different  parts 
of  the  State,  so  as  to  distribute  the  benefits  of  that  sort  of  educa- 
tion over  all  parts  of  it.  In  this  age  of  material  development  much 
attention  should  be  given  to  this  subject;  especially  in  Texas, 
where  agriculture,  in  a  broad  sense,  must  be  for  a  long  time  the 
leading  pursuit;  and  it  is  to  our  interest  to  add  to  it,  as  fast  as 
practicable,  the  benefits  of  the  mechanic  arts  at  home.  I  would 
recommend  therefore,  that  one-half,  a  million  of  acres  of  the 
public  lands  be  set  apart  and   donated   to  that   institution,   as   part 


250  University  of  Texas  Hull' l in 

of  the  university,  for  its  encouragement,  and  especially  to  be  used 
iu  supporting  ;it  said  institution  persons  from  different  sections  or 
districts  of  the  State,  so  as  certainly  to  procure  scholars,  and  by 
this    means    spread    skilled    labor    over    the    State. 

January    ^8.    1SH\  ;    S.    .J.,    pp.    52-53;    H.    J.,    p.    07 

I  respectfully  submit  to  your  honorable  bodies  tbe  annexed 
memorial  of  the  committee  appointed  by  the  Teachers'  Association 
of  Texas  on  the  subject  of  the  State  University;  and  ask  for  it  a 
respectful  consideration,  as  coming  from  gentlemen  eminent  in 
their  profession;  and  who  have  given  much  attention  to  the  sub- 
ject. 

From  having  had  frequent  communications  from,  and  conversa- 
tions with  some  of  those  gentlemen  during  the  last  two  years,  I 
can  give  full  assurance,  that  they  not  only  feel  a  deep  interest  on 
the  subject,  but  also  believe  that  the  time  is  opportune  now  to  in- 
itiate the  establishment  of  the  State  University,  in  which  I  heartily 
concur  with  them. 

My  own  views,  as  to  its  proper  organization,  have  already  been 
given    in    my   message,    recently   submitted,    for   which      however,    I 
have  no  such  strenuous  predilection,  as  that  I  could  not  most  wil- 
ingly  see  any  practicable  mode  adopted,  and  carried  out. 
To    His   Excellency,    O.    M.    Roberts,     Governor     of     Texas,     Austin, 

Texas : 

At  the  last  annual  session  of  the  Teachers'  Association  of  Texas, 
held  at  Mexia,  in  June,  1880,  the  undersigned  were  appointed  as 
a  committee  to  present  to  your  excellency  the  views  held  by  the 
teachers  of  Texas  concerning  the  establishment  of  a  State  Univer- 
sity, and  to  submit  to  your  Excellency  a  plan  for  the  organiza- 
tion of  the  same. 

In  pursuance  of  this  commission  the  following  memorial  is  re- 
spctfully  submitted: 

The  increasing  demand  for  higher  education  and  the  inade- 
quacy of  existing  institution  in  the  State,  to  meet  this  demand; 
taken  in  connection  with  the  fact  that  the  resources  of  the  Uni- 
versity fund  are  now  amply  sufficient  to  found  and  sustain  an  in- 
stitution of  the  highest  order,  induced  the  Teachers'  Association 
of  Texas  to  adopt  by  a  unanimous  vote  a  resolution  urging  the 
immediate    inauguration    of    a    State    University. 

For  the  accomplishment  of  this  end,  which  commends  itself  to 
the  mind  of  every  Texan  and  every  friend  of  higher  education,  the 
following    plan    of    organization    is    respectfully    submitted: 

I.  One  University,   and  only  one,    should   be   organized. 

II.  The  control,  management  and  supervision  of  the  Univer- 
sity should   be  vested  in  a  board  to  be  styled  the  Regents  of  the 


A  Source  Book  of  the  University  of  Texas  251 

University  of  Texas;  which  board  shall  consist  of  one  member  from 
each  congressional  district,  to  be  nominated  by  the  Governor  and 
confirmed  by  the  Senate,  to  hold  office  not  less  than  two  nor  more 
than  ten  years.  No  person  holding  any  office  of  honor  or  emolu- 
ment  should   be   eligible  to  the  position   of  regent. 

III.  The  board  of  regents  should  be  empowered  and  instructed 
to  elect  the  president  of  the  University,  who  should  be  ex  officio 
chairman  of  said  board.  The  regents  should  determine  the  de- 
partments of  the  University,  elect  the  professors,  and,  by  and  with 
the  advice  of  the  -professors,  arrange  courses  of  instruction,  appoint 
tutors  and  other  officers  of  the  University. 

IV.  The  board  of  regents  should  fix  the  salaries  of  the  presi- 
dent, the  professors,  tutors,  and  other  officers  of  the  University, 
on  such  a  scale  as  to  command  the  services  of  persons  eminently 
qualified  for  the  respective  positions,  and  make  all  regulations 
necessary    for    the    government    of    the    University. 

V.  No  religious  qualification  should  be  prescribed  for  admission 
to  any  office  or  privilege  in  the  University,  nor  should  any  course 
of  religious  instruction  of  a  sectarian  character  be  taught  in  the 
University.   ■ 

VI.  The  regents  should  report  annually  to  the  Governor  the 
condition   and   progress   of  the  University. 

VII.  A  committee  should  be  appointed  by  the  Legislature  at 
each  session,  to  attend  the  annual  examinations  of  the  Univer- 
sity,  and   report  to   the   Legislature  thereon. 

VIII.  The  reasonable  expense  incurred  by  the  regents  and  vis- 
iting committee  in  the  discharge  of  their  duties  should  be  paid  out 
of    the    available    University    fund. 

IX.  The  Treasurer  of  the  State  should  be  the  treasurer  of  the 
University. 

X.  All  the  expenditures  of  the  University  should  be  made  by 
order  of  the  board  of  regents,  and  all  moneys  needed  to  meet  the 
same  should  be  drawn  on  warrant  of  the  Comptroller,  based  upon 
the  vouchers  approved  by  the  chairman  of  board  of  regents,  and 
countersigned    by   the   secretary   of    said   board. 

XI.  The  election  for  the  location  of  the  University  should  be 
ordered  at  the  earliest   date   possible. 

XII.  No  part  of  the  University  fund  should  ever  be  applied  to 
the  erection  of  dormitories,  professor's  houses,  or  mess  halls. 

Trusting  that  a  measure  involving  such  far  reaching  results  for 
the  progress  and  glory  of  the  State,  and  the  advancement  of  edu- 
cation   which   it   deserves,    we   are, 

Very    respectfully,    your    obedient    servants, 

Oscar  H.  Cooper,  Chairman;  W.  C.  Crane,  S.  G.  Sneed,  R.  W. 
Pitman,    Smith    Ragsdale,    J.    G.    James,    O.    N.    Hollingsworth. 


252  University  of  Texas  Bulletin 

On  motion  of  Senator  Homan  the  reading  of  the  message  was 
postponed    and    referred    to    Committee   on    Education. 

February   19,   1881;   H.  J.,  p.   149;    S.   J.,  p.    125 

The  Hon.  J.  H.  McLeary,  Attorney-General,,  and  Judge  George 
Clark,  of  the  firm  of  Clark  and  Dwyer  of  Waco,  the  attorneys  in 
the  prosecution  of  suits  in  regard  to  the  university  lands,  situ- 
ated in  McLennan  and  Hill  counties,  have  had  the  matter  under 
consideration,  and  have  presented  their  conclusion  as  to  the  best 
mode  of  disposing  of  the  subject  in  the  shape  of  a  bill  drawn  up 
by  them,  which  I  herewith  submit,  and  ask  for  it  favorable  con- 
sideration and  action  by  the  Legislature. 

On  motion  of  Senator  Houston,  the  message  and  accompanying 
bill    were   referred   to   Judiciary   Committee   No.    1. 

[Became  a  law.] 

March  22,  1881;  H.  J.  p.  293;   S.  J.  pp.  251-252 

As  referred  to  in  the  report  of  the  late  Attorney-General,  and 
in  one  of  my  messages  during  the  present  session  of  the  Legisla- 
ture, Messrs.  Clark  &  Dwyer,  of  Waco,  were  employed  to  bring  suit 
or  suits  to  establish  the  title  of  the  State  to  a  large  amount  of  uni- 
versity lands,  adversely  claimed  under  an  old  Mexican  grant,  in  the 
counties  of  McLennan  and  Hill. 

There  are  about  fourteen  thousand  acres  of  it,  worth  thirty-five 
thousand  dollars,  occupied  by  a  large  number  of  settlers.  By  a  pre- 
vious law  there  were  relieved  from  paying  for  said  lands  on  account 
of  the  dispute  in  the  title.  It  is  greatly  to  the  interest  of  the  Uni- 
versity fund,  as  well  as  to  the  settlers,  to  have  the  title  settled  by 
an  adjudication.  The  suit  having  to  be  brought  in  the  county  or 
counties  in  which  the  lands  are  situated  it  was  impracticable  for 
the  Attorney-General  to  bring  it  or  attend  to  it.  Hence,  upon  the 
recommendation  of  the  Attorney-General,  those  attorneys  were  re- 
tained and  employed  to  bring  the  suit  which  they  have  done. 

I  herewith  transmit  to  you  copies  of  the  request  of  the  Attorney- 
General,  of  the  contract  entered  into,  and  of  a  letter  lately  written 
to  the  present  Attorney-General  upon  the  subject,  from  which  the 
whole  transaction  may  be  seen,  and  from  which  will  be  exhibited 
the  necessity  of  making  further  provisions  by  the  legislative  action 
for  the  future  prosecution  of  the  suit. 

In  consideration  thereof,  I  respectfully  recommend  that  at  least 
three  thousand  dollars  be  appropriated,  either  out  of  the  interest 
of  the  university  fund  or  out  of  the  general  revenue,  for  that  pur- 
pose, and  that  the  former  appropriation  of  seven-hundred  and  fifty 


A  Source  Book  of  the  University  of  Texas  -.)'3 

dollars  for  costs  and  expenses,  made  in  187  9,  and  which  has  not  been 
used,  be  renewed. 

This  suit  may  be  continued  for  several  years,  and  be  carried  to 
the  higher  courts,  and  will  doubtless  require  much  labor  and  ex- 
pense in  attending  to  it. 

Suits  of  such  magnitude  cannot  be  attended  to  properly  for  the 
State  without  the  employment  of  able  attorneys,  and  expending 
money,  when  necessary,  in  procuring  evidence,  especially  when  they 
are  in  courts  that  the  Attorney-General  cannot  attend,  consistently 
with  his  business  in  his  office  at  the  capitol. 

Attorney  General  George  W.  McCormick's  Letter  to  Governor 

Dear  Sir:  Referring  to  our  conversation  in  regard  to  taking  steps 
to  clear  the  title  of  the  State  to  her  university  lands  in  McLennan 
county,  some  days  since,  I  have  the  honor  to  suggest,  in  view  of  the 
importance  of  the  matter,  and  the  fact  that  those  connected  with 
this  office  cannot  give  it  the  necessary  attention,  that  you  employ 
counsel  to  institute  such  suits  as  may  be  necessary. 

The  joint  resolution  relative  to  these  lands,  passed  at  the  late 
session  of  the  Legislature,  appropriated  the  sum  of  five  hundred 
dollars  to  pay  the  necessary  costs  of  court,  but  made  no  appro- 
priation for  attorney's  fees.  As  the  suits  must  be  instituted  in 
McLennan  couuty,  it  is  absolutely  important  that  the  State  have 
resident  counsel  there,  and  the  county  attorney,  though  willing  to 
aid  this  office,  is  of  opinion  that  he  is  under  no  legal  or  moral 
obligation  to  do  so  for  nothing.  I  have  therefore  spoken  to  Hon. 
Geo.  Clark,  of  the  firm  of  Clark  and  Dwyer,  who  will  undertake 
the  prosecution  of  the  matter.  We  have  embodied  in  the  herewith 
enclosed  form  of  agreement  about  our  conclusions  as  to  the  fee  to 
be  paid  them  for  their  services,  etc. 

(Copy  of  Contract.) 

1.  That  the  State  of  Texas  has  employed  and  retained,  and  by 
these  presents  does  employ  and  retain  the  said  Clark  and  Dwyer 
as  her  attorneys  in  the  prosecution  of  a  certain  suit  or  suits  against 
certain  persons  who  have  set  up  some  pretended  claim  to  certain 
portions  of  the  State  University  lands  in  McLennan  and  Hill 
counties, 

2.  The  State  of  Texas  further  agrees  to  pay  to  said  Clark  and 
Dwyer  a  cash  retainer  of  five  hundred  dollars  ($500.)  as  her  attor- 
neys aforesaid;  and  further  stipulates  and  agrees  at  the  approaching 


254  University  of  Texas  Bulletin 

session  of  the  Seventeenth  Legislature,  the  Governor  will  recom- 
mend and  secure,  if  practicable,  a  legislative  endorsement  of  this 
contract  and  the  appropriation  of  a  reasonable  sum  as  an  adequate 
fee  for  the  professional  services  of  said  Clark  and  Dwyer  rendered 
or  to  be  rendered  in  said  suit  or  suits;  and  the  further  continuance 
of  said  Clark  and  Dwyer  in  said  cause  or  causes  will  be  contingent 
upon  such  endorsement  and  appropriation. 


Oct.  8,  1881. 

[Here  follows  a  letter  from  Clark  and  Dwyer,  dated  March  14.  1881, 
dealing  with  the  question  of  their  fee,  which  is  placed  at  $3,000.] 

April  1,  1881;  S.  J.  p.  303 

To  the  Honorable  Senate  of  the  State  of  Texas: 

I  respectfully  ask  the  advice  and  consent  of  your  honorable 
body  to  the   following   appointments: 

For  Regents  of  the  University  of  Texas: 

Hon.  T.  J.  Devine,  of  Bexar  County. 

Dr.  Ashbel  Smith,  of  Harris  County. 

Gov.    James    W.    Throckmorton,    of    Collin    County. 

Gov.   Richard  B.   Hubbard,   of  Smith  County. 

Gov.    E.    M.    Pease,    of   Travis   County. 

Dr.   James   H.    Starr,    of   Harrison    County. 

Mr.    A.    N.    Edwards   of   Hopkins   County. 

Prof.    Smith    Ragsdale,    of    Parker    County. 

Respectfully  submitted, 

O.   M.   ROBERTS,   Governor. 

April  1,   1881;    S.  J.,  p.  304 

To  the  Honorable  Senate  of  the  State  of  Texas: 

Learning  that  there  is  some  objection  to  the  name  of  Governor 
E.  M.  Pease,  and  not  having  consulted  him  on  the  subject  of  send- 
ing in  his  name  as  one  of  the  Regents  of  the  University  of  Texas, 
I  beg  leave  to  substitute  the  name  of  James  H.  Bell,  of  Travis 
county,   in  his  place. 

O.  M.  ROBERTS,  Governor. 

Senator  Shannon  moved  to  consider  the  appointments  in  the 
executive  session  to  be  held  today.     Adopted. 


A  Source  Book  of  the  University  of  Texas  255 

ADDRESS  OF  LIEUTENANT  GOVERNOR   L.   J.   STORY. 
January  IS,   1SS1;   S.  J.,  p.  240,  21   p 


THE  UNIVERSITY 


And,  again,  what  Texan's  heart  does  not  throb  with  delight  as 
he  contemplates  the  prospects  before  us,  and,  as  I  believe,  in  the 
near  future,  for  the  erection  of  a  first  class  State  University?  Al- 
ready the  princely  fund  provided  by  our  partiot  fathers  for  this 
purpose  is  believed  to  have  reached  the  value  of  two  and  a  half 
million  of  dollars,  and  the  demand  is  coming  up  from  every  quar- 
ter, that  this  Legislature  shall  declare  that  it  is  now  "practicable," 
and  that  it  shall  proceed  to  "establish,  organize  and  provide  for 
the  maintenance,  support  and  direction  of  a  university  of  the  first- 
class,     ....     to  be  styled  "The  University  of  Texas." 

Let  the  good  work  begin  at  once  and  be  pressed  to  an  early  com- 
pletion, and,  as  soon  as  possible,  save  Texas  the  quarter  of  a  mil- 
lion of  dollars,  annually  contributed  by  her  people  to  build  up  and 
support  institutions  of  learning  in  other  States  where  they  send 
their  children  to  be  educated.  And,  better  still,  let  the  heroic 
deeds  of  our  patriot  fathers  be  studied  by  the  youths  of  Texas  in 
our  own  institutions,  and  from  the  proud  dome  of  our  University, 
as  it  towers  above  the  hill  tops  of  this  capital  city,  iet  them  map 
out  for  themselves  the  pathway  to  fame  and  to  fortune.  With 
these  great  responsibilities,  this  grand  work  before  us,  may  I  not 
repeat,  that  these  legislative  halls  present  the  broadest  field  for 
usefulness  to  the  statesman  of  Texas.  Here  his  earnest  effort  and 
patriotic  devotion  to  his  country's  cause  must  yield  to  her  the 
richest  reward  in  everything  necessary  to  advance  her  civilization, 
her  material  wealth  and  her  political  power,  while  for  himself 
he  may  rightfully  lay  to  his  own  soul  the  flattering  unction,  that  he 
has   not   labored    in   vain. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.   B.   393 — By  Mr.   Hutcheson,   as  Chairman  of  Committee  on  Ed- 
ucation. 

An  act  to  establish  the  University  of  Texas. 

Ordered  printed   (Feb.   7).     Replaced  by  S.  B.   98,  H.  J.  pp.  77, 
127,  128,  128y  [H.  B.  393  on  manuscript  bill,  H.  B.  366  on  printed 

bill.] 


256  University  of  Texas  Bulletin 

H.    B.    492 — By   Mr.    Huteheson. 

To  appropriate  the  remainder  of  the  public  domain  for  educa- 
tion, one-fourth  each  to  the  public  schools,  University,  A.  &  M. 
College,   and   Normals. 

Unfavorably  reported.     H.  J.  pp.   1281,   158.     File  199,  Office  of 
Secretary  of  State. 
H.    B.    5  36 — By    Mr.    Finlay. 

To  protect  the  title  of  the  State  to  the  University  lands  in  Hill 
and  McLennan  counties. 

Replaced  by  S.  B.   290.     H.  J.  pp.   164,   304;    S.   J.  pp.   253,   255, 

256,  278,  288,  292,  306 H.  J.,  p.  258. 

H.  B. — By  Mr.  Stribbling. 

An  act  for  the  relief  of  the  actual  settlers  on  the  University 
lands   in    Shackelford   county. 

li.  J.  p.  270. 
H.    B.    570. — By    Mr.   Daugherty. 

To  provide  for  the  issuance  of  bonds  of  the  State  for  the  funds 
derived  from  the  sale  of  lands  belonging  to  the  University  and  the 
public  schools. 

Became  a  law  as  S.   B.    134. 

H.  J.  p.  128h. 

February   14,   1881;    H.   J.,   128x 

Citizens  of  Jefferscn  petition  for  the  location  of  the  Medical 
Department  at    Galveston. 

February,    1881;   H.  J.   128y 

Announced  to  House  that  Senate  had  passed  S.  B.  9  8,  establish- 
ing   University   of   Texas. 

March  23,  1881;   H.  J.,  pp.  304-305 

February   7,    1881. 
Hon.  George  R.  Reeves,  Speaker  of  the  House  of  Representatives: 

Your  Committee  on  Education,  to  whom  was  referred  House 
resolution  inquiring  of  them  whether  additional  normal  schools, 
will  be  established,  have  had  the  same  under  consideration,  and 
instruct  me  to  report  to  the  House  the  recommendation  that  there 
be  established  at  least  two  normal  schools,  provided  that  the  same 
be  supported  out  of  the  general  revenue,  and  that  hereafter  the 
tuition  only  be  paid  by  the  State. 

HCTCHESON,    Chairman. 


A  Source  Book  of  the  University  of  Texas  257 

The  following  minorty  report  from  the  Committee  on  Eudca- 
tional   Affairs    was   submitted: 

February  8,   1881. 
Hon.   George   R.    Reeves,    Speaker. 

The  undersigned,  minority  of  your  Committee  on  Education,  to 
whom  was  referred  a  resolution  of  the  House  instructing  said 
committee  to  inquire  into  the  expediency  of  establishing  one  or 
more  additional  normal  schools  in  the  State  of  Texas,  beg  leave  to 
decline  to  concur  in  majority  report  of  said  committee,  and  ask 
that  said  majority  report  be  not  adopted  for  the  following  reasons: 


3.  The  Constitution  contemplates  the  establishment  and  sup- 
port of  a  system  of  public  schools  accessible  to  all  the  children  of 
the  State,  and  of  a  university,  of  which  the  Agricultural  and  Me- 
chanical College  at  Bryan  is  a  branch.  We  think  that  all  the 
energies  of  the  State  and  all  the  capital  that  can  be  spared  for 
educational  purposes  should  be  concentrated  upon  these  in  order 
to  insure  complete  success,  and  we  submit  that  the  University, 
when  properly  established,  will  be  the  proper  source  from  which 
to  draw  a  supply  of  competent  teachers. 


For  these  reasons  we  cannot  concur  in  (he  majority  report,  and 
recommend   that   the   same   be   not   adopted. 

GEORGE    W.    L.    FLY. 
J.    P.    AYRES. 
JOHN    A.     PEACOCK. 
S.  B.  7 — By  Mr.  Gooch. 

To  set  apart  alternate  section  of  land  surveyed  in  the  State  by 
and  for  railroads  and  other  works  of  internal  improvements  for  the 
benefit  of  the  University  and  other  school  purposes. 

S.  J.  pp.  102,  109,  113,  130,  139,  142,  159;   H.  J.  p.  194. 

Lost. 
S.  B.  50 — By  Mr.  Lane. 

To  adjust  the  State's  indebtedness  to  the  University  fund. 

See  Lane,  p.  198. 

S.  J.,  pp.  24g,  70,  72,  302.     H.  J.(  p.  111. 
S.  B.   9  8 — By  Mr.  Buchanan  of  Wood. 

To  establish  the  State  University. 

Introduced  Feb.  1;  made  on  Feb.  8  a  special  order  for  Feb.  11; 
attempts  to  amend  by  Hightower  and  Stubbs;  amended  by  Gooch 
with  "and  to  males  and  females  on  equal  terms";  attempts  to 
amend  by  Stubbs  on  Feb.  12;  amended  by  Stubbs  on  Feb.  12  to 
permit  location  of  the  Medical  department  at  a  differenl  place  from 
the  Main  University;   Gooch  attempting  to  amend  the  amendment. 

Became  a  law. 


258  University  of  Texas  Bulletin 

See  Lane,  pp.  198-199. 

(Committee  on  Educational  Affairs,  Todd  Chairman,  recom- 
mended the  passage  provided  Medical  not  separated  from  Main. 
March   7,    1888.) 

S.  J.,  pp.  64,  87,  94,  96,  100,  278.     H.  J.,  p.  127,  128,  128y. 
S.   B.   102 — By  Mr.   Lane. 

'     Appropriation  Bill — Giving   $14,000    of    University    available    to 
Prairie  View   Normal. 

Became  a  law.     See  Lane,  pp.  200-201.     H.  J.,  p.  285. 
S.  B. — By  Mr.  Martin  of  Cooke. 

To  provide  for  manuscript  State  bonds  in  which  to  invest  school 
and   University   funds. 

Became  a  law,  after  amendments.     See  Lane,  p.  199.     S.  J.,  pp. 
81,   125,   145,   292,   295.   306,   307.      H.   J.,   p.   191. 
S.  B.  290 — By  Mr.  Ross. 

To  provide  for  the  protection  of  the  title  of  the  State  to  the  Uni- 
versity lands  lying  in  Hill  and   McLennan   counties. 

Became  a  law.     See  Lane,  p.  199.     S.  J.,  pp.  253,  255,  256,  278, 
288,  292,  306.     H.  J.,  p.  164,  304. 
S.   B.    29  9 — By  Mr.   Buchanan  of  Wood. 

To  amend  S.  B.   98. 

S.  J.,  pp.  282,  284,  289,  292,  295,  302.     H.  J.,  p.  344. 

Became  a  law. 

January  31,  1881;   S.  J.,  p.  56;  Lane,  p.  198 

Miscellaneous 

Senator  Wynne  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Educational  Affairs  he  requested 

to    consider   the   propriety   of   establishing   a    State    University   and 

report  their  action  by  bill  or  otherwise. 

Differences  Between  H.  B.  393  and  S.  B.  98. 

H.  B.  393,  Section  1  is  the  same  as  the  first  sentence  of  S.  B. 
9S,  Section  1. 

H.  B.  39  3,  Section  2  has  August  where  S.  B.  98,  Section  2,  has 
September. 

H.  B.  393,  Section  3  is  the  same  as  S.  B.  98,  Section  3. 

H.  B.  393,  Section  4  is  the  same  as  S.  B.  98,  Section  4. 

H.  B.  393,  Section  5  is  the  same  as  S.  B.  98,  Section  5  with  the 
difference  that  H.  B.  393  has  "To  consist  of  one  member  from  each 
Congressional  district,"  where  S.  B.  9  8  has  "To  consist  of  eight 
members  selected  from  the  different  portions  of  the  State." 

H.  B.  393,  Section  6  is  the  same  as  S.  B.  98,  Section  6. 


A  Source  Book  of  the  University  of  Texas  259 

H.  B.  393,  Section  7:  The  regents  shall  establish  and  have  exe- 
cuted a  common  seal,  the  design  of  which  shall  be  the  lone  star  en- 
graved, and  around  the  same  "The  University  of  Texas,"  inscribed. 
H.  B.  393,  Section  8:  The  regents  shall  have  power,  and  it 
shall  be  their  duty-to  elect  the  president  of  the  University  who  shall 
be  ex  officio  president  of  the  Board  of  Regents,  establish  the  de- 
partments of  a  first  class  University,  determine  the  professorships, 
appoint  the  professors,  a  secretary,  a  librarian,  and  the  requsite 
number  of  tutors  and  other  officers,  to  fix  their  respective  salaries, 
and  to  enact*  laws  for  the  government  of  the  University. 

H.  B.  393,  Section  9  is  the  same  as  S.  B.  98,  Section  9. 

H.  B.  393,  Section  10,  is  the  same  as  S.  B.  98,  Section  10. 

H.  B.  393,  Section  11:  The  regents,  previous  to  the  election  of 
the  president  of  the  University,  and  in  his  absence,  snail  elect  a 
president  pro  tem. 

H.  B.  393,  Section  12  is  the  same  as  S.  B.  98,  Section  11. 

H.  B.  393,  Section  13  is  the  same  as  S.  B.  98,  Section  12. 

H.  B.  393,  Section  14  is  the  same  as  S.  B.  98,  Section  13,  plus 
Second:  to  take  such  action  as  may  be  deemed  advisable,  with 
reference  to  the  selection  of  the  President  of  the  University. 

H.  B.  393,  Section  15  is  the  same  as  S.  B.  98,  Section  14. 

H.  B.  393,  Section  16  is  the  same  as  S.  B.  Section  15,  plus  "After 
the  President  of  the  University  shall  have  been  elected." 

H.  B.  393,  Section  17  is  the  same  as  S.  B.  98,  Section  16. 

H.  B.  393,  Section  18  is  the  same  as  S.  B.  98,  Section  17. 

H.  B.  393,  Section  19  is  the  same  as  S.  B.  98,  Section  18. 

H.  B.  393,  Section  20  is  the  same  as  S.  B.  98,  Section  19. 

H.  B.  393,  Section  21  is  the  same  as  S.  B.  98,  Section  20. 

H.  B.  393,  Section  22  is  the  same  as  S.  B.  98,  Section  21. 

H.  B.  393,  Section  23:  There  shall  be  appointed  by  the  Legisla- 
ture at  each  regular  session  a  Board  of  Visitors,  who  shall  not 
exceed  five  in  number  and  consist  of  educated  and  accomplished 
scholars  who  shall  attend  the  annual  examinations  of  the  University 
and  its  branches,  and  report  to  the  Legislature  thereon. 

H.  B.  393,  Section  24  is  the  same  as  S.  B.  98,  Section  23. 

H.  B.  393,  Section  25  is  the  same  as  S.  B.  98,  Section  24. 

GENERAL   LAWS 

S.  B.  290;  Ch.  73,  p.  76.     G.  9,  p.  168 

An  'Act  to  provide  for  the  protection  of  the  title  of  the  State  to  the 
University  lands  lying  in  McLennan  and  Flill  Counties. 

Whereas,  Certain  parties  have  disputed  the  title  of  the  State  to 
certain  of  the  University  lands  lying  in  McLennan  and  Hill  Counties, 


260  University  of  Texas  Bulletin 

and  certain  suits  are  now  pending  in  regard  to  the  said  lands  in 
the  district  court  of  McLennan  County;  and 

Whereas,  There  is  no  provision  of  law  fixing  the  venue  of  suits 
involving  the  title  to  the  said  lands  in  any  court  holding  session 
near  the  seat  of  government;  therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  governor  and  the  attorney  general  are  hereby  authorized 
to  employ  competent  counsel  to  defend  the  title  of  the  State  to 
the  university  lands  lying  in  McLennan  and  Hill  counties,  and  to 
bring  all  suits,  and  use  such  other  means  as  may  be  necessary  to 
maintain  the  State's  title  to  said  land. 

Sec.  2.  The  sum  of  three  thousand  five  hundred  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  out  of 
the  interest  of  the  university  fund  to  pay  attorneys'  fees  and  other 
necessary  expenses,  in  carrying  out  the  purposes  of  this  act. 

Approved  March  30,  1881. 

S.  B.  98;  Ch.  75,  pp.  79-82.     G.  9,  pp.  171-174 

An  Act  to  establish  the  University  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  there  be  established  in  this  State,  at  such  locality  as  may  be 
determined  by  a  vote  of  the  people,  an  institution  of  learning,  which 
shall  be  called  and  known  as  the  University  of  Texas.  The  medical 
department  of  the  university  shall  be  located,  if.  so  determined  by 
a  vote  of  the  people,  at  a  different  point  from  the  university  proper, 
and  as  a  branch  thereof;  and  the  question  of  the  location  of  said 
department  shall  be  submitted  to  the  people  and  voted  on  separately 
from  the  propositions  for  the  location  of  the  main  university.  The 
nominations  and  election  for  the  location  of  the  medical  department 
shall  be  subject  to  the  other  provisions  of  this  'act,  with  respect 
to  the  time  and  manner  of  determining  the  location  of  the  university. 

Sec.  2.  An  election  shall  be  held  on  the  first  Tuesday  of  Septem- 
ber, 1881,  for  the  purpose  of  locating  the  University  of  Texas,  and 
the  governor  is  hereby  authorized  and  instructed  to  issue  his  pro- 
clamation ordering  an  election  on  said  day  for  said  purpose,  and 
returns  of  said  election  shall  be  made  in  the  manner  prescribed  in 
the  general  election  law. 

Sec.  3.  All  localities  put  in  nomination  for  the  location  of  the 
university  shall  be  forwarded  to  the  governor  at  least  forty  days 
anterior  to  the  holding  of  said  election,  and  the  governor  shall  em- 
brace in  his  proclamation  ordering  said  election,  the  names  of  said 
localities;  provided,  that  any  citizen  may  vote  for  any  locality  not 
named  in  said  proclamation. 

Sec.  4.  The  locality  receiving  the  largest  number  of  votes 
shall  be  declared  selected,  and  the  university  shall  be  established 


A  Source  Book  of  the  University  of  Texas  261 

at  such  locality;  provided,  that  the  vote  cast  for  said  locality  shall 
amount  to  one-third  of  the  vote  cast;  but  if  no  place  shall  receive 
one-third  of  the  entire  vote  cast,  another  election  shall  be  ordered 
within  ninety  days  of  the  first  election,  between  the  two  places  re- 
ceiving the  highest  number  of  votes,  and  the  one  receiving  the 
highest  number  at  said  second  election  shall  be  declared  to  be 
selected  by  the  people  as  the  location  of  the  University  of  Texas. 

Sec.  5.  The  government'  of  the  university  shall  be  vested  in  a 
board  of  regents,  to  consist  of  eight  members  selected  from  different 
portions  of  the  State,  who  shall  be  nominated  by  the  governor,  and 
appointed  by  and  with  the  advice  and  consent  of  the  Senate. 

Sec.  6.  The  board  of  regents  shall  be  divided  into  classes,  num- 
bered one,  two,  three  and  four,  as  determined  by  the  board  at 
their  first  meeting;  shall  hold  their  offices,  two,  four,  six  and 
eight  years,  respectively,  from  the  time  of  their  appointment.  From 
and  after  the  1st  of  January,  1883,  two  members  shall  be  appointed 
at  each  sesion  of  the  Legislature  to  supply  the  vacancies  made  by 
the  provisions  of  this  section,  and  in  the  manner  provided  for  in 
the  preceding  section,  who  shall  hold  their  offices  for  eight  years 
respectively. 

Sec.  7.  The  regents  appointed  pursuant  to  the  fifth  section  of 
this  act,  and  their  successors  in  office,  shall  have  the  right  of  mak- 
ing and  using  a  common  seal  and  of  altering  the  same  at  pleasure. 

Sec.  8.  The  regents  shall  organize  by  the  election  of  a  president 
of  the  board  of  regents,  from  their  own  number,  who  shall  hold  his 
office  during  the  pleasure  of  the  board.  They  shall  establish  the 
departments  of  a  first-class  university,  determine  the  officers  and 
professorships,  appoint  the  professors  (who  shall  constitute  the 
faculty,  with  authority  to  elect  their  own  chairman)  and  other 
officers,  fix  their  respective  salaries,  and  to  enact  such  by-laws, 
rules  and  regulations  as  may  be  necessary  for  the  succesful  man- 
agement and  government  of  the  university;  provided,  that  the 
salaries  and  expenses  of  the  university  shall  never  exceed  the  in- 
terest on  the  university  fund  and  land  sales  fund,  or  ever  become 
a  charge  on  the  general  revenue  of  the  State. 

Sec.  9.  The  immediate  government  of  the  several  departments 
shall  be  intrusted  to  their  respective  faculties,  subject  to  joint 
supervision  of  the  whole  faculty,  but  the  regents  shall  have  power 
to  regulate  the  courses  of  instruction,  and  prescribe,  by  and  with 
the  advice  of  the  professors,  the  books  and  authorities  used  in  the 
several  departments,  and  to  confer  such  degrees  and  to  grant  such 
diplomas  as  are  usually  conferred  and  granted  by  universities. 

Sec.  10.  The  regents  shall  have  power  to  remove  any  professor, 
tutor  or  other  officer  connected  with  the  institution,  when,  in  their 
judgment  the  interest  of  the  university  shall  require  it. 


262  University  of  Texas  Bulletin 

Sec  11.  The  fee  of  admission  to  the  university  shall  never  exceed 
thirty  dollars,  and  it  shall  be  open  to  all  persons  in  the  State  who 
may  wish  to  avail  themselves  of  its  advantages,  and  to  male  and 
female  on  equal  terms,  without  charge  for  tuition,  under  such  regu- 
lations as  the  board  of  regents  may  prescribe. 

[Between  "tuition"  and  "under"  in  the  printed  law  are  to  be  found,  erro- 
ly,  "under  the  regulations  prescribed  by  the  regents  and  all  others."] 

Sec.  12.  The  Treasurer  of  the  State  shall  be  the  treasurer  of  the 
university. 

Sec  13.  It  shall  be  the  duty  of  the  governor,  within  thirty  days 
after  the  location  of  the  university  shall  have  been  determined,  to 
convene  the  board  of  regents  at  the  city  of  Austin  for  tne  following 
purposes: 

First.     To  effect  the  permanent  organization  of  said  board. 

Second.  To  adopt  such  regulations  as  they  may  deem  proper  for 
their  government. 

Sec  14.  Meetings  of  the  board  shall  be  called  in  such  manner 
and  at  such  place  as  the  regents  may  prescribe,  and  a  majority  of 
them  so  as-embled,  shall  constitute  a  quorum  for  the  transaction  of 
business,  and  a  less  number  may  adjourn  from  time  to  time. 

Sec  15.  It  shall  be  the  duty  of  the  board  of  regents  after  the 
organization  of  the  board  of  regents,  to  meet  at  a  place  chosen 
for  the  university  for  the  following  purposes: 

First. — To  establish  the  departments  of  the  university. 

Second. — To  define  the  general  plan  of  the  university  buildings. 

Third. — To  advertise  for  plans  and  specifications  of  the  same. 

Fourth. — To  take  such  action  as  may  be  deemed  advisable  for  the 
creation  of  professorships  and  the  election  of  professors. 

Fifth. — To  take  such  other  action  as  may  be  deemed  necessary 
for  perfecting  the  organization  of  the  university. 

Sec  16.  .  After  the  plan  and  specifications  of  the  buildins:  shall 
have  been  adopted,  it  shall  be  the  duty  of  the  board  of  regents  to 
advertise  for  bids  for  the  construction  of  the  same,  and  to  proceed  as 
soon  as  practicable  to  the  erection  of  the  same.  The  buildings  to 
be  substantial  and  handsome,  but  not  loaded  with  useless  and  ex- 
pensive ornamentation;  provided,  that  the  cost  of  the  buildings 
shall  not  exceed  one  hundred  and  fifty  thousand  ($150,000)  dollars; 
and,  provided  further,  that  said  building  shall  be  so  constructed 
as  to  admit  of  additions  thereto,  without  marring  the  harmony  of 
the  architecture. 

Sec.  17.  The  regents  are  empowered,  and  it  shall  be  their  duty 
to  purchase  the  necesary  furniture,  library,  apparatus,  museum 
and  other  appliances;  provided,  that  the  amount  expended  for  said 
purposes  shall  not  exceed  forty  thousand  dollars. 


A  Source  Book  of  the  University  of  Texas  263 

Sec.  18.  The  regents  shall  have  authority  to  expend  the  interest 
which  has  heretofore  accrued,  and  may  hereafter  accrue,  on  the 
permanent  university  fund,  for  the  purposes  herein  specified,  and 
for  the  maintenance  of  the  branches  of  the  university;  and  the 
said  interest  is  hereby  appropriated  for  this  purpose. 

Sec.  19.  All  expenditures  shall  be  made  by  the  order  of  the 
board  of  regents,  and  the  same  shall  be  paid  on  warrants  of  the 
comptroller,  based  on  vouchers  approved  by  the  president  and 
countersigned  by  the  secretary. 

Sec.  20.  No  religious  qualification  shall  be  required  for  admis- 
sion to  any  office  or  privilege  in  the  university;  nor  shall  any  course 
of  instruction  of  a  sectarian  character  be  taught  therein. 

Sec.  21.  The  board  of  regents  shall  report  to  the  board  of  educa- 
tion annually,  and  to  -each  regular  session  of  the  Legislature,  the 
condition  of  the  university,  setting  forth  the  receipts  and  disburse- 
ments, the  number  and  salary  of  the  faculty,  the  number  of  students, 
classified  in  grades  and  departments,  the  expenses  of  each  year 
itemized,  and  the  proceedings  of  the  board  and  faculty  fully  stated. 

Sec.  22.  There  shall  be  appointed  by  the  Legislature,  at  each 
regular  session,  a  board  of  visitors,  who  shall  attend  the  annual 
examinations  of  the  university  and  its  branches,  and  report  to  the 
Legislature  thereon. 

Sec.  23.  The  reasonable  expenses  incurred  by  the  board  of  regentcy 
and  visitation,  in  the  discharge  of  their  duties,  shall  be  paid  from 
the  available  university  fund. 

Approved  March  30,  A.  D.   18  81. 

S.  B.   102,   Ch.   70,  p.   01;   G.  O,  p.  83 

An  Act  making  an  appropriation  'for  the  support  of  the  State  govern- 
ment for  the  years  beginning  March  1,  1881,  and  ending  February 
28,  1883. 

EDUCATIONAL  DEPARTMENT. 

support  of  Prairie  View  Normal  Institute  for  the 
years  ending  August  31,  1882,  to  August  31, 
1883,  out  of  the  university  fund $6,000      $6,000 

repairs  of  buildings,  purchase  library,  two  mules 
a  wagon,  and  for  miscellaneous  property  for  use 
of  Prairie  View  Normal  Institute  out  of  univer- 
sity fund   $2,000 

Provided,    that     in     the    qualifications     of     students 
for    admission    into    said    school  -a    knowledge 
of  the  Latin  grammar  and  of  Algebra  shall  not 
be  required. 


264  University  of  Texas  Bulletin 

For  the  purpose  of  maintaining,  supporting  and 
instructing,  free  of  charge,  at  the  Agricultural 
and  Mechanical  College  of  Texas,  one  student 
for  each  representative  in  each  representative 
district  in  the  State,  one-half  of  whom  shall 
take  an  agricultural  and  the  other  half  a  me- 
chanical course,  out  of  the  University  fund..  $7,500  $7,500 
Approved,    April    1,    1881. 

S.  B.  209;  Ch.  81,  p.  94,  G.  9,  p.  186 

An  Act  to  amend  section  five  of  an  act  entitled  "An  act  to  establish 
the  University  of  Texas,"  passed  at  the  present  session  of  the  Legis- 
lature. 

noN  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  section  5  of  an  act  entitled  "An  act  to  establish  the  University 
of  Texas,"  passed  at  the  present  session  of  the  Legislature,  be  so 
amended  as  hereafter  to  read  as  follows: 

"Section  5.  The  government  of  the  University  shall  be  vested 
in  a  board  of  regents  to  consist  of  eight  members,  selected  from 
different  portions  of  the  State,  who  shall  be  nominated  by  the 
governor,  and  appointed  by  and  with  the  consent  of  the  Senate; 
and  should  a  vacancy  occur  by  reason  of  death,  resignation  or 
removal  of  any  of  the  regents,  or  from  any  other  cause,  at  a  time 
when  the  Legislatura  is  not  in  session,  the  governor  shall  have 
power  to  fill  such  vacancy  until  the  meeting  of  the  next  succeed- 
ing Legislature." 

Approved   April    1,    A.    D.    1881. 

SEVENTEENTH  LEGISLATURE,  CALLED  SESSION, 
APRIL  6  TO  MAY  5,  1882 

3IESSAGES   OF   GOVERNOR   O.    M.    ROBERTS 
April  6,   1882;    S.  J.,  pp.  8-12;    H.  J.,  pp.   12-16 

UNIVERSITY 

Another  subject  submitted  for  your  consideration  is  the  Uni- 
versity of  Texas  and  its  branches,  with  the  recommendation  that 
the  Legislature  shall  take  such  action  as  may  be  necessary  in 
everything  relating  to  their  government;  to  the  relation  between 
them,  to  the  increase  and  disposition  of  their  funds;  and  to  take 
such  further  action  as  may  be  deemed  necessary  and  proper  in 
every  respect  for  the  support  and  maintenance  of  the  Prairie  View 
Normal  School,  and  for  the  discharge  of  its  debts  and  liabilities. 


A  Source  Book  of  the  University  of  Texas  265 

In  view  of  the  hopes  and  efforts  of  those  who  have  heretofore  con- 
trolled public  affairs,  in  laying  the  foundations  of  our  institutions, 
and  in  view  of  the  interests  of  those  who  shall  be  raised  up  in 
Texas  to  control  its  future  destinies,  this  recommendation  dn- 
volves  the  most  important  matters  that  will  be  before  the  present 
session  of  the  Legislature.  It  embraces  a  numerous  variety  of 
considerations,  to  which  your  especial  attention  is  respectfully 
invited.  So  important  did  the  members  of  the  convention  regard 
this  matter  of  public  interest  that  they  made  the  most  minute  and 
specific  regulations  concerning  it  in  the  Constitution.  They  pointed 
out  how  it  was  to  be  located,  and  made  provision  for  its  branches; 
fixed  its  standard  to  be  of  first  class;  indicated  the  subjects  of 
learning;  enjoined  it  upon  the  Legislature  as  a  duty  to  establish, 
organize  and  support  it  when  practicable;  prescribed  exactly  how 
and  by  what  means  that  duty  should  be  performed,  by  indicat- 
ing what  should  constitute  its  permanent  fund,  and  directing  the 
appropriation  of  the  interest  on  it  only  for  its  support.  The  elec- 
tion for  the  location  of  "The  University  of  Texas,"  provided  for 
by  act  of  the  last  regular  session  of  the  Legislature,  has*  been 
held,  and  Austin  has  been  selected  for  the  main  university,  and 
Galveston  for  the  medical  branch,  as  declared  by  the  Secretary 
of  State,  whose  'duty  under  the  law  it  was  to  receive  and  count 
the   votes,   and   declare   the   result. 

On  the  fifteenth  of  November  last  the  Board  of  Regents  previ- 
ously appointed  was  convened  at  Austin,  held  a  session  of  several 
days,  had  before  them  the  reports  of  executive  officers,  showing  the 
condition  of  the  property  and  funds  of  the  University,  took  such 
action  as  was  then  deemed  by  them  necessary,  and  made  a  report, 
with  recommendations;  all  of  which  has  been  printed,  and  will 
be  submitted  to  you  for  your  examination  and  consideration. 

From  these  papers  it  will  be  seen  that  its  entire  means  were 
as  follows: 

PERMANENT  FUND 

Lands  in  Tom  Green,  Crocket  and  Pecos  counties,  1,000,000  acres. 

Lands  in  Cooke,  Fannin,  McLennan,  Shackelford  and  Callahan 
counties,   32,335   acres. 

Notes  in  the  Treasurer's  office  to  be  invested  in  bonds  when 
collected,    $155,000. 

State   bonds,    5s,    6s,   and   7s,    $332,435.63. 

Cash,  to   be   invested   in   bonds,    $206.69. 

AVAILABLE  FUND 
That  has  and  will  be  on  hand  first  of  January,   1883,  not  includ- 
ing the  appropriations  made  to  the  existing  schools,  to  wit:     A.  and 
M.   College,   and   Prairie  View   School,    $47,025.11. 


2u*G  University  of  Texas  Bulletin 

* 

As    explained    in    the   Conitproller's   report,    the   permanent   fund 
may  be  increased  by  action  of  the  Legislature  as  follows: 
Bonds   issued   in    1867,    $134,472.26. 

Interest  on  them  from  January  1,  1867,  at  5  per  cent,  to  the 
seventeenth  day  of  April,  187  6,  that  may  be  invested  in  bonds  if 
allowed,    $62,473.58. 

Comptroller's    certificate    of    indebtedness,    $10,300.41. 
Available   fund   that   may   be   added    by   action   of   Legislature  in 
recognizing   the  validity   of   the   above   bonds    issued    in    18  67    and 
allowing  interest  on  them  from  April  17,  1876,     to  January,  1879, 
when  the  bonds  matured,   $18,209.77. 

Upon  subsequent  inquiry  from  the  Comptroller,  I  learn  that 
upon  the  basis  as  presented  in  that  report,  the  annual  interest  on 
the  bonds  from  the  first  of  January,  1883,  which  would  constitute 
the  available  fund,  is  estimated  to  be  $20,133.66,  and  if  the  bonds 
amounting  to  $134,472.26  should  be  added  to  the  permanent 
fund,  the  interest  annually  would  amount  to  $29,980.95.  Further, 
that  the  annual  increase  of  the  available  fund  from  the  proceeds 
of  the  sales  of  lands  would  probably  be  not  more  than  $2000.  This 
small  increase  arises  from  the  provision  of  the  Constitution,  that 
requires  the  interest  accruing  upon  the  land  sale  notes,  as  well  as 
the  principal,  that  is  annually  paid  into  th-e  State  treasury,  to  be 
converted  into  interest-bearing  bonds.  It  is  provided,  also,  by 
the  Constitution  that  all  of  the  means  that  has  been  or  may  be 
devoted  to  the  University,  -whether  they  be  lands,  donations  or 
appropriations  of  money,  shall  first  be  converted  into  interest- 
bearing  bonds  of  this  State,  or  of  the  United  States,  as  the  per- 
manent fund;  and  that  appropriations  out  of  the  accruing  interest 
of  said  bonds  alone  is  to  be  applied  to  the  -establishment  and  organi- 
zation and  provision  for  the  maintenance,  support  and  direction  of 
a  "university,  of  the  first  class." 

It  was  provided  that  the  University  of  Texas  should  include  an 
agricultural  and  mechanical  department,  but  inasmuch  as  an  agri- 
cultural and  mechanical  college  had  then  (1875)  already  been 
established  in  Brazos  county,  it  was  made  a  branch  of  the  Univer- 
sity of  Texas,  and  to  remedy  the  difficulty  of  afterwards  appropri- 
ating general  revenue  directly  to  complete  the  buildings  and  to 
furnish  the  necessary  furniture,  the  Legislature  was  required,  at 
its  next  session,  to  appropriate  for  those  purposes  an  amount  not 
exceeding  $40,000,  which  was  done,  and  the  appropriation  was 
made  and  paid  out  pf  the  general  revenue  of  the  State.  The  Leg- 
islature was  also  required,  when  deemed  practicable,  to  establish 
and  provide  for  the  maintenance  of  a  college  or  branch  university, 
for  the  instruction  of  the  colored  youths  of  the  State,  to  be  located 
by   a  vote  of  the  people,   provided   no  tax  shall   be  levied   and   no 


A.  Source  Book  of  the  University  of  Texas  267 

money  appropriated  out  of  the  general  revenue,  either  for  this 
purpose  of  for  the  establishment  and  erection  of  the  buildings  of 
the  University  of  Texas. 

That  this  institution,  when  established,  as  well  as  the  Agricul- 
tural and  Mechanical  College,  was  intended  to  be  a  branch  of  the 
University  of  Texas,  is  manifested  by  the  next  and  last  section 
under  the  head  of  University  in  the  Constitution,  which  sets  apart 
"for  the  endowment,  maintenance  and  support  of  said  University 
and  its  branches"  1,000,000  acres  of  land.  The  Board  of  Re- 
gents of  the  University,  as  you  may  see  from  their  report,  pro- 
vided for  eighteen  professorships,  eleven  for  the  main  university 
and  seven  for  the  medical  branch.  This  was  prospective,  as  indi- 
cating what  would  be  absolutely  necessary  in  a  first-class  univer- 
sity when  it  could  be  established. 

Doubtless  other  professorships  would  have  been  enumerated  if 
there  had  then  been  any  reasonable  prospect  of  maintaining 
them  by  the  means  under  their  control.  The  branch  university 
for  colored  youths  would  require  a  faculty  of  several  professors 
to  start  with,  and  to  be  increased  as  the  size  of  the  school  might 
make  it  necessary. 

The  Agricultural  and  Mechanical  College  now  has  six  professors 
and  a  president  in  its  faculty,  who  are  paid  by  the  interest  of  the 
special  fund  donated  by  the  United  States.  If  that  institution  is 
to  be  made  an  agricultural  and  mechanical  department  of  a  uni- 
versity of  the  first  class,  a  large  outlay  of  means  for  additional 
necessary  improvements  will  have  to  be  made,  which  can  be  drawn 
only  from  the  available  university  fund.  The  buildings,  libraries, 
and  apparatus  of  various  sorts,  for  the  main  University  and  medi- 
cal  department,  and  ultimately  for  the  branch  for  colored  youths, 
will  require  very  large  outlays  of  means,  which  can  be  drawn  only 
from  the  interest  of  the  university  fund.  If  Texas  ever  has  a  first 
class  university,  with  all  of  its  branches  supplied,  it  will  have  forty 
or  fifty  professorships.  Notwithstanding  the  obvious  inadequacy  of 
the  means  now  provided  to  meet  the  requirement  of  the  Constitution 
of  a  university  of  the  first  class,  it  is  still  fortunate  that  an  attempt 
has  now  been  made  to  inaugurate  it,  because  thereby  a  practical  in- 
sight into  what  is  needed  has  been  obtained  in  time  to  supply  the 
want,  which  might  not  otherwise  have  been  done.  To  supply  that 
want  I  respectfully  recommend  that  at  least  2,000,000  acres  of 
land  be  set  apart  for  the  University  and  its  branches,  out  of  the 
lands  reserved  to  pay  the  public  debt;  in  support  of  which  I  beg 
leave  to  submit  the  following  considerations,  in  addition  to  the 
necessity  for  it,   which  has  already  in  part  been  presented: 

By  the  Constitution  of  187  6,  it  is  declared  that  one-tenth  of  the 
alternate   sections   of   lands   granted    to    railroads,    which    were   set 


268  University  of  Texas  Bulletin 

apart  and  appropriated  to  the  establishment  of  the  University  of 
Texas,  by  an  act  of  the  Legislature  of  February  11,  1858,  entitled 
"An  act  to  establish  the  University  of  Texas,"  shall  not  be  in- 
cluded in  or  constitute  a  part  of  the  permanent  university  fund. 
The  act  of  1858,  here  referred  to,  required  the  Governor,  from 
time  to  time,  to  select  these  sections,  that  were  by  it  appropriated 
to  the  University  and  the  Commissioner  of  the  General  Land 
Office  to  designate  those  thus  selected  as  university  sections. 

By  the  provision  of  the  Constitution  that  has  been  quoted,  it  was 
intended,  doubtless,  to  prevent  the  selection  and  designation  re- 
quired by  that  act,  and  thereby  to  leave  the  one-tenth  of  the  sec- 
tions with  the  rest,  as  constituting  a  part  of  the  lands  belonging  to 
the  permanent  fund  of  the  public  free  schools  of  the  State.  Had 
this  not  been  done  the  University  would  have  had  a  most  mag- 
nificent endowment  of  valuable  lands,  amounting,  at  the  time  it  was 
done,  in  1876,  to  about  one  million  seven  hundred  thousand  acres 
of  land,  and  by  the  increase  up  to  the  present  time  of  over  three 
million  acres. 

As  a  compensation  for  this,  it  may  be  inferred,  the  convention 
set  apart  for  the  University  one  million  acres  of  land,  which  were 
not  located  and  surveyed  until  four  years  afterwards;  and  being 
located  in  extreme  western  counties,  are  not  proportionately  as 
valuable  as  an  equal  amount  of  lands  selected  in  the  mode  pro- 
vided by  the  act  of  1858.  Had  the  tenth  sections  not  been  taken 
away  from  the  University,  there  would  still  have  been  left  for 
the  common  schools  a  magnificent  endowment.  In  addition  to  this 
an  appropriation  was  made  out  of  the  available  University  fund 
to  pay  the  expenses  of  surveying  the  one  million  acres  of  land. 
There  has  been,  from  the  early  period  of  the  Republic  of  Texas 
down  through  a  series  of  years  to  the  present  time,  a  constant 
effort,  in  making  endowments  for  public  education,  to  keep  the 
different  grades  of  it,  from  the  lowest  to  the  highest,  according 
to  the  wants  of  each,  from  the  lowest  to  the  highest,  in  harmony 
accordingly  as  each  one  was  thought  to  need  advancement  to  sup- 
ply the  future  wants  of  the  people.  At  some  periods  one  grade 
or  branch  would  be  favored,  and  at  other  times  another.  Still  no 
time  during  that  long  period  have  those  efforts  failed  in  the  rec- 
ognition of  the  importance  of  fostering  and  providing  for  all  the 
grades  of  education,  from  the  lowest  to  the  highest,  according  to 
the  wants  of  each,  so  that  in  the  end  a  complete  system  of  educa- 
tion should  be  amply  provided  for.  It  may  be  that  in  this  instance 
the  members  of  the  convention  intended  to  get  rid  of  a  trouble- 
some matter  in  the  selection  of  the  lands  out  of  those  that  had 
been  surveyed  and  were  to  be  surveyed,  rather  than  to  inflict  any 
detriment  upon  the  University  fund. 


A  Source  Book  of  the  University  of  Texas  269 

The  land  thus  taken  away  from  the  University  cannot  be  re- 
stored, and  it  remains  to  be  considered  how  it  may  be  substituted. 
By  an  act  of  the  Sixteenth  Legislature  there  were  lands  estimated 
to  amount  to  over  11,000,000  acres  reserved  to  pay  the  public 
debt,  and  for  common  schools,  the  proceeds  of  which  to  be  equally 
divided.  Most  of  them  are  situated  in  the  Panhandle  and  in  the 
Texas  and  Pacific  railroad  reservation.  They  were  offered  for  sale 
at  fifty  cents  per  acre.  There  were  by  an  act  of  the  last  session  of 
the  Legislature  300  leagues  of  land  (1,338,400  acres)  set  apart 
and  reserved  for  the  unorganized  counties  for  common  schools, 
which  were  allowed  to  be  taken  out  of  this  reservation,  and  is 
now  being  surveyed  in  it.  These  lands  being  entirely  for  common 
schools,  a  corresponding  amount  might  be  surveyed  in  the  reser- 
vation for  the  University  without  connecting  alternate  school  lands 
with  the  surveys.  Some  of  the  reserved  lands  have  been  sold  and 
more  has  been  and  will  be  surveyed  for  sale,  before  any  action  can 
be  taken  by  the  Legislature.  There  will  still  be  left  an  amount 
sufficient,  if  the  Legislature  acts  promptly  at  this  session. 

Another  consideration  is  that  the  bonded  debt  which  the  money 
derived  ^frorn  these  lands  is  designed  to  pay,  has  been  largely 
reduced  from  other  sources,  and  the  bonds  have  greatly  increased 
In  price  in  the  market.  Our  seven  per  cent  bonds,  due  in  1905, 
rate  at  $140  to  the  $100.  The  six  per  cent  bonds  rate  not  much 
less,  if  any,  and  the  five  per  cent  bonds  rate  at  115.  One  acre 
of  these  reserved  lands  sold  for  fifty  cents  would  diminish  the 
amount  of  our  bonded  debt  a  litle  over  thirty-cents.  And  if  the 
price  of  the  lands  was  raised  to  one  dollar  per  acre,  then  an  acre 
would  pay  but  a  little  over  seventy  cents,  besides  the  premium 
on  our  seven  per  cent  bonds.  If  our  bonds  should  continue  to  en- 
hance in  price  in  the  market,  as  they  have  done  during  the  three 
years  past,  they  will  simply  be  beyond  the  reach  of  any  reasonable 
investment,  and  will  therefore  be  substantially  out  of  the  market. 
The  payment  of  the  interest  on  our  bonds  will  henceforth  require 
the  appropriation  of  a  small  sinking  fund,  now  not  more  than 
about  $60,000  per  annum,  and  will  gradually  decrease  every  two 
years,  until  the  bonded  debt  is  discharged.  Under  these  circum- 
stances, the  lands  can  well  be  spared  to  increase  the  endowment  of 
the  University  and  its  branches,  so  as  to  make  it  what  it  is  required 
to  be  by  the  Constitution,  a  university  of  the  first  class;  and 
thereby  provide  for  all  of  the  higher  grades  of  education,  corres- 
pondingly with  the  magnificent  provision  already  made  for  com- 
mon schools.  It  can  be  done  now  safely  in  reference  to  the  public 
interests.  This  is  the  last  chance  to  do  it,  by  an  appropriation  of 
public   lands.      It    must    be   done   soon,    or   never,    without    a    resort 


270  University  of  Texas  Bulletin 

to  taxation  by  change  of  the  Constitution.  Without  it  is  done,  the 
University  of  Texas,  instead  of  being  of  the  first  class,  will  drag 
along  in  comparative  insignificance  for  many  years  to  come,  until 
State  pride,  self-interest  and  patriotism  will  conspire  to  demand 
that  the  means  shall  be  furnished,  by  taxation  or  otherwise,  to 
raise  it  to  a  high  standard,  commensurate  with  the  intelligence, 
wealth,  and  future  greatness  of  this  empire  State  of  the  southwest. 
Is  it  possible  that  we  are  going  to  continue  to  send  off  our  young 
men  and  women  to  other  States  and  countries  to  receive  an  educa- 
tion in  the  higher  branches?  or  what  is  no  better,  if  not  worse,  to 
perpetually  import  from  other  States  and  countries  that  have  uni- 
versities of  the  first  class,  learned  men,  statesmen,  lawyers,  judges, 
preachers,  teachers,  scientists,  geologists,  architects,  artisans,  en- 
gineers, skilled  miners,  mechanics  and  agriculturists  to  take  the 
lead  in  administering  the  laws,  in  elevating  our  civilization,  and 
generally  to  develop  the  vast  and  varied  capacities  of  this  beautiful 
and  grand  country  of  ours?  It  is  to  be  hoped  not,  for  these  are 
the  class  of  men  who  must,  by  their  cultivated  intellect  and  skill 
in  their  employments,  shape  and  execute  the  laws,  give  tone  to  the 
social  standard,  and  direct  labor  of  the  masses  in  material  devel- 
opment. The  whole  question  about  the  establishment  of  a  first- 
class  university,  and  its  branches,  is;  shall  Texas  give  her  own 
native-born  sons  and  daughters  the  facilities  for  fitting  themselves 
to  occupy  those  higher  walks  of  life,  so  necessary  in  the  proper 
direction  of  her  future  destiny,  or  will  she  leave  her  own  sons  and 
daughters  to  be  kept  in  a  lower  sphere  of  life,  and  be  therein 
directed  by  the  learning  and  skill  of  strangers,  sons  and  daughters 
of  other  States,  who  will  come  here  and  fill  the  places  which  her 
own  sons  and  daughters  ought  to  occupy,  and  will  occupy  if  they 
are  given  a  fair  opportunity  to  do  it? 

Every  great  State  should  rear  its  own  men  in  every  stature  of 
manhood,  of  intelligence  and  of  culture,  according  to  their  capa- 
bilities, upon  its  own  soil,  and  thereby  engender  and  preserve  an 
intense  homogeneousness  in  the  character  of  its  population,  which 
must  result  in  the  concentrated  power  and  elevated  prosperity  of 
the  whole  body  politic  in  association.  This  full  result  can  be 
attained  only  by  promoting  all  of  the  grades  of  education,  from 
the  lowest  to  the  highest,  in  harmonious  co-operation  adapted  to 
the  diversified  wants  of  every  class  of  people,  whatever  may  be 
their  pursuits  in  life.  Nor  will  the  benefits  of  the  University  and 
its  branches  be  confined  to  the  sons  of  the  wealthy  few.  By  no 
means  will  that  be  so.  Place  the  facilities  of  a  higher  education 
before  the  people  of  this  State,  make  it  a  reality,  make  it  complete 
and    cheap    by    a    splendid    endowment,    and    youths    all    over    this 


A  Source  Book  of  the  University  of  Texas  271 

broad  land,  who  catch  the  inspiriation  of  high  native  talent  in  our 
common  schools,  will,  if  necessary,  struggle  up  through  poverty, 
and  through  adversity,  by  labor  and  by  perseverence,  until  they 
will  stand  in  the  front  ranks  of  the  most  gifted  and  favored  in 
the  halls  of  learning,  and  afterwards  will  adorn  every  sphere  of 
life  with  their  brilliant  accomplishments  and  practical  usefulness. 
So  it  has  been  in  other  countries  and  so  it  will  be  here. 

By  adding  2,000,000  acres  of  land  to  the  1,000,000  of  acres  here- 
tofore set  apart  for  the  University,  and  making  proper  arrange- 
ments for  its  disposition,  a  permanent  fund  might  be  accumulated 
that  would  ultimately  be  adequate  to  meet  the  expenses  of  estab- 
lishing  and   maintaining   a   first   class   university. 

One  thing  that  will  retard  its  growth  is,  that  the  interest  on 
the  sales  of  lands  can  not  be  used  as  available  fund,  like  the  in- 
terest accruing  on  the  sales  of  lands  belonging  to  the  public  free 
schools.  That  difficulty  exists  also  with  the  county  school  lands, 
and  therefore  it  might  be  practicable  to  have  the  Constitution 
changed  as  to  both  of  them  together  in  the  same  amendment.  The 
Constitution  is  silent  as  to  any  other  mode  of  disposing  of  the  Uni- 
versity lands,  except  by  sale,  and  is  also  silent  as  to  any  other  mode 
of  realizing  an  annual  available  fund  for  the  support  of  the  University 
than  accruing  interest  on  the  lands. 

A  lease  of  the  lands,  if  found  practicable,  may  obviate  the  diffi- 
culty, by  allowing  the  rente  to  be  paid  directly  to  the  regents,  for 
defraying  the  expenses  of  establishing  and  carrying  on  the  insti- 
tution. The  price  of  the  land  should  at  once  be  fixed,  at  least  at 
a  dollar  per  acre. 

In  furtherance  of  the  same  object,  I  respectfully  recommend 
that  an  act  be  passed  recognizing  the  validity  of  the  bonds  issued 
in  1867,  with  the  investment  of  the  interest  that  would  belong  to 
the  permanent  fund,  and  the  appropriation  of  the  interest  that 
would  belong  to  the  available  fund,  as  suggested  and  recommended 
by  the  Comptroller  in  his  report  that  was  laid  before  the  Board 
of  Regents,  to  which  reference  has  already  been  made. 

I  would  also  respectfully  recommend  that  the  Board  of  Direc- 
tors of  the  Agricultural  and  Mechanical  branch  of  the  University 
be  dispensed  with,  and  the  number  of  regents  be  enlarged,  bo  as 
to  incorporate  in  the  same  body  the  directors  and  regents.  There 
is  no  use  for  two  boards.  A  positive  disadvantage  might  often 
result  from  a  want  of  harmony  between  them.  With  a  common 
control  by  the  Board  of  Regents  over  all  of  the  branches,  and  a 
provision  of  ample  means  to  support  them  all,  and  build  them  up 
gradually  together,  according  to  the  relative  importance  of  each 
one,  all  strife  for  the  advancement  of  one  to  the  prejudice  of  the 
others  would  not  be  allowed  to  exist,  and  each  one  could   have  its 


272  University  of  Texas  Bulletin 

due  share  of  promotion,  according  to  the  means  at  command,  and 
as  would  best  forward  the  interests  of  the  country. 

Your  attention  is  invited  to  the  institutions  of  learning  already 
established,  and  in  part  sustained  by  appropriations  from  the  Univer- 
sity fund,  to  wit:  The  Agricultural  and  Mechanical  College  and 
the  Prairie  View  Normal  School. 

The  donation  of  lands  by  the  United  States  to  induce  the  estab- 
lishment of  an  agricultural  and  mechanical  college  was  accepted  by 
the  State  and  was  converted  into  Texas  State  bonds,  which  bring  an 
interest  now  amounting,  annually  to  $14,280.  It  was  provided  in 
the  act  of  donation  that  none  of  this  money  should  be  expended  for 
buildings  or  repairs,  but  should  be  applied  to  the  maintenance  of 
the  school.  The  State  of  Texas  appropriated  (including  the  appro- 
priation of  $40,000  in  1876)  about  $180,000  in  the  erection  of 
the  buildings,  and  for  other  improvements  of  the  said  college.  In 
1875  a  law  was  passed  organizing  said  college  and  providing  that 
the  interest  of  the  special  fund  donated  by  the  United  States  shoa'.d 
be  applied  to  pay  the  directors,  professors  and  officers  of  the  college, 
an'd  it  has  been  used  exclusively  for  that  purpose.  The  annual  in- 
terest now  is  about  $2200  in  excess  of  the  amount  necessary  to  pay 
the  professors  and  officers.  At  the  last  session  of  the  Legislature 
an  act  was  passed  limiting  the  pay  of  the  directors  to  their  actual 
expenses  incurred  in  attending  the  meetings  of  the  board,  to  be 
paid  out  of  the  interest  of  the  University  fund.  By  the  Constitution 
that  went  into  effect  on  the  seventeenth  of  April,  187  6,  the  Agricul- 
tural and  Mechanical  College  was  made  a  branch  of  the  Univer-;  y 
of  Texas  "for  instruction  in  agriculture,  the  mechanical  arts,  and 
the  natural  sciences  connected  therewith."  I  respectfully  refer 
you  to  "the  Report  of  the  Agricultural  and  Mechanical  College," 
herewith  submitted,  to  show  you  that  it  is  now  an  institution  es- 
pecially devoted  to  those  objects.  The  facts  that  I  have  here 
stated  will  suffice  to  show  that  the  resources  from  which  it  is  to 
be  maintained  and  improved  are  the  special  fund  donated  by  the 
United  States,  the  University  fund,  the  tuition  of  the  pay  students, 
and  the  profits  of  that  which  may  be  produced  in  the  agricultural 
and  mechanical  operations  at  the  college. 

At  the  last  session  of  the  Legislature  an  appropriation  was  made 
out  of  the  University  fund,  $7,500  for  two  years,  to  maintain  and 
instruct  three  students  from  each  one  of  the  senatorial  districts  in 
the  State,  making  ninety-three  in  all.  The  report  submitted  to  you 
shows  the  amount  required  to  be  appropriated  to  carry  on  the  school 
to  the  end  of  this  appropriation  year  wil  be  $3,360. 

This  school  is  an  experiment,  the  policy  of  which  was  inaugurated 
by  the  United  States,  by  the  donation  of  lands,  to  aid  the  State  in 
establishing  and  maintaining  it.  Its  object  is  to  afford  facilities 
for  a  species  of  education  that  will  secure  skilled  labor  in  our  own 


A  Source  Book  of  I  In   University  of  Texas  273 

country,  instead  of  importing  it  from  other  States  and  countries. 
It  is  something  that  has  not  heretofore  entered  into  the  habits  of 
the  people  of  Texas,  and  consequently  has  not  been  properly  ap- 
preciated by  them  as  an  element  of  material  development.  Henca 
the  Legislature  made  the  appropriation  to  maintain  a  number  of 
students  free  of  charge,  drawn  from  diferent  parts  of  the  State, 
whose  education  and  training  at  the  school  would  exhibit  all  over 
the  State  the  great  importance  of  that  species  of  education. 

The  success  of  the  institution  depends  largely  upon  continuing 
this  appropriation  and  making  it  adequate  so  long  as  it  may  be 
necessary  to  give  the  experiment  a  fair  trial.  In  view  of  the  vast 
material  interests  in  Texas,  now  awaiting  development,  there  cer- 
tainly can  be  no  branch  of  education,  above  that  of  a  common  school, 
more  important  than  that  which  would  enable  the  sons  of  Texas 
to  fill  the  positions  of  skilled  labor,  that  must  and  will  be  filled  by 
others,  if  not  by  them,  in  building  up  the  future  prosperity  of  the 
State. 

In  the  organization  of  this  college  there  was  no  provision  for 
the  admission  of  colored  youths,  although  the  donation  made  by  the 
United  States  to  maintain  it  may  well  be  presumed  to  have  been 
intended  for  all  classes  of  citizens  within  the  State. 

To  make  some  corresponding  provision  for  the  colored  people,  an 
effort  was  made  in  the  Fifteenth  Legislature  (1876)  to  establish  a 
branch  of  the  Agricultural  and  Mechanical  College  for  colored 
youths,  which  resulted  in  the  passage  of  a  law  "to  establish  an  agri- 
cultural and  mechanical  college  for  the  benefit  of  the  colored 
youths,"  appropriating  $20,000  "to  locate,  erect,  furnish,  and  operate 
said  college,"  and  placing  it  under  the  control  of  the  board  of 
directors  of  the  Agricultural  and   Mechanical  College. 

Instead  6f  the  building  being  erected,  the  land  and  buildings  of 
Alta  Vista,  near  Hempstead,  were  purchased  and  the  school  organ- 
ized, and  was  kept  up  with  a  few  scholars  for  a  short  time,  but  was 
entirely  without  scholars  before  January  1,  1879.  The  said  ap- 
propriation covered  the  said  purchase  and  the  operating  of  said 
school  while  it  was  kept  up  in  the  shape  in  which  it  was  first  in- 
augurated. This  appropriation  was  made  and  paid  out  of  the  gen- 
era] revenue,  and  not  out  of  the  University  fund.  Considering  that 
the  Legislature  was  acting  under  a  constitution  that  had  gone  into 
effect  only  a  few  months,  it  is  more  reasonable  that  this  was  an  in- 
advertance  than  that  they  intended  to  abandon  the  evident  intention 
of  making  an  addition  to  the  A.  and  M.  College  for  the  benefit  of 
the  colored  people  of  the  State,  compensating  them,  to  sonic  extent. 
for  their  not  being  allowed  to  enter  the  college  already  established, 
mixed  schools  of  white  and  colored  students  being  against  the 
policy  of  the  State.  It  is  evident  also  that  this  was  not  Intended  by 
the  Legislature  to  be  the  "college  or  branch   university"   referred  to 

IS — 227 


214  I  niversity  of  Texas  Bulletin 

t ion  14,  article  S,  of  the  Constitution.  For  in  the  same  section 
providing  for  that  branch  it  is  expressly  provided  that  its  location 
shall  be  determined  by  a  vote  of  the  people,  and  that  "no  tax  shall 
be  levied  and  no  money  appropriated  out  of  the  general  revenue  for 
this  purpose,"  which  could  hardly  have  escaped  the  attention  of  the 
Legislature  if  they  had  intended  by  this  act  to  establish  "the  college 
or  branch  university." 

The  Sixteenth  Legislature  (1879)  passed  a  law  "for  the  organi- 
zation and  support  of  a  normal  school  at  Prairie  View  (formerly 
called  Alta  Vista),  in  Waller  county,  for  the  preparation  and  train- 
ing of  colored  teachers."  This  act  retained  the  school  under  the 
control  of  the  Directors  of  the  Agricultural  and  Mechanical  College, 
and  the  labor  feature  also  as  a  part  of  the  employment  of  the 
students,  adding  the  normal  features  similar  to  those  in  the  Sam 
Houston  Normal  school,  established  at  the  same  session  of  the  Leg- 
islature, which  were  certainly  not  incongruous  or  inconsistent  with 
the  original  design  of  this  school,  as  an  addition  to  the  Agricultural 
and  Mechanical  College,  for  the  benefit  of  the  colored  citizens  to 
special  branches  of  education.  This  act  made  it  "the  duty  of  the 
Comptroller  of  Public  Accounts  annually  to  set  apart,  out  of  the 
interests  accruing  from  the  University  fund,  appropriated  for  the 
support  of  public  free  schools,  the  sum  of  $6,000  for  the  support  of 
said  normal  schools."  There  was.  in  fact,  then  no  "interest  ac- 
cruing from  the  University  fund"  that  had  been,  or  could  then  be, 
under  our  present  Constitution,  "appropriated  for  the  support  of  pub- 
lic free  schools."  This  was  construed  to  be  an  appropriation  simply 
out  of  the  University  available  fund  by  the  Hon.  S.  H.  Darden,  then 
Comptroller,  and  afterwards  so  construed,  and  acted  upon  by  the 
present  Comptroller,  Hon.  W.  M.  Brown,  until  this  appropriation 
for  two  years  was  exhausted  in  the  support  of  said  school  during 
its  first  two  sessions,  ending  in  June  of  1881,  during  all  which  time 
both  features,  in  the  operations  of  said  school,  to  wit:  labor-em- 
ployments, and  the  training  for  teachers,  were  carried  out  in  propor- 
tion to  the  facilities  furnished  for  them. 

To  exhibit  further  the  character  and  relation  of  the  school  being 
thus  instituted  by  the  Sixteenth  Legislature,  according  to  their  own 
conception  of  it,  reference  may  be  made  to  two  other  enactments  by 
them.  In  the  Revised  Civil  Statutes,  adopted  at  the  regular  session 
of  1879,  it  is  styled  the  "Agricultural  and  Mechanical  College,  for 
the  benefit  of  colored  youths,  located  in  Waller  county";  and  is 
placed  under  the  "supervision  and  control  of  the  board  of  directors 
of  the  Agricultural  and  Mechanical  College,  located  in  Brazos 
county,"  who  were  given,  in  all  respects,  the  same  powers,  and  re- 
quired to  perform  the  same  duties,  in  reference  to  the  college  named, 
as  they  are  clothed  with  in  reference  to  the  Agricultural  and  Me- 
chanical College  located  in  Brazos  county.     This,  doubtless,  was  in- 


A  Source  Book  of  the  University  of  Texas  275 

serted  by  the  digesters  before  the  act  reforming  the  school  at  that 
session,  and  may  not  have  attracted  the  attention  of  the  Legislature. 
But  not  so  with  the  act  of  the  special  session  of  the  same  Legisla- 
ture, approved  the  ninth  day  of  July,  1879,  making  supplemental 
appropriations,  as  follows,  to  wit: 

"PRAIRIE   VIEW  AGRICULTURAL   COLLEGE" 

"Additional  for  the  branch  agricultural  college  for  the  colored 
youths,  at  Prairie  View,  to  be  taken  from  the  university  fund, 
$1,600." 

Upon  the  convening  of  the  Seventeenth  Legislature,  in  January, 
1881,  my  message  presented  my  views  in  regard  to  this  school, 
stating,  in  substance,  that  in  view  of  its  main  benefits,  it  was  simply 
a  normal  school,  and  therefore,  it  was  doubtful  whether  it  could 
be  supported  by  appropriations  out  of  the  University  fund;  and  ex- 
pressed the  same  thing  in  regard  to  the  support  of  the  Sam  Houston 
normal  school,  out  of  the  fund  of  the  public  free  schools;  and  urged 
the  propriety  of  supporting  both  of  said  schools  by  appropriations 
from  the  general  revenue;  and  that,  as  they  were  necessary  aux- 
iliaries of  our  common  schools,  the  amounts  appropriated  to  them 
be  deducted  from  the  amount  of  the  general  revenue  that  would 
otherwise  be  appropriated  and  distributed  to  the  public  free  schools 
in  the  counties  of  the  State.  Notwithstanding  this  urgent  recom- 
mendation, the  Legislature  persisted  in  retaining  this  school  as  an 
adjunct  to  the  Agricultural  and  Mechanical  College,  and  conse- 
quently as  a  part  of  the  University  of  Texas,  by  an  appropriation 
act,  approved  April  1,  1881,  in  which  the  following  is  found,  to  wit: 
"Support  of  Prairie  View  Normal  Institute,  for  the  years  ending 
August  31,  1882,  and  August  31,  1883,  out  of  the  university  fund, 
$6,000"  (each  year.)  To  this  was  added  an  appropriation  for  two 
mules,  a.  wagon  and  other  things,  of  $2,000  out  of  the  University 
fund. 

It  is  well  known  that  the  question  as  to  what  was  the  proper  fund 
out  of  which  this  appropriation  was  to  be  taken,  was  duly  consid- 
ered and  settled  by  the  Legislature.  This  doubt  about  the  constitu- 
tionality of  the  appropriation  was  produced  by  a  consideration  of 
the  conflicting  conclusions  to  be  drawn  from  the  different  laws 
passed,  indicating  its  object,  its  organization,  and  its  status  in  our 
school  system;  and  the  object  of  my  recommendation  was  to  re- 
lieve it  from  that  attitude.  When,  however,  the  Seventeenth  Leg- 
islature followed  the  example  of  the  previous  Legislature  in  ap- 
propriating money  for  its  support  of  the  University  fund,  I  consid- 
ered that  there  was  enough  in  the  history  of  the  Legislature,  and 
the  facts  pertaining  to  the  school,  to  justify  its  being  regarded  as 
part  of  or  an  addition  to  the  Agricultural  and  Mechanical  College, 
as   it    had    evidently   been   by    both    the    Sixteenth    and    S'evr-titconth 


•_>7<i  /  niversity  of  Texas  Bulletin 

Legislatures,  and  therefore  1  cl i <1  not  object,  in  the  mode  pointed 
out  by  the  Constitution,  to  the  appropriation  thus  made. 

Jn  January  last  I  learned,  by  a  publication  of  the  Comptroller's 
opinion  in  the  Galveston  News  of  the  twelfth  of  that  month,  that 
he  had  refused  to  audit  accounts  made  in  support  of  the  Prairie 
View  Normal  School  during  its  present  session  upon  the  ground  that 
the  law  making  an  appropriation  for  its  support  out  of  the  Tni- 
versity  fund  was  unconstitutional  and  void.  The  issue  thus  raised 
between  the  Legislature  and  the  Comptroller,  by  a  difference  of 
opinion  on  that  subject,  I  do  not  now  propose  to  discuss  before  your 
honorable  bodies,  as  I  am  not  officially  a  party  in  it.  The  Legisla- 
ture being  now  in  session  to  take  such  action  as  may  be  deemed 
right  and  proper,  it  is  only  necessary  to  explain  what  has  been  done 
to  sustain  the  school,  notwithstanding  that  decision. 

Shortly  after  I  heard  of  that  decision  the  Hon.  Wm.  M.  Brown, 
Comptroller,  upon  my  invitation,  did  me  the  courtesy  to  call  on  me 
in  my  room  where  I  was  confined  from  sickness,  and  hear  from  me 
such  arguments  as  I  could  then  adduce  to  induce  him  to  audit  the 
accounts  as  he  had  been  doing,  and  defer  his  final  decision  until 
the  Legislature  should  be  convened.  Understanding  that  he  was 
willing  to  hold  the  matter  under  consideration,  I  set  about  present- 
ing my  views  in  a  letter  to  him  more  fully  than  I  had  done.  That 
letter  was  written  not  in  a  spirit  of  dictation,  and  with  an  express 
recognition  of  his  conscientiousness  in  the  formation  of  his  judgment 
as  to  hs  duty.  In  the  mean  time  a  letter  was  addressed  to  me  by 
E.  H.  Anderson,  the  principal  of  the  school,  stating  that  the  ac- 
counts for  three  months  (amounting  to  $1863.44)  had  not  been 
paid,  that  he  had  only  two  weeks  supplies,  no  credit  and  no  money, 
and  expressing  the  hope  that  some  way  could  be  devised  to  continue 
the  school.  I  had  written  to  the  Hon.  E.  B.  Pickett,  President  of 
the  Board  of  Directors  of  the  Agricultural  and  Mechanical  College, 
advising  that  some  effort  should  be  made  to  sustain  the  school,  if 
it  became  necessary.  No  answer  was  received,  but  the  news  of 
his  death  reached  here  before  my  letter  to  the  Comptroller  was 
finished.  The  president  of  the  board  was  the  only  person  author- 
ized by  law  to  convene  the  board  for  action.  Just  as  the  letter  was 
finished  I  was  informed  by  the  Hon.  Wm.  M.  Brown  that  he  ad- 
hered to  his  decision.  I  wrote  at  once  to  Mr.  C.  C.  Wiggins  at 
Houston,  one  of  the  directors  of  the  Agricultural  and  Mechanical 
College,  suggesting  the  propriety  of  his  using  his  influence  to  get 
supplies  and  other  means  advanced  to  support  the  school,  upon  the 
faith  that  the  Legislature  when  it  met  would  provide  for  the  pay- 
ment of  the  accounts,  to  which  matter  he  promptly  applied  himself. 

The  publication  of  my  letter  having  attracted  public  attention  to 
the  condition  of  the  school,  several  gentlemen  generously  and  vol- 
untarily undertook  to  aid  in  advancing  means  to  support  the  school, 


A  Source  Bool,-  of  (he  University  of  Texas  -t~i 

until  the  Legislature  should  meet  and  act  on  the  subject.  Messrs. 
Ellis  and  Carson,  merchants  of  the  city  of  Houston,  have  furnished 
supplies,  about  $300  worth  per  month  for  February,  March  and 
April.  Col.  James  M.  Burroughs  of  Galveston,  furnished  $o»io  in 
money  per  month  for  the  months  of  February  and  March,  and  Jas. 
H.  Raymond  and  Co.,  of  Austin,  furnished  $300  in  money  for  the 
month  of  April. 

Those  gentlemen  would  have  furnished  more  if  necessary.  Ac- 
counts for  the  supplies  and  money  advanced  and  expended  for  the 
support  of  the  school  will  be  duly  made  out  for  approval.  Their 
amounts,  with  the  amounts  of  the  accounts  that  were  rejected,  will 
be  furnished  to  the  Legislature. 

The  accounts  for  the  support  of  State  students  at  the  Agricultural 
and  Mechanical  College,  not  having  been  approved  by  the  president 
of  the  board,  E.  B.  Pickett,  could  not  be  audited  for  payment  by 
the  comptroller. 

Upon  my  suggestion,  the  directors  met  at  the  Agricultural  and 
Mechanical  College  on  the  ninth  of  February  last,  elected  a  presi- 
dent of  the  board,  and  provided  for  having  reports  made  of  their 
proceedings  in  regard  to  both  of  the  schools,  which  are  respectfully 
herewith  submitted.  One  of  their  recommendations  was  that  $2  200 
of  the  annual  interest  of  the  special  fund  donated  by  Congress  be 
set  apart  to  pay  teachers  in  the  Prairie  View  Normal  School,  that 
amount  not  being  needed  to  pay  the  professors  and  officers  of  the 
Agricultural  and  Mechanical  College.  This  was  doubtless  made  in 
anticipation  that  the  Legislature  would  adhere  to  its  determination  to 
preserve  and  continue  the  connection  between  the  two  schools.  In 
the  event  of  that  determination,  I  would  respectfully  recommend  not 
only  that  to  be  done,  as  an  act  of  simple  justice  to  the  colored  race, 
in  giving  them  a  small  share  of  the  benefit  derived  from  the  special 
fund  donated  by  the  Federal  government,  but  also  that  the  laws 
relating  to  that  school  be  so  amended  to  indicate  that  connection, 
by  such  express  and  unequivocal  terms  and  provisions  as  to  leave 
no  possible  grounds  for  doubt  about  it;  and  also,  in  any  event,  I 
recommend  that  ample  provision  shall  be  made  to  pay  the  expenses 
that  have  been  and  may  be  incurred  in  the  support  of  said  Prairie 
View  Normal  School,  and  to  perpetuate  its  existence  as  a  permanent 
institution  of  the  State. 

In  regard  to  these  two  schools,  considered  and  treated  as  they 
have  been  by  the  Legislature  as  a  part  of  the  University  of  Toxa?, 
the  practical  question  is,  what  substantial  benefit  would  it  be  to 
the  main  University  located  at  Austin,  and  to  the  medical  depart- 
ment at  Galveston,  if  the  appropriations  that  have  been  made  to 
support  the  State  students  at  the  Agricultural  and  Mechanical  Col- 
lege and  to  carry  on  the  Prairie  View  Normal  School  were  to  be 
withdrawn. 


278  University  of  Texas  Bulletin 

The  $47,000;  or  at  most  the  $68,000  of  available  fund  that  will 
nave  accrued  by  the  first  day  of  January,  1883,  supplemented  by  the 
subsequently  accruing  interest  annually  of  $20,000  or  $29,000,  aided 
by  the  annual  increase  of  $2,000  from  the  sale  of  lands  and  the 
investment  of  its  proceeds,  will  not  be  sufficient  means  to  erect 
the  necessary  buildings,  buy  libraries,  apparatus,  furniture,  and 
other  necessary  appliances,  and  pay  professors  for  a  first  class  uni- 
versity, embracing  the  main  university  and  medical  department 
alone  for  many  years  to  come. 

The  continued  encouragement  of  the  two  schools  already  es- 
tablished, and  in  successful  operation,  will  do  good  in  the  promotion 
of  education  commensurate  with  the  bounty  given  them.  Why 
cripple  them  in  their  progress,  in  the  ineffectual  effort  to  establish 
and  maintain  something  higher?  It  would  seem  to  be  far  more 
practical  to  hold  on  to  what  has  been  attained  and  gradually  build 
up  the  higher  departments  as  it  may  be  found  practicable,  by  in- 
creasing the  University  permanent  fund,  as  recommended,  and  by 
utilizing  it  more  speedily,  so  that  as  soon  as  practicable,  it  can  be 
made  adequate  to  the  support  of  the  University,  with  all  of  its 
branches,  in  harmonious  co-operation.  That  being  done,  and  our 
magnificient  provision  for  common  schools  being  also  properly 
utilized,  and  a  free  education  of  every  grade,  from  the  highest 
to  the  lowest,  offered  to  every  class  of  our  citizens,  Texas  may  rear 
upon  her  own  soil  the  elements  of  greatness  in  the  general  and 
elevated  intelligence  of  her  people,  as  well  as  in  her  industrial  en- 
terprises and  products,  and  thereby  fulfil  a  grand  destiny  which  her 
fertile  soils,  her  salubrious  climate  and  her  large  extent  of  territory 
invitingly  demand  of  her. 

THE  SALE,  LEASING  OR  OTHER  DISPOSITION  OF  THE  PUBLIC 

LANDS 

Another  purpose  for  which  the  Legislature  has  been  convened  is 
to  make  further  provision  for  the  disposition,  by  sale,  or  otherwise, 
of  lands  belonging  to  the  public  free  schools,  to  the  University,  to 
the  asylums,  and  of  the  lands  reserved  to  pay  the  public  debt. 

Our  financial  condition,  our  State  credit,  as  indicated  by  the  price 
of  our  bonds  in  the  market,  our  small  public  debt,  our  low  and 
diminishing  taxes,  our  railroads,  now  spanning  the  State  in  different 
directions,  the  rapidly  increasing  prosperity  of  our  people  and  the 
immensity  of  their  varied  products,  the  vast  endowments  of  lands 
for  educational  purposes,  our  wide  extended  domains  of  fertile 
lands,  offered  for  sale  cheaply,  have  at  last  been  heard  of  and 
credited  abroad.  Consequently  population,  enterprise  and  capital 
are  more  attracted  to  Texas  now  than  ever  before.  They  are  prin- 
cipally directed  towards  western  Texas,  where  most  of  our  school 
lands,   University   lands   and   asylum   lands,   and   lands   reserved   to 


A  Source  Book  of  the  University  of  Texas  279 

pay  the  public  debt  are  located.  Those  lands  are  valuable  for  graz- 
ing and  for  the  raising  of  small  grains,  and  at  present,  to  no  very 
great  extent  relatively,  for  the  production  of  mixed  crops,  such  as 
are  produced  with  remarkable  certainty  in  most  of  the  settled  parts 
of  the  State.  The  scarcity  of  wood  and  water  in  many  parts  of  it 
makes  its  present  utilization  depend  largely  upon  capital  and  en- 
terprise.1 Much  of  it  is  being  utilized  for  private  gain  by  the  graz- 
ing of  large  stocks  of  cattle,  sheep  and  horses,  that  are  making 
millions  of  money  for  their  owners,  who  have  parcelled  out  the 
country  each  by  tacit  consent,  or  other  agreement,  each  respecting 
.the  other's  claim  of  territory,  as  if  the  land  belonged  to  them.  These 
stockmen  must  now  be  aware  that  men  of  capital  are  coming  thick 
and  fast  from  other  States  to  buy  the  lands  to  make  wheat  farms 
and  stock  ranches,  where  their  stocks  are  now  grazing,  unless  they 
buy  or  otherwise  get  legal  control  of  the  lands  themselves. 

The  time,  long  deferred,  has  now  fortunately  arrived  when  these 
lands  can  be  utilized  for  the  benefit  of  our  school  children  and  to 
build  up  an  University  with  its  branches.  Such  objects,  tnat  are 
now  within  our  grasp,  if  we  will  but  reach  out  for  them  now,  snould 
not  be  postponed  under  the  plea  that  the  lands  should  be  held  up, 
and  offered  for  sale  in  small  bodies  for  settlers.  This  has  always 
been  delusive,  having  for  the  most  part,  as  may  well  be  suspected, 
been  set  up  and  urged  by  persons  who  had  lands  of  their  own  to 
sell. 

That  this  policy  so  long  heretofore  engrafted  on  tne  State,  has 
not  had  the  effect  to  place  settlers  on  the  public  lands,  is  demon- 
strated by  the  fact,  that  although  during  the  last  forty  years  pre- 
emptions have  been  granted  to  settlers,  and  during  that  time  our 
population  increased  many  hundred  thousands,  there  were  only 
about  eighteen  thousand  applicants  for  pre-emptions,  and  many 
of  them  abandoned  their  claims,  and  during  the  five  and  one-half 
years  that  common  school  lands  were  offered  for  sale  to  settlers,  who 
might  purchase  only  one  hundred  and  sixty  acres  at  one  dollar  and 
a  half  per  acre,  payable  with  interest  in  ten  years,  there  were  only 
about  10,000  acres  sold  each  year.  The  law  of  1879  allowing  the 
purchase  of  three  sections  of  land,  without  requiring  settlement  on 
them,  and  that  of  the  last  session  extending  it  to  seven  sections,  have 
given  an  impetus  to  the  sale  by  which  more  than  1,000,000  of  acres 
of  school  lands  have  been  sold  in  less  than  three  years. 

If  these  lands  should  be  offered  for  sale  in  still  larger  quantities, 
on  a  long  credit,  with  moderately  low  interest,  or  if  they  should 
be  leased  upon  a  reasonable  rent,  men  of  both  large  and  small 
means,  can,  and  will,  take  up  the  lands  rapidly  for  stock,  and  also 
for  farming,  where  it  is  profitable,  with  the  peculiar  advantage  of 
investing  all  of  their  means  in  stock  or  farming  operations,  instead 
of  only  a  part  of  them,  as  is  the  case  in  those  States  where  lands  can 


2S0  University  of  Texas  Unlit  I'm 

be  obtained  only  by  paying  ready  money  for  them.  This  will 
readilj  enlarge  our  common  .school  facilities,  and  increase  the 
scholastic  term  every  year,  hy  the  rapid  increase  of  the  available 
fund,  because  th-e  interest  on  the  notes,  for  which  the  land  was  sold 
as  well  as  the  notes  can  be  used  annually,  and  the  available  fund 
of  the  University,  and  of  county  school  lands,  might  be  increased 
in  the  same  way,  by  an  amendment  of  the  Constitution,  which  would 
be  readily  adopted  if  offered  to  a  vote  of  the  people  at  a  regular 
session  of  the  Legislature.  This  would  make  it  necessary  to  create 
a  land  agency  for  the  management  of  this  business,  either  separately 
or  in  connection  with  the  State  -executive  officers  who  now  have 
charge  of  it,  as  I  have  heretofore  recommended.  I  would  respect- 
fully refer  you  to  the  Report  of  the  Commissioner  of  the  General 
Land  Office  for  a  general  view  of  our  land  system,  and  especially  to 
his  valuable  suggestions  about  our  mineral,  and  pine  timber  lands, 
as  to  the  proper  means  of  utilizing  them. 

It  may  be  anticipated  with  a  certainty  that  a  vigorous  effort  will 
be  made  to  open  up  the  reservation  made  in  187  9,  of  lands  to  pay 
the  public  debt,  and  for  the  common  schools,  for  the  location  of 
railroad  certificates  upon  them.  For  some  time  those  certificates 
have  been  issued  with  the  full  knowledge  on  the  part  of  those  who 
demanded  and  received  them,  and  of  those  who  sold  and  bought 
them  generally,  that  the  public  lands  subject  to  location  were  nearly, 
if  not  quite,  exhausted,  and  hence  the  market  price  has  been,  and 
is,  less  than  ten  cents  per  acre.  They  have  been  bought  on  specu- 
lation, and  if  the  owners  generally  could  get  one-third  of  them 
located  on  good  pastoral  or  farming  lands,  a  good  profit  would  be 
realized.  Still  it  is  doubtful  whether  or  not  they  would  be  satisfied 
with  it,  if  such  an  arrangement  could  be  made  through  the  passage 
of  a  law  shaped  as  it  may  be. 

If  the  grounds  of  an  •equitable  claim  upon  the  State  is  left  be- 
hind to  linger  and  get  strength  by  the  oblivion  of  th-e  facts  now  well 
known,  the  larger  the  future  claim  for  compensation,  the  more  dan- 
gerous to  the  interests  of  the  State  it  will  be.  Texas  nas  had  a  sore 
experience  in  claims  of  this  sort  in  me  instances  of  Peter's  and 
Mercer's  colony  contracts,  as  well  as  in  others,  of  which  it  is  not 
yet  entirely  clear,  after  the  lapse  of  nearly  forty  years.  The  al- 
ternative is  presented  to  the  Legislature  between  the  opening  of 
the  reservation  to  the  location  of  certificates,  except  to  the  claim 
Bet  up  for  the  University,  or  the  retention  of  the  reservation  with 
the  entailment  of  a  lobby  prosecution  of  the  claim  for  all  time 
to  come,  until  some  sort  of  a  compromise  shall  have  been  effected, 
as  has  been  the  case  in  other  claims.  Whatever  may  be  your  deter- 
mination of  this  issue,  I  respectfully  recommend  that  laws  be 
passed  at  once  to  raise  the  price  of  lands  in  said  reservation  to  at 
least  one  dollar  per  acre,  and  to  repeal  all  laws  granting  land  cer- 
tificates to  railroad  companies,  which  subj-ects  are  hereby  submitted 
to  you  for  action  during  the  present  session. 


A  Soura   Hon];  of  tfh    University  of  Texas  281 

May  5,   1882;    H.  J.,  p.   145;   S.  J.,   p.  90 

I  respectfully  submit  herewith  to  you  the  communication  of  the 
Hon.  W.  C.  Walsh,  in  relation  to  the  sale  of  the  public  free  school 
lands,  as  provided  In  section  eight,  in  chapter  one  hundred  and 
five  of  the  general  laws  passed  at  the  last  session  of  the  Legislature 
(page  121),  under  which  the  said  lands  will  be  sold  at  a  ruinous 
sacrifice  and  loss  of  interest.  My  attention  has  never  been  called 
to  this  provision  until  late  in  the  day  of  yesterday,  and  it  is  re- 
garded to  be  of  extreme  importance  that  this  law  should  be 
amended  so  that  the  interest  should  accrue  on  the  whole  amount 
due  upon  the  sale  of  said  land,  instead  of  upon  the  annual  install- 
ment, as  therein  provided.  It  is  also  shown  to  be  very  necessary 
that  some  further  action  should  be  taken  in  regard  to  the  sale 
of  the  pine  lands  belonging  to  the  public  schools. 

I  beg  leave  also  to  call  attention  to  the  fact  that  there  is  no  law 
providing  for  the  sale,  leasing  or  other  disposition  of  the  1,000,000 
acres  of  University  lands.  As  this  Legislature  provided  for  the 
location  and  organization  of  the  University,  and  as  the  Board  of 
Resents  are  awaiting  your  action  before  determining  what  they 
can  or  should  do  in  the  provision  for  its  establishment,  it  would 
seem  to  be  proper  to  utilize  those  lands  as  soon  as  practicable.  It 
is    believed    that   it    can    now    be    done. 

Said  board  will  be  much  restricted  in  their  efforts  if  the  bonds 
issued  in  1867  (heretofore  styled  bonds  of  doubtful  validity) 
should  not  be  declared  valid  and  the  interest  thereon  be  allowed 
and  put  into  bonds  so  far  as  it  belongs  to  the  permanent  fund,  and 
appropriated  so  far  as  it  belongs  to  the  available  fund  of  the  Uni- 
versity. 

A  corresponding  benefit  might  be  given  to  the  common  school 
fund  by  paying  back  to  it  the  money  heretofore  used  by  being 
turned  over  to  the  general  revenue. 

By  such  means  both  of  these  funds  might  now  be  properly  ad- 
justed, so  as  to  have  the  amounts  of  money  restored  that  have  here- 
tofore  been   taken    from   them. 

It  is  respectfully  suggested  that  the  work  of  the  Seventeenth  Leg- 
islature in  their  laudable  efforts  to  augment  these  funds  for  tli«> 
promotion  of  education,  will  be  incomplete  if  the  matters  In- 
ferred to  are  not  acted  upon  at  the  present  session.  I  therefore 
recommend  that  it  be  done,  if  practicable  and  consistent  with  your 
judgment  of  its  propriety. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.    B.   3 — By   Mr.   Woods. 

To    protect    the    issuance    of    land    certificates. 


282  University  <>f  Texas  Build  lit, 

li.  .1.  :;.     See  Lane,  pp.  214-215. 
H.  B.  55 — By  Mr.  Todd. 

To  set  aside  2,500,000  acres  for  the  University  out  of  the  public 
domain. 

Died.     See  Lane,  pp.  219-220.     H.  J.  p.  35. 
H.    B.    58 — By   Mr.   Hutcheson. 

To  fix  the  status  of  Prairie  View  Normal. 

H.  J.  p.  43. 
H.    B.    66 — By  Mr.   Baker. 

Appropriation  bill.     Became  a  law.     H.  J.  pp.  47,  72,  99,  101,  103, 
104,  105,  106.     S.  J.  pp.  75,  77,  80,  83,  87,   89. 
H.   B.   83 — By  Mr.   Bruce. 

To   provide   for   Asylum,    Capitol,    and    University    sewer. 

Died.     H.  J.  p.   62. 
H.   B.    85 — By  Mr.   Hill. 

To  provide  for  sale  of  timber  on  University  and   Asylum   lands. 

Died  on  calendar.     H.  J.  pp.  67,  94. 
H.  B.  90 — By  Mr.  Woods. 

To  set  apart  a  portion  of  the  public  lands  for  the  University  and 
Prairie  View  Normal. 

Unfavorably  reported.  H.  J.  pp.  74,  94. 
H.   B.   91 — By  Mr.   Woods. 

To  repeal  "an  act  to  provide  for  sale  of  portion  of  public  lands." 

H.  J.  pp.  74,  94. 
H.    B.    103 — By   Mr.   Hutcheson. 

To  recognize  and  pay  the  debt  of  the  State  to  common'  school 
and   University  funds. 

Favorably  reported-     H.  J.  pp.  105,  119. 
H.    J.    R.    2 — By   Mr.    Mack. 

To  provide  for  an  election  to  locate  a  colored  branch  of  the 
University. 

[At  the  election  held  November  7.  18S2,  Austin  received  28,329 
votes  for  the  location  of  the  Branch  of  the  University  for  Colored 
Youths;  Prairie  View  received  13,160  votes;  Houston  received 
14,000  votes;  Palestine  received  2,490  votes;  Paris  received  5,926 
votes;  Brenham  received  2,165  votes;  Pittsburg  received  1,575 
votes;  Georgestown  received  1,405  votes;  and  various  other  towns 
received  a  scattering  vote  amounting  to  1,865  votes. 

Austin  having  received  the  largest  number  of  votes,  I  hereby 
declare  that  Austin  has  been  selected  as  the  location  of  the  Branch 
of  the  State  University  for  the  Instruction  of  Colored  Youths. 

T.   H.   BOWMAN, 

Secretary  of  State. 

Report  of  the  Secretary  of  State  for  the  year  1882,  pp.  5-6.] 


A  Source  Book  of  the  University  of  Texas 

Became  a  law.     See  Lane,  pp.  214,  219.     H.  J.  pp.   51,   72,  120, 
124,  134,  141,  142,   147,  148;   S.  J.  pp.  86,  88,   89. 
H.  R. — By  Mr.  Ayers. 

Requesting   Comptroller   to    furnish   status   of   University    fund. 

Reply  of  Comptroller  April  8,  pp.  27-2S  shows  that  Prairie  View 
Normal    had    gotten    $14,690.78,    A.    &    M.    $15,210.45. 

H.  J.  p.  5,  27,  28;  Lane,  p.  215-219. 
S.   B.    6 — By  Mr.   Stubhs. 

To  adjust   the   State's   indebtedness   to   the   University   fund. 

Died  on  Calendar.     See  Lane,  pp.  211,  212,  213,  223,  224;    S.  J. 
pp.  5,   19,  22,  27.     H.  J.  pp.  47,  51,  97,   104,  137. 
S.  B.  12 — By  Mr.  Wynne. 

To  amend  section   18   of  the  act  establishing  the   University.  See 
Lane,  p.  211.     S.  J.  p.  14. 
S.  B.  20 — By  Mr.  Stubbs. 

To  set  aside  2,000,000  acres  for  the  University  out  of  the  public 
domain. 

Amended  by  Duncan  to  5,000,000  acres.  Unfavorably  reported 
in  House. 

Lane,  pp.  211.  212,  213,  214,  266,  267.  H.  J.  pp.  58,  61,  72.  S.J. 
pp.  17,  25,  29,  30,  34,  35,  36. 

[See  pp.  285-296  for  a  speech  of  Senator  A.  W.  Terrell  in  favor  of  this 
bill.] 

S.  B.  22 — By  Mr.  Swain. 

To  set  aside  3,000,000  acres  for  the  University  out  of  the  public 
domain. 

Unfavorably  reported  in  House.     See  Lane,  pp.  212,  213.     H.  J.  pp. 
58,  61,  72.     S.  J.  pp.  17,  25,  29,  30,  34,  35. 
S.  B.  28 — By  Mr.  Davis. 

To  repeal  the  "act  providing  for  sale  of  a  portion  of  the  unappro- 
priated  domain  and  the  investment  of   the   proceeds. 

H.  J.  pp.  47,  48,  57,  71,  81.     Lane,  pp.  212-213. 
S.    B.    51 — By    Mr.    Brown. 

To  lease  University  lands. 

Passed  Senate.     S.  J.  pp.  71,  90,  91,  93.     H.  J.  pp.  150. 

April  27,    1882;    H.    J.    p.    97. 

Your  Committee  on  Finance,  to  whom  was  referred  Senate  hill 
No.  6,  entitled  "An  act  to  adjust  the  State's  indebtedness  to  the 
University  fund,  and  make  appropriation  therefor,"  have  had  the 
same  under  consideration,  and  a  majority  instruct  me  to  report  the 
same  back  with  the  recommendation  that  it  do  pass. 

BAKER,  Chairman. 


284  University  of  Texas  Bulletin 

April  28,   1X8'-';  H.  J.,  p.  104;  Lane,  pp.  223-224 

Mr.  Foster,  for  a  majority  of  the  Committee  on  Finance,  by  leave, 
submitted  the  following  report: 

The  undersigned,  minority  of  the  Committee  on  Finance,  to 
whom  was  referred  substitute  Senate  Bill  No.  6,  entitled  "An  act 
to  adjust  the  State's  indebtedness  to  the  University  fund,  and  make 
an  appropriation  therefor,"  beg  leave  to  dissent  from  the  views  of 
the    majority    of    said    committee,    for    the    following    reasons: 

1.  For  the  reason  that  the  State  is  indebted  to  the  common 
school  fund  in  the  sum  of  $320,367.13,  evidenced  by  bonds  issued 
November  15,  1864,  and  the  further  sum  of  $82,168.82,  evidenced 
by  bonds  issued  November  12,  1866,  making  a  total  of  $402,- 
535.95,  the  interest  upon  which,  to  July  1,  1892,  would  amount 
to  $402,016.68,  and  we  see  no  reason  for  giving  preference  to  the 
University  claim  over  the  debt  due  the  common  school  fund,  part 
of  which  is  a  prior  claim. 

2.  The  Constitution  of  the  State  of  Texas  contemplates  the 
establishment  and  maintenance  of  a  "system"  of  public  free  schools, 
beginning  with  common  schools  and  ending  with  the  University, 
and  in  view  of  the  fact  that  our  common  schools  are  yet  is  their 
infancy,  and  open  on  an  average  of  only  about  three  months  of 
each  year,  on  account  of  the  lack  of  means  with  which  to  maintain 
them  for  a  greater  length  of  time,  and  as  the  existence  of  the 
University  must,  to  a  great  extent  depend  upon  the  prosperity 
and  perpetuity  of  the  public  free  schools  of  the  State,  we  believe 
it  to  be  our  first  duty  to  apply  whatever  surplus  money  the  State 
has  to  the  payment  of  the  interest  due  the  common  school  fund  on 
aforesaid  bonds,  if  the  interest  on  either  claim  is  paid  at  this 
time. 

L.  L.  Foster,  Harry  Haynes,  W.  A.  Kendall,  B.  F.  Frymier,  W.  T. 
Scott,   C.  L.  Wurzbach. 

May  4,    1882;    H.   J.,   p.    137;    Lane,   pp.   225-226 

Your  committee  of  the  whole  house  to  whom  was  referred  sub- 
stitute Senate  Bill  No.  6,  entitled  "An  act  to  adjust  the  State's 
indeljtedsess  to  the  University  fund  and  make  appropriations 
therefor,"  have  had  the  same  under  consideration,  and  instruct 
me  to  report  the  same  back  with  the  recommendation  that  it  be 
indefinitely   postponed. 

UPTON,   Chairman. 

The  question  being  upon  the  adoption  of  the  report  of  the  Com- 
mittee of  the  whole  House,  the  report  was  adopted  by  the  fol- 
lowing vote: 


A  Sourci  Bool,-  o)  lh<   University  of  Texas  285 

Yeas — Anderson,  Arnold,  Avers,  Benavides,  Brown,  Burks,  Cau- 
thron,  Davidson,  Denman,  Douglass,  Faulk,  Finlay,  Foster,  Fry- 
mier,  Gaither,  Granbury,  Grant,  Haidusek,  Haynes,  Hill,  John- 
son, Kendall,  Kindred,  Linn.  .Matthews,  Nash,  Oliver,  Oxsheer, 
Parker,  Patteson,  Perrenot,  Polley,  Richarz,  Riggs,  Roach,  Rod- 
rigues,  Scott,  Smith  of  Hunt,  Stewart  of  Hopkins,  Stribbling,  Tera- 
pleton,   Thompson,   Upton,   Woods,   Wooldridge,   Wurzbach — 46. 

Nays — Baker,  Barry,  Bennick,  Beck,  Bruce,  Caven,  Carleton, 
Chenault,  Chenoweth,  Daniel,  Evans,  Fly,  Giegier,  Gray,  Hutcheson, 
Kerr,  Labat,  Lewis,  Mack,  Matlock,  McComb,  Merrit  Moursund, 
Paddock,  Peacock,  Plumly,  Ragsdale,  Stewart  of  Kinney,  String- 
fellow,  Story,  Tarlton,  Tompkins,  Todl,  Traylor,  Truit — 35. 

Absent  not  voting,  Litnen;   Absent  on  committee  duty,  Gibson. 

We  vote  aye  because  the  bill  discriminates  against  common 
schools,  which  are  equally  entitled  to  have  refunded  the  amount 
due   them. 

KENDALL. 
NASH. 
DAVIDSON. 
STRIBBLING. 

My  reasons  for  voting  aye  are  that  the  bill  embraces  large  sums 
of  money  heretofore  reported  and  admitted  to  be  of  doubtful  val- 
idity, and  as  such  demands  mature  and  careful  consideration, 
which  the  House  cannot  give  at  the  present  for  want  of  time,  we 
now  being  within  one  day  of  the  final  adjournment  of  this  extra 
session   of  the  Legislature. 

W.  T.   SCOTT. 

I  vote  to  indefinitely  postpone  the  bill  because  it  proposes  to 
discriminate  in  favor  of  the  University  fund  and  against  the  com- 
mon school  fund;  because  it  proposes  to  pay  a  debt  of  $134,472.26 
due  the  University  fund,  and  the  House  has  refused  to  permit  an 
amendment  to  the  bill  to  pay  to  the  school  fund  a  debt  of  the 
same  and  equal  validity  for  the  sum  of  $402,535.95.  I  will  not 
consent  to  the  payment  of  the  one  without  the  payment  of  the 
other,  as  1  believe  the  interest  of  the  public  free  schools  of  vastly 
more  importance  to  the  public. 

FINLAY. 
In  Re  S.  B.   20. 

Speech  of  Senator  Terrell 

Delivered  in  the  Senate,  April  lit.  1882,  on  the  Bill  to  Set  Aside 
Two  Million  Acres  fit  Land  to  Endow  the  State  University,  and  a 
Like  Amount  for  Public  Free  Schools.     Printed  Separately. 


286  University  of  Texas  Bulletin 

Mr.  President:      ....      I  was  not  consulted  in  the  conception 

of  the  bill  nor  present  at  its  birth I  propose  now  to  be  a 

sponsor  at  its  baptism.    .... 

I  have  in  my  desk  a  bill  which  I  should  have  offered  .... 
but  was  relieved   by  the  pending   bill. 

The  effort  which  the  Senator,  who  has  just  taken  his  seat,  made 
to  array  the  friends  of  public  free  schools  against  the  University 
of  Texas,  and  thus  to  strangle  it  by  withholding  an  endowment, 
demands  my  first  notice.  If  you  will  turn,  sir,  to  section  48,  of 
the  State  Constitution,  you  will  find,  that  among  other  things 
which  the  Legislature  may  raise  taxes  for,  is  included  the  follow- 
ing, viz:  "The  support  of  public  FREE  schools  in  which  shall  be 
included  Colleges  and  Universities  established  by  the  State."  In- 
terpreting our  duty  in  the  light  of  the  plain  language  of  the  Con- 
stitution, we  passed  a  law  at  a  former  session,  creating  the  Uni- 
versity of  the  State,  providing  an  -election  for  its  location,  and  a 
law  for  its  government.  Examine  that  law,  and  you  will  search 
in  vain  for  anything  that  will  authorize  a  charge  for  tuition.  That 
University  when  properly  endowed,  so  that  it  may  enter  on  its 
grand  work,  will  be  a  public  free  school  for  every  son  of  Texas 
who  seeks  instruction  in  the  higher  walks  of  education;  a  foun- 
tain flowing  free  as  the  waters  of  the  Colorado  at  which  all  may 
drink.  Why  then  inject  into  this  discussion  the  claims  of  railway 
land  certificates?  Why  seek  to  array  the  friends  of  common  free 
schools  against  a  common  free  university,  the  cap-stone  and  head 
of  the  free  school  system?  I  will  answer  both  questions  bye  and 
bye. 

Examine  section  8,  of  the  act  of  March  30,  1881,  and  you  will 
find. that  we  provided  at  that  session,  "that  the  salaries  and  ex- 
penses of  the  University  shall  never  exceed  the  interest  on  the 
University  fund,  and  land  sales  fund,  or  ever  become  a  charge  on 
the  general  revenue   of  the   State." 

From  this  clause  it  is  plnin,  first,  that  no  tuition  shall  ever  be 
charged,  but  that  high  education  shall  be  free,  and  second,  that 
the  people  shall  never  be  taxed  to  sustain  the  institution,  but  that 
it  shall  be  supported  on  the  interest  of  an  endowment  fund.  But 
as  if  it  were  not  already  plain  enough,  sec.  11  of  that  act  pro- 
vides in  explicit  terms,  that  "it  shall  be  open  to  all  persons  in  this 
State  who  may  wish  to  avail  themselves  of  its  advantages,  and 
to  male  and  female  on  equal  terms,  roitlwut  charge  for  tuition, 
under  such  regulation  as  the  board  of  regents  may  prescribe." 
Such,  sir,  is  the  institution  which  we  are  seeking  to  endow  for  the 
benefit  of  our  posterity,  and  which  has  on  this  floor  been  denomi- 
nated a  school  for  the  rich.  To  that  sentiment  I  shall  also  address 
myself  before  I   conclude. 


A  Source  Book  of  the  University  of  Texas  2S7 

It  is  the  misfortune  of  this  session  that  we  can  attempt  nothing 
useful  for  the  State  without  having  the  claims  of  railway  certifi- 
cate holders  thrust  before  us.  Before  we  could  pass  a  bill  intro- 
duced by  me  to  stop  the  surveying  and  speculative  waste  of  eight 
millions  of  acres  of  land,  in  the  Pan  Handle  and  Texas  Pacific  res- 
ervation, we  had  to  listen  for  two  days  to  the  argument  that  rail- 
way land  certificates  should  cover  that  territory — that  their  hold- 
ers had  vested  rights,  and  I  was  then  accused  of  seeking  to  tie  up 
that  country  for  the  use  of  the  Univerity.  Now  when  the  claims 
of  this  free  high  school  are  presented,  the  same  cry  is  raised,  and 
we  are  told  that  if  we  appropriate  any  of  this  land  to  the  benefit 
of  our  children,  it  will  be  an  act  of  bad  faith  on  the  part  of  the 
State  to  those  who  hold   railway  certificates. 

Mr.  President,  there  is  another  side  to  this  question,  which  we 
would  do  well  to  pause  and  consider.  The  history  of  the  dealings 
of  this  State  with  the  University  question  in  late  years,  is  not 
creditable  to  the  State.  The  men  who  established  the  independ- 
ence of  Texas,  made  it  their  first  care  to  provide  for  education. 
On  page  450  of  Oldham  &  White's  Digest  of  Texas,  I  find  a  law 
of  1858,  which  remained  in  force  until  the  Constitution  of  1876, 
which  expresses  so  much  better  than  I  can,  the  feelings  that  should 
animate  Texas  citizens  on  this  subject,   that  I  will  read  it  in  full. 

[Here  quotes  from   and   summarizes  act  of  1S5S.]      .... 

"Had  that  law  (Act  of  1858)  not  been  disturbed  by  the  Consti- 
tution of  1876,  the  University  would  not  now  be  a  beggar  at  your 
door,  but  would  own  3,200,000  acres  of  land.  At  the  very  time  when 
the  effort  was  made  to  despoil  it  of  its  endowment  by  a  clause  in 
the  Constitution  of  1876,  (the  effect  of  which  those  who  made 
that  instrument  certainly  did  not  see),  there  was  then  due  to  the 
University  one  million  seven  hundred  thousand  acres  of  land.  By 
the  Constitution  of  1876,  all  the  alternate  sections,  reserved  by  the 
State  out  of  grants  to  the  railroads,  including  every  tenth  section 
given  to  the  University,  were  appropriated  for  common  free  schools, 
and  one  million  of  acres  only  were  given  for  the  endowment  of  the 
University. 

Thus  it  will  be  seen  that  the  Constitution  of  1876,  in  effect,  de- 
prived the  University  of  seven  hundred  thousand  acres,  which  It 
then  owned  under  existing  laws,  and  deprived  it  also  of  every 
tenth  section  surveyed  since,  amounting  now  to  fifteen  hundred 
thousand   acres  more. 

I  submit  for  you  reflection  whether  this  action  of  the  conven- 
tion which  made  the  Constitution  of  187  6,  was  not  a  palpable  viola- 
tion of  Sec.  II,  of  Art.  XIV,  of  the  Federal  Constitution.  The  four- 
teenth   amendment    to    the    Constitution    of    the    United    States     ex- 


288  /  niversity  of  Texas  Bulletin 

tends  the  prohibition  to  States  against  passing  any  law  interfering 
with  li^tits  once  vested.  It  says — "nor  shall  any  state  deprive  any 
person  of  life,  liberty  or  property,  without  due  process  of  law." 
It  can  neither  be  done  by  the  Constitution  or  laws  of  a  State — 
and  yet,  here  was  the  University,  a  legal  entity,  created  by  the 
a<t  of  1  S r> 8 ,  endowed  with  capacity  to  receive  grants,  deprived 
without  process  of  law,  of  a  vast  endowment  without  a  question 
being  raised  and  without  exciting  a  murmur.  The  reason  of  this 
submission  is  manifest,  the  victims  were  children  and  their  only 
guardian   was  the   State,   which   perpetrated   the   wrong. 

Sir,  the  bill  we  are  considering  proposed  to  correct  all  this  as 
far  as  we  may,  and  restore  to  this  University — to  this  free  high 
school,  some  portion  of  the  land  which  is  rightfully  its  own  and 
which    was   dedicated    to    its    support   by   the   law   of    1858. 

Nor  can  we  do  a  more  just  or  wise  thing  than  to  make  restitu- 
tion in  lands  to  the  University. 

After  forty  years  of  independence  and  prosperity,  where,  today, 
are  the  distinguished  linguists,  mathematicians,  geologists,  civil 
engineers,  or  learned  men  of  any  sort,  who  have  been  educated  in 
our  State?  There  is  not  one.  With  great  resources  always  at 
our  control,  a  generation  has  been  reared  with  only  such  opportu- 
nities as  the  country  school  could  afford.  If  a  strange  mineral  is 
found  in>  your  land,  you  must  send  it  out  of  Texas  to  be  assayed, 
or  import  a  man  to  tell  you  what  it  is.  If  water  works,  gas  works, 
or  manufactories  are  to  be  established  in  your  towns,  you  must 
send  abroad  for  educated  brain  to  construct  and  operate  them.  If 
a  railroad  is  to  be  built,  its  course  and  grades  must  be  determined 
by  engineers  educated  abroad.  Nor  is  this  all;  the  science  and 
skilled  labor  which  we  need  must  be  imported  from  a  section  which 
has  been  instructed  by  demagogues  to  look  on  the  South  with 
suspicion  and  distrust.  What  has  been  the  result?  Your  best 
water  power  is  not  utilized,  for  the  people  who  own  it,  know 
nothing  of  the  manufacturing  enterprises  which  give  it  value,  and 
capital,  always  timid,  comes  slowly  and  with  distrust;  the  mineral 
viens  of  your  mountaiss  remain  hidden  from  your  sight,  for  you 
have  not  sent  forth  to  each  county  the  educated  geologists  to  tell 
you  where  they  are.  Your  products,  instead  of  being  manufac- 
tured here  at  home,  bringing  in  wealth  and  affording  employment 
to  labor,  go  north  to  enrich  other  States,  whose  educated  sons  hold 
a  mortgage  on  all  our  industries.  Hewers  of  wood  and  drawers  of 
water  for  others  we  must  remain,  unless  advanced  education  shall 
relieve  us. 

We  ask  for  two  millions  of  acres.  The  champions  of  the  rail- 
road land  certificates  say  that  this  is  too  much;  that  when  we 
have   given  a  like  amount  to   common   free  schools,    there  will  not 


A  Source  Book  of  the  University  of  Texas  280 

be  enough  vacant  land  to  go  round  and  satisfy  their  certificates, 
and  that  those  certificates  constitute  a  prior  claim  against  the  pub- 
lic domain.  I  maintain  the  position,  that  these  railroad  certifi- 
cates, all  of  which  were  issued  sisce  the  14th  day  of  July,  1879,  do 
not  constitute  a  legal  and  valid  claim  against  the  public  domain 
which  was  set  apart  from  location,  and  appropriated  to  free  schools 
and  public  debt  by  the  act  of  that,  date — and  though  I  will  make 
liberal  provision  for  them  when  the  University  is  endowed,  I  vote 
no  more  acres  to  satisfy  them  until  then.  I  have  said  that  these 
railroad  certificates  constitute  no  legal  claim  against  the  Pan 
Handle  and  Texas  Pacific  reservation.  This  is  manifest  from  an 
inspection  of  the  law  under  which  they  were  issued,  Art.  4274  of 
the  statutes,  which  adopts  the  act  of  August  15,  1876,  provides 
that  "when  the  said  certificates  have  been  issued,  the  company 
to  whom  issued,  or  its  assigns,  may  apply  to  the  surveyor  of  any 
land  district  to  survey  such  lands  out  of  any  unappropriated  pub- 
lic land  in  his  district."  Thus  by  the  very  terms  of  the  law  they 
were  made  a  claim  only  against  "'unappropriated"  public  land. 
Now  turn  to  act  of  July  14,  187  9,  Sec.  1,  and  we  find  that  all  the 
public  land  in  fifty-three  counties  of  the  Pan  Handle  and  Texas 
Pacific  reserve  are  declared  by  that  act,  to  be  "appropriated,"  and 
reserved  from  location;  that  they  shall  be  sold  at  fifty  cents  an 
acre  and  the  proceeds  applied,  one-half  for  public  free  schools, 
and  the  other  half  for  the  payment  of  the  public  debt.  There  is 
not  an  outstanding  railroad  certificate  which  was  not  issued  since 
the  passing  of  that  act,  and  they  bear  on  their  face  evidence  that 
they  are  demands  only  against  the  "unappropriated"  public  do- 
main. No  language  could  make  more  explicit  the  legislative  intent 
to  withdraw  from  location  those  lands,  and  reserve  them  for  the 
use  of  the  State. 

Did  the  State  have  the  right  as  against  a  certificate  holder  to 
reserve  them?  The  distisguished  Senator  from  Wood,  Senator 
Buchanan,  in  his  able  argument  has  already  referred  to  the  decis- 
ion of  the  Supreme  Court  in  the  case  of  Delesdeneer  vs.  State, 
which  settlei  that  question  beyond  all  cavil  in  the  affirmative. 
That  case  decides  that  the  State  may,  for  any  purpose  she  chooses, 
reserve  them?  The  distinguished  Senator  from  Wood,  Senator 
Therefore  1  have  urged  those  who  have  maintained  the  superior 
rights  of  those  who  hold  certificates  to  cease  their  opposition  to 
this  bill  and  aid  us  in  endowisg  the  University  first,  standing 
myself  always  ready  to  make  a  liberal  provision  for  them  out  of 
the  remaning  public  domain  on  terms  that  will  wipe  out  and  satisfy 
the  last  one  of  them.  But  this  is  not  sufficient,  they  claim  priority, 
and    nay    embarrassment    is    increased    by    the    presence    of    my    own 


290  University  of  Texas  Bulletin 

(..ii   tituents  who  hold  them  in  large  quantities I  would 

not  only  be  just,  but  generous  to  certificate  holders 

The  test  vote  already  taken  on  the  pending  bill  to  endow  with 
land  the  University,  shows  that  two-thirds  of  the  Senate  agree 
with  me  as  to  the  wisdom  of  its  passage,  but  views  have  been  ex- 
pressed on  this  floor  so  novel  and  startling,  that  I  cannot  permit 
them  to  go  unanswered  to  the  country.  We  have  been  told  by  the 
Senator  from  Gregg,  that  if  we  pass  this  bill,  no  land  should  be 
surveyed  for  the  University  which  has  been  applied  for  or  "filed 
on,"  to  use  his  language,  under  the  fifty  cents  act — that  such  appli- 
cations confer  on  the  applicant  a  vested  right  which  the  Legis- 
lature may  not  disturb.  His  doctrine  as  applied  to  a  railroad  cer- 
tificate file  or  location,  would  be  sound,  but  has  no  application  to 
lands  "applied"  for,  in  the  Pan  Handle  and  Texas  Pacific  Reserve. 

I  am  not  ignorant  of  the  speculative  efforts  now  being  made, 
outside  and  inside  of  the  Legislature  to  shadow  the  eight  millions 

of    acres    of    that    reservation    with    their    applications 

Why  this  sudden  excitement  to  procure  lands  at  fifty  cents  an  acre 
in  the  Pan  Handle  outside  of  the  settlements?  I  will  tell  you. 
They  have  no  idea  of  paying  for  them,  but  speculators  everywhere, 
have  in  the  last  few  weeks  learned  that  there  are  more  certifi- 
cates than  there  is  land,  and  they  have  flocked  to  the  frontier  to 
make  their  applications,  expecting  that  their  friends  here  will  treat 
their  applications  as  vested  rights,  open  the  Pan  Handle  to  loca- 
tion, and  thus  each  fellow  will  establish  a  little  land  office  of  his 
own,  and  sell  out  to  certificates  holders  the  privileges  of  making 
locations  on  land  covered  by  his  applications.  This  is  all  legiti- 
mate speculation  if  we  permit  it,  but  would  we  not  be  blind  guar- 
dians of  the  public  interest  to  suffer  it? 

The  friends  of  education  in  the  House  are  now  striving  to  send 
us  an  act  to  stop  all  this,  and  save  the  school  lands  from  spoliation, 
but  the  shortness  of  the  session,  and  the  mysterious  influences 
which  speculative  enterprises  sometimes  exert,  may  defeat  their 
efforts. 

Are  we  to  sit  here  heedless  of  the  present,  and  reckless  of  the 
future,  to  register  decrees  for  speculative  interests,  or  rather  shall 
we  not  rise  to  the  level  of  our  duty,  and  wrench  enough  of  this 
land  from  the  grasp  of  the  speculator  to  meet  the  demands  of 
education?  Already  the  bill  to  tie  up  and  stop  the  surveys  in  the 
Pan  Handle,  which  I  introduced  early  in  the  session,  and  which  we 
passed,  is  blockaded  in  the  House,  but  let  us  do  our  duty  here,  and 
if  the  Senators  who  have  thus  far  sustained  me,  will  stand  by  me 
to  the  end,  then  of  one  thing  we  may  be  sure,  that  even  if  they 
defeat  in  the  House  this  endowment  for  the  University,   they  will 


A  Source  Book  of  the  University  of  Texas  291 

never  get  through  this  body  a  bill  to  open  the  reservation  to  their 
certificates,  and  the  land  will  remain  for  the  Legislature  which 
will  follow  us,  to  appropriate  enough  of  it  for  education.  Even  if 
it  is  all  sold  by  that  time  at  fifty  cents  an  acre,  there  will  then  be 
on  hand  two  millions  of  dollars  for  common  schools,  and  two  mil- 
lions for  public  debt,  which  never  cost  the  tax-payer  a  dollar  and 
which  may  itself  be  appropriated  to  endow  the  University.  Once 
before,  at  a  former  session,  we  sent  to  the  House  a  bill  granting 
two  millions  of  acres  for  endowment  purposes,  and,  for  one,  I  pro- 
pose that  we  continue  to  demand  a  just  recognition  of  the  duties 
of  the  hour  and  never  grant  one  acre  for  location,  by  certificates, 
until    the    demands    of    high    education    are    provided    for. 

The  payment  of  the  public  debt  can  afford  no  argument  against 
endowing  the  University  with  land.  We  will  reduce  the  ad  valorem 
State  taxes  to  30  cents  on  the  hundred  dollars  this  session,  with  a 
corresponding  reduction  on  occupation  taxes,  and  still  have  a  small 
surplus.  Notwithstanding  the  carping  criticisms  of  the  press  over 
our  legislation,  its  wisdom  is  vindicated  in  the  light  of  events,  for 
your  State  Government  is  increased  in  its  efficiency,  taxes  are 
reduced,  and  over  one  million  of  the  debt  paid  in  two  years,  with 
a  surplus  still  in  the  treasury.  Texas  feels  that  debt  now  as  a 
mere  trifle,  and  the  necessity  for  reserving  one-half  of  the  Pan 
Handle  to  pay  the  public  debt,  no  man  will  now  advocate.  If  we 
fail  to  use  the  land  now  set  aside  for  public  debt,  in  endowing  the 
University,  but  one  course  remains,  and  that  is,  to  endow  it  by  tax- 
ation. I  contemplate  such  an  effort  with  despair,  for  a  new  breed 
of  men  must  be  raised  or  imported  into  his  State  before  they  will 
tax  themselves  two  millions  of  money  to  endow  a  University.  For 
this  cause  I  feel  earnest  in  the  advocacy  of  this  bill,  and  if  we  fail 
now,  the  public  domain,  before  the  end  of  another  session,  will  be 
exhausted  or  thrown  open  for  location,  the  cause  of  higher  edu- 
cation will  be  set  back  twenty-five  years,  and  your  University  may 
languish    and    perish    from    neglect. 

But  we  have  been  told  by  the  Senator  from  Gregg  that  the  Uni- 
versity has  been  the  "spoiled  and  petted  child  of  the  State."  It 
has  been  fearfully  spoiled,  for  after  forty  years  of  promises  it  was 
never  given  a  local  habitation  until  last  year,  and  even  now  has 
not  a  room  erected  in  which  a  class  may  recite.  The  child,  instead 
of  being  petted,  is  scarcely  born,  and,  thus  far,  has  given  no  arti- 
culate sound,  even  to  complain  of  systematic  spoliation  of  its 
rights. 

In  order  that  Senators  may  see  that  we  cannot  possibly  main- 
tain a  University  commensurate  with  the  wants  of  a  great  State 
like  this,  with  the  funds  now  belonging  to  it,  we  have  only  to  look 


292  University  of  Texas  Bulletin 

to  its  resources,  Remember  that  under  the  Constitution,  we  can 
only  use  i lie  available  fund  of  the  University  which  consists  of  the 
inn  rest  on  the  money  invested  in  bonds  which  belongs  to  it — or  in 
other  words,  the  interest  on  the  permanent  fund.  A  first  class 
University  <  annot  be  sustained,  if  it  be  as  ours  is,  a  free  school, 
on  less  than  $75,000  per  annum.     Now  what  are  its  resources. 

[Here  quotes  from  the  message  of  April  6,  1882,  of  Governor  Roberts, 
S.  J.,  p.  s.   the  condition  of  the  permanent  and  available  funds.] 

The  annual  interest  as  estimated  by  the  Comptroller,  (which 
makes  the  available  fund)  would  be  only  a  little  over  $20,000.  The 
annual  increase  of  the  available  fund  from  increase  sale  of  lands,  will 
not  be  over  $2,000  more.  We  have  just  sent  to  the  other  House  a  bill 
providing  for  the  recognition  of  the  debt  on  the  bonds  of  'doubt- 
ful validity'  amounting  to  over  $134,000,  with  interest  for  twenty 
years.  This  is  the  third  time  the  Senate  has,  by  a  large  vote,  sent 
this  claim  to  the  other  House,  a  debt  which  the  State  owes  for  Uni- 
versity money  used  by  the  State,  about  which  no  honest  man  can 
doubt,  and  I  fear  the  House  will  exhibit  its  characteristic  feeling 
towards  this  'spoiled  child'  by  still  refusing  to  pay  it. 

Now,  out  of  the  meagre  annual  fund  shown  by  the  above  figures, 
the  University  buildings  must  be  constructed,  professorships  en- 
dowed, an  astronomical  observatory  erected  and  telescopes  procured, 
a  chemical  laboratory  provided  for  philosophical  apparatus  and  geo- 
logical cabinet  procured,  and  the  many  other  things  necessary 
to  a  first-class  University.  Even  a  fool  can  see  that  un- 
less a  larger  endowment  in  money,  or  in  land  that  will  bring 
money,  is  procured,  this  grand  enterprise  must  perish  in  its  very 
birth,  and  our  people  must  continue  to  send  every  year,  their  sons 
and  daughters  to  other  States,  with  over  half  a  million  of  money, 
by  actual  estimate  for  their  university  education,  that  they  may 
come  back  Virginians,  Kentuckians  and  Massachusetts  people.  To 
permit  such  a  state  of  things  to  continue  when  we  can  endow 
without  taxing  the  people  one  cent,  would  be  not  only  wrong,  but 
criminal. 

And  just  here,  sirs,  occurs  a  passage  in  the  message  of  Governor 
Roberts,  so  full  of  wisdom,  and  so  eloquent  in  its  terms,  that  I 
must  read. 

[Here  quotes  from  the  last  two  paragraphs  of  Roberts'  Message.  S.  J. 
P.    10.] 

Such  is  the  message  sent  to  us  by  the  grand  old  man  who  sits 
yonder  in  the  executive  office,  himself  once  a  child  of  adverse 
fortune,  who  struggled  up  through  poverty  to  a  University  educa- 
tion. And  right  here,  Mr.  President,  let  me  answer  this  strange 
idea  that  Universities  are  only  for  the  rich,  by  tracing  the  history 


A  Source  Book  of  the  University  of  Texas  293 

of  a  man  who  has  left  his  mark  for  good,  clear  and  broad  on  the 
pages  of  Texas'  history.  Over  a  hundred  and  fifty  years  ago  two 
boys  were  born  of  Scotch-Irish  parents  in  the  north  of  Ireland. 
They  grew  up  in  the  same  glen,  and  side  by  side  struggled  for 
five  years  through  a  bloody  civil  war,  sleeping  at  night  under  the 
same  highland  plaid,  ambushing  their  foes  from  the  same  crags, 
and  singing  when  the  cause  looked  bright,  the  song  "Who'll  be 
king  but  Charlie."  But  their  hopes  were  buried  in  disas- 
trous battle,  and  unwilling  to  endure  the  persecutions  of  tyranny, 
together  they  escaped  with  their  wives  in  the  same  ship  to  Amer- 
ica. One  of  them  was  named  Jackson,  who  settled  in  the  Waxhaw 
settlement;  the  other  made  his  home  just  across  the  mountains 
in  South  Carolina,  and  so  long  as  they  lived  they  would  every 
Christmas  exchange  visits,  to  talk  of  the  olden  time.  To  Jackson 
was  born  a  son  called  Andrew,  once  President  of  the  United  States. 
From  the  comrade  of  the  elder  Jackson  descended  a  son,  who  at 
a  tender  age  was  left  a  poor  orphan  boy;  but  his  brave  motner 
toiled  and  spun  until  from  her  scanty  earnings  she  saved  a  purse 
and  then  started  her  boy  to  the  University  of  Alabama.  She  said 
to  him,  "boy,  go  to  the  Hermitage  and  see  General  Jackson,  for 
his  father  was  your  grandfather's  comrade."  So  the  poor  boy 
went  to  a  University,  which  the  Senator  calls  the  "rich  man's 
school,"  and  we  can  only  guess  with  what  interest  he  listened  to 
the  words  of  wisdom  and  of  Democracy  as  they  fell  from  the  lips 
of  the  retired  warrior  and  statesman.  That  boy  graduated  at  the 
University  and  then  came  to  Texas.  First  he  was  made  a  District 
Attorney,  then  a  District  Judge,  then  a  Supreme  Judge,  then  time 
and  time  again  Chief  Justice  of  your  State.  Now  he  sits  yonder 
as  Governor  of  this  State,  and  when  the  tongues  that  slander  him 
are  forgotten,  and  the  demagogues  who  have  hounded  him  will 
be  remembered  only  to  be  execrated,  he  will  live  in  the  gratitude 
of  a  people  who  have  enjoyed  the  benefits  of  his  wisdom. 

Consider  yet  one  more  illustration  here  at  home,  of  the  benefitB 
of  a  free  University  to  the  poor.  More  than  thirty  years  ago, 
another  youth  entered  the  University  of  Alabama.  Left,  like  your 
Governor,  an  orphan  in  tender  childhood,  providence  had  also 
blessed  him  with  a  noble,  courageous  mother,  who,  though  poor, 
toiled  and  saved  for  the  benefit  of  her  boy,  and  sent  him  as  a  stu- 
dent of  the  University.  It  was  my  good  fortune  once  to  look  upon 
her  worn,  but  noble  and  benignant  face,  and  to  see  how  the  strong 
man  who  owed  everything  to  her,  then  anticipated  her  slightest 
wish  with  the  loving  solicitude  of  a  child.  He  also  came  to  Texas, 
and  through  the  same  grades  of  official  advancement,  went  on  until 
he  now  presides  yonder  as  Chief  Justice  of  this  State.     Five  years 


294  University  <>f  Texas  Bulletin 

ago  our  Supreme  Bench  was  occupied  by  three  men,  all  of  whom 
wore  obscure  and  poor  boys  in  Alabama,  and  all  of  whom  looked 
bach  to  the  same  alma  mater,  for  they  were  all  graduates  of  the  same 
Univers  Ity. 

This  cry  that  the-  University  will  be  a  "rich  man's  school"  can 
impose  on  no  one.  The  rich  can  send  their  sons  and  daughters 
abroad  to  other  states,  as  they  do  now,  but  Texas  needs  both  for 
them  and  her  poor  boys,  a  fountain  of  learning  covering  the  whole 
field  of  knowledge,  of  which  all  may  taste.  But  suppose  it  is  a 
school  for  the  benefit  of  those  favored  by  fortune,  in  the  name  of 
common  justice,  who  should  object?  The  property  holders  of  the 
State  draw  from  their  pockets  every  year  the  means  by  which 
the  poor  are  educated.  One-fourth  of  all  the  taxes  of  the  State 
are  paid  to  teachers  to  instruct  the  children  of  the  thousands  who 
pay  no  taxes,  and  of  the  common  property  fifty  millions  of  acres 
already  surveyed  have  been  granted  as  a  perpetual  fund  to  endow 
the  common  schools  forever.  When  those  who  own  the  land  and 
pay  the  taxes  have  been  thus  liberal  with  the  taxes  which  they 
pay  every  year,  who  dare  complain  if  the  State  shall  endow  a  Uni- 
versity to  afford  the  sons  of  the  same  taxpayers  the  means  of  more 
advanced  instruction.  I  fail  to  appreciate  the  statesmanship  which 
panders  to  class  prejudice,  grows  eloquent  over  'common  schools,' 
on  the  eve  of  election,  and  yet  hangs  on  the  wheels  of  intellectual 
progress  because  all  men  are  not  rich.  Nor  can  I  understand  that 
statesmanship  which  would  limit  the  aspirations  of  our  bright-eyed 
boys  and  girls  to  such  knowledge  as  the  common  schools  will 
bestow." 

Let  those  who  clamor  so  for  common  schools,  first  labor  as  I  have 
for  their  establishment  before  charging  the  majority  who  favor  this 
bill  with  starving  the  schools.  Nearly  six  years  ago  I  framed  the  pre- 
sent school  law,  imperfect  as  it  is,  and  as  often  as  its  imperfections 
have  been  criticised,  I  have  said  to  Senators:  "Introduce  a  better  law 
and  I  will  support  it."  No  bill  to  take  its  place  has  been  brought  for- 
ward during  the  three  sessions  that  have  passed  since  we  adopted  it, 
for  all  have  realized  how  difficult  it  is  to  frame  a  system  adapted  to 
the  diversified  wants  and  surroundings  of  a  population  like  ours.  I 
examined  the  systems  of  many  States  before  presenting  the  one  we 
have  and  found  none,  which  in  my  judgment,  would  meet  the  wants 
of  our  people. 

The  description  given  by  the  Senator  from  Ccok,  of  the  old  country 
schoolhouse,  with  its  log  sawed  out  near  the  writing  bench,  its  clab 
board  door  with  an  augur  hole  bored  in  it,  and  a  trace  chain  run 
through  to  fasten  it  with  a  pad  lock,  presented  a  familiar  picture  of 
the  olden  time,  until  I  could  almost  feel  the  persuading  hazel  in  the 
hands  of  the  old  Scotch  pedagogue,  who  first  instructed  me.     All  honor 


A  Source  Book  of  ilu  University  of  Texas 

to  the  country  schoolhouse  and  no  man  can  go  further  than  myself  to 
carry  out  in  their  spirit  the  provisions  of  the  Constitution  in  favor  of 
common  schools,  but  when  that  Senator  intimates  that  the  duty  cf  the 
State  on  the  subject  of  education  ends  with  the  common  school,  he 
does  violence  to  the  spirit  of  the  age,  and  injustice  to  his  own  under- 
standing. 

Sir,  if  Senators  who  oppose  this  bill  want  a  familiar  illustration 
of  what  well  endowed  Universities  can  accomplish  for  a  State,  let 
them  study  the  history  of  Oxford  and  Cambridge,  which  have  been 
the  pride  of  every  Parliament  of  England  for  five  hundred  years. 
Cambridge  gave  to  fame,  her  Newton,  Bacon,  Coke,  Byron,  and  a 
host  of  others.  From  those  seats  of  learning  have  gone  forth  the 
men  who  have  swayed  in  the  Court,  the  Field  and  in  Parliament,  the 
destinies  of  that  Island,  and  have  elevated  and  advanced  her  ban- 
ner until  her  sails  whiten  every  ocean,  her  diplomatists  control  the 
destinies  of  rival  states,  while  her  power  holds  with  iron  grip  across 
distant  seas  populations  ten  times  outnumbering  her  own.  Never 
was  the  aphorism  that  knowledge  is  power  better  illustrated,  than 
by  our  Anglo-Saxon  Sires. 

Sometimes,  Mr.  President,  I  am  almost  persuaded  that  this 
strange  opposition  to  the  pending  bill,  derives  some  aliment  from 
the  late  contest  which  located  the  University  in  Austin.  There  is 
a  spirit  which  we  see  sometimes  illustrated  by  children  when  one 
better  clothed  than  the  rest,  is  told  to  "come  out  of  that  hat,"  and 
like  remarks,  showing  unworthy  jealousy.  It  is  rarely  exhibited  by 
grown  men,  though  yesterday  a  stranger  might  have  thought  the 
Senator  from  Cook  was  affected  with  it,  when  he  could  find  no 
better  argument  than  to  criticise  the  color  of  my  wearing  apparel. 
This  does  very  well  for  children,  but  unworthy  jealousies  about  the 
location  of  a  University  should  not  prevent  its  endowment.  The 
men  who  gave  freedom  to  Texas  marked  out  the  ground  for  the 
University  on  the  hill  overlooking  your  Capitol,  before  their  inde- 
pendence was  established,  and  the  people  have  ratified  at  the  ballot 
box  their  choice.  Its  establishment  here  on  a  permanent  basis  will 
make  your  capital  what  is  should  be,  the  seat  of  learning,  refine- 
ment, and  of  wealth,  and  if  it  shall  confer  on  the  citizens  of  Austin 
larger  benefits  than  the  capital  building  itself,  so,  also  will  the 
whole  State  receive  advantage. 

On  the  dome  of  the  New  Capitol  about  to  be  erected  will  stand 
in  heroic  size,  the  statue  of  the  Goddess  of  Liberty,  with  helm  and 
casque.     In  her  lifted  right  hand  three  hundred  feet  above  the  earth, 

will  shine  a  star,  radiant  with  electric  light Texas  alone 

among  all  the  states  and  nations  of  the  earth,  wears  that  lone  star 
on  her  escutcheon,  which  tells,  that  this  Empire  State  is  one  and 
Indivisible  in  all  her  borders.     Let  us  rear  on  University  hill,  in  full 


296  University  of  Texas  Bulletin 

Bight  of  that  glorious  head  light,  a  house  dedicated  to  learning,  to 
which  the  youth  of  Texas  both  rich  and  poor,  may  come  from  her 
prairies  and  her  valleys,  to  receive  here  at  the  capital  that  strength 
and  polish  which  knowledge  imparts,  and  go  forth  in  all  the  walks 
of  life  with  higher  conceptions  of  the  grandeur  of  their  State.  As 
often  as  they  gaze  on  the  imposing  architecture  of  that  Capitol,  and 
see  that  blazing  emblem  of  the  unity  of  Texas,  shining  on  through 
the  darkness  and  the  storm,  the  spirit  of  patriotism  will  kindle  in  its 
light,  and  they  will  stand  up  forever,  to  rebuke  the  parasidial  hand 
that  would  divide  its  rays. 

In  the  name  of  the  children  of  Texas,  thirsting  for  an  opportunity 
for  higher  education,  which  has  been  promised  by  the  State  for  forty 
years  and  still  withheld,  I  demand  the  appropriation. 

GENERAL,  LAWS 

C.    S.    H.    B.    66;    Oh.    30,    p.    27.      G.    9,    p.    287 

AN  ACT  making  appropriation  for  support  of  the  State  government 
for  the  period  of  time  beginning  March  1,  1882  and  ending 
February  28,   1883. 

To     provide    efficient    sewerage   for    the   lunatic     asylum. 
State    University,    State    Capitol,    and    Institute   for    the 

Blind,  forty-five  thousand  dollars $45,000.00 

Approved,  May  5,  18  82. 

H.  J.  R.  2:  Ch.  19,  p.  25;  G.  9,  p.  285 

JOINT  RESOLUTION  providing  for  an  election  to  be  held  for  the 

location  of  a  branch  of  the  University,  for  the  instruction  of  the 

colored  youths  of  the  State. 

Whereas,  The  Constitution  of  the  State  provides  that  there  shall 
be  a  branch  of  the  University  of  Texas  established  for  the  instruc- 
tion of  the  colored  youths  of  the  State,  and  that  the  same  shall  be 
located  by  a  vote  of  the  people: 

Sectiox  1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  Governor  is  hereby  instructed  to  issue  his  proclamation 
ordering  an  election  to  be  held  throughout  the  State,  upon  the  day 
of  the  next  general  election,  to-wit,  on  the  first  Tuesday  after  the 
first  Monday  in  November,  1882,  for  the  location  of  a  branch  of 
the  State  University,  for  the  instruction  of  colored  youth;  and  re- 
turns of  said  election  to  be  made  in  the  manner  prescribed  by  the 
general  election  law. 

Sec  2.  All  localities  put  in  nomination  for  the  location  of  the 
colored  branch  of  the  State  University  shall  be  forwarded  to  the 
Governor  at  least  forty  days  before  the  holding  of  said  election,  and 


JL  Source  Book  of  the  University  of  Texas  29*5 

the  Governor  shall  embrace  in  his  proclamation  ordering  said  elec- 
tion the  names  of  said  localities;  provided,  that  any  citizen  may  vote 
for  any  locality  not  named  in  said  proclamation. 

Sec.  3.  The  locality  receiving  the  largest  number  of  votes  shall  be 
declared  selected  as  the  location  of  the  branch  of  the  University 
for  the  instruction  of  the  colored  youths  of  the  State,  and  said  in- 
stitution shall  be  located  at  such  place. 

Approved  May  5,  A.  D.  1882. 

[See  note.  p.   282.  I 

EIGHTEENTH  LEGISLATURE,  REGULAR  SESSION,  JAN- 
UARY 9  TO  APRIL  13,  1883 

MESSAGE  OF  GOVERNOR  O.  M.  ROBERTS 

January  10,  1883.     S.  J.  pp.  9,  10,  13,  14,  J5;  H.  J.  pp.  10, 
12,    14,    15,    16. 

The  University  of  Texas,  its  main  branch,  its  medical  branch, 
and  branch  for  colored  youths,  have  been  located  by  a  vote  of  the 
people.  One  million  of  acres  of  land  have  been  added  to  its  fund, 
the  building  for  the  main  university,  at  Austin,  is  now  being  erected, 
and  it,  with  its  branches,  now  awaits  the  intelligent  recognition  of 
the  Legislature,  in  such  liberal  action  as  will  meet  the  public  de- 
mand for  its  adequate  endowment  and  speedy  organization. 

STATE    SEWEB 

.  .  .  .  Therefore,  in  view  of  its  pressing  necessity,  for  the 
Lunatic  Asylum,  particularly  at  present,  the  President  of  the  Board 
of  Managers  of  the  Lunatic  Asylum,  the  President  of  the  Board  of 
Regents  of  the  University,  the  Governor,  as  president  of  the  capitol 
board,  and  the  President  of  the  Board  of  Trustees  of  the  Blind  In- 
stitution, have  acted  as  a  State  Sewer  Board 

PI   BLIC     LANDS 


It  was  then  recommended  that  the  minimum  price  of  these 
reserved  lands  should  be  raised  to  one  dollar,  and  that  two 
millions  of  acres  of  them  should  be  set  apart  for  the  University, 
not  so  much  as  a  gratuitous  donation  as  in  compensation,  and  as 
a  substitute  for  lands  taken  away  from  the  University  by  the  Con- 
stitution of  1876,  which  was  then  fully  explained.  Hills  to  protect 
these  lands  and  to  set  apart  a  portion  of  them  passed  the  Senate, 
but  failed  to  be  passed  in  the  House  of  Representatives.  It  may 
be   asked   why   it   was   proper   that   tbese   lands    should    have   been 


298  University  of  Texas  Bulletin 

valued  and  offered  at  fifty  cents  per  acre,  and  in  three  short  years, 
an  effort  was  made  to  raise  the  price  to  one  dollar  per  acre.  These 
hinds  may  be  worth  from  five  to  fifty  dollars  per  acre,  when  the 
time  arrives  at  which  they  can  be  put  fully  into  practical  use  as 
ultural  and  pastoral  lands.  Most  of  them  then  were  not  and 
practically  could  not  be  used  for  any  purpose,  and  the  value  of 
fifty  rents  was  then  properly  placed  upon  them  upon  an  estimate 
based  upon  the  experiences  of  the  past,  and  upon  the  prospects 
under  the  then  existing  circumstances  as  to  the  length  of  time  that 
might  elapse  before  the  lands  could  be  thus  utilized,  and  bring  their 
full  intrinsic  value 

THE    UNIVERSITY     OF    TEXAS 

All  of  the  branches  of  the  State  University  have  now  been  located, 
the  main  branch  at  Austin,  the  medical  department  at  Galveston, 
the  Agricultural  and  Mechanical  College  at  Bryan,  and,  at  the 
late  general  -election,  the  branch  university  for  colored  youths  at 
Austin.  The  Agricultural  and  Mechanical  College  is  the  only  branch 
now  in  operation.  It  needs  additional  aid  to  complete  its  arrange- 
ments for  teaching  the  science  and  practice  of  agriculture  and  the 
mechanical  arts.  The  Board  of  Regents  contemplate  putting  the 
main  branch  at  Austin  in  operation  during  the  fall  of  the  present 
year,  when  the  west  wing  of  the  magnificent  building  on  College 
Hill  shall  have  been  completed.  They  will  lack  the  means  necessary 
to  do  it  properly,  which,  however,  can  be  readily  and  justly  pro- 
vided by  the  action  of  this  Legislature.  The  medical  branch  and 
the  branch  for  colored  youths  have  had  no  provision  for  them  what- 
ever. Now  that  these  four  branches  are  awaiting  ample  provision 
to  make  them  constitute  "a  University  of  the  first  class,"  as  required 
of  the  Legislature,  "as  soon  as  practicable,"  by  the  Constitution  of 
the  state,  the  propriety  and  necessity  of  the  urgent  efforts  pre- 
viously made  by  the  friends  of  education  to  have  such  ample  pro- 
vision made,  and  all  of  the  branches  placed  under  one  Board  of 
Regents  for  their  management,  are  now  obvious.  This  subject  was 
brought  to  the  attention  of  the  last  Legislature,  convened  in  special 
session  in  April  of  last  year,  with  a  full  explanation  of  the  inade- 
quacy of  the  means  previously  provided,  and  of  the  practicability 
then  of  making  such  ample  provision  without  any  material  detri- 
ment to  any  other  interests  of  the  State.  A  bill  for  that  purpose 
passed  the  Senate,  but  failed  to  be  passed  in  the  House  of  Repre- 
sentatives. 

It  was  recommended  that  the  bonds  reported  formerly  as  of 
doubtful  validity,  amounting  to  one  hundred  and  thirty-four  thou- 
sand dollars,  issued  in  1867,  be  recognized  as  valid,  and  the  interest 
accrued  thereon  up  to  the  eighteenth  of  April,  1876,,  when  the  pre- 
sent Constitution  went  into  effect,  amounting  to  over  sixty  thousand 


A  Source  Book  of  the  University  of  Texas  299 

dollars,  be  invested  in  similar  five  per  cent  bonds,  and  the  interest 
accrued  since  that  time,  amounting  to  about  eighteen  thousand  dol- 
lars, be  appropriated  in  money,  to  become  a  part  of  the  available 
fund  for  present  use;  that  the  one  million  acres  that  had  been 
»et  apart  and  surveyed  be  sold  or  leased,  the  interest  upon  the  sale 
of  which,  if  sold  on  time,  could  be  made  available  annually  by 
an  amendment  of  the  Constitution;  that  two  millions  of  acres  of 
lands  be  set  apart  out  of  the  lands  reserved  to  pay  the  public  debt, 
in  such  a  manner  as  would  not  interfere  with  the  interest  in  them 
of  the  public  free  schools.  Nearly  all  of  those  lands  set  apart  to 
pay  the  public  debt  have  either  been  sold  or  surveyed  for  purchasers, 
by  which  a  right  to  purchase  them  has  been  legally  secured,  and  the 
money,  amounting  to  several  millions  of  dollars,  has  been  paid  and 
will  very  soon  be  paid  into  the  State  Treasury  for  -aid  lands,  one- 
half  of  which  will  be  the  fund,  which  may  be  appropriated  to  pay  the 
public  debt.  That  fund  unlike  that  of  the  public  free  schools,  is 
still  under  the  control  of  the  Legislature  as  to  its  disposition,  and 
one  million  of  dollars,  the  proceeds  of  two  millions  of  acres  of  said 
lands,  may  still  be  set  apart  to  the  University,  if  the  Legislature 
should  choose  to  do  it. 

Under  the  Constitution  (Art.  7,  Sec.  4),  the  Legislature  cannot 
appropriate  revenue  to  erect  buildings  for  the  University,  nor  for 
the  establishment  and  maintenance  of  the  branch  university  for 
colored  youths;  therefore  any  enlargement  of  that  part  of  the  main 
University  now  being  built,  and  the  erection  of  buildings  for  the 
medical  branch,  and  the  establishment  and  maintenance  of  the 
branch  for  colored  youths,  must  be  indefinitely  postponed;  and  the 
main  University  itself  will  not  have  the  means  to  purchase  a  library, 
apparatus  and  necessary  furniture  to  start  with  ordinary  respecta- 
bility, if  the  opportunity,  still  available,  is  allowed  to  pass  without 
appropriating  a  portion  of  this  fund  to  the  University,  including  its 
several  branches.  A  reason  why  a  liberal  appropriation  should  be 
made  at  once,  if  anything  further  is  intended  to  be  done  for  the 
University,  is  that  any  amount  of  money,  however  small,  unless 
it  be  interest  of  its  fund,  has  to  be  placed  at  once  in  the  permanent 
fund,  and  cannot  be  used  otherwise  than  to  draw  interest  after  in- 
vestment.     (Con.  Art.  17,  Sec.   11.) 

The  requirement  of  the  Constitution  and  the  unmistakeable  mani- 
festation of  an  enlightened  public  sentiment  in  favor  of  a  liberal 
endowment  of  the  University  will  doubtless  be  sufficiently  appre- 
ciated and  respected  by  the  honored  representatives  of  the  people, 
as  to  render  any  argument  unnecessary,  to  stimulate  them  to  action, 
in  a  measure  so  important  to  the  well  being  of  the  State  and  its 
people  at  present,  as  well  as  in  all  future  time 

One  of  the  greatest  obstacles  in  the  way  of  reaching  proper 
conclusions  by  educators,   and   many  other   friends   of   education,   is 


300  University  of  Texas  Bulletin 

their  constant  failure  to  keep  strictly  in  view  the  specific  objects 
of  the  State  in  instituting  public  schools,  as  indicated  by  the  Consti- 
tution and  laws  of  the  State. 

They  habitually  devise  plans  for  general  education,  irrespective 
of  the  school  in  which  it  is  to  be  taught;  whereas  the  object  of  the 
State  in  regard  to  each  school  is  specific.  For  instance,  the  public 
free  schools  are  instituted  and  regulated  by  the  Constitution  and 
law  to  teach  the  mass  of  people  such  branches  only  as  are  necessary 
for  intelligent  citizenship  in  a  republican  government.  Normal 
schools  are  instituted  to  train  and  perfect  the  education  of  pupils 
sufficiently  to  enable  them  to  be  competent  teachers  in  the  public 
free  schools.  Summer  normal  institutes  are  designed  to  train  and 
improve  teachers  who  are  already  engaged  in  the  business  of 
teaching. 

The  Institutes  for  the  deaf  and  dumb,  and  for  the  Blind,  are 
designed  to  teach  pupils  such  things  as  will  best  enable  them  to 
supply  the  want  of  the  lacking  facilities,  as  far  as  practicable. 

The  Agricultural  and  Mechanical  College  is  designed  to  teach 
learning  in  agriculture  and  the  mechanical  arts,  and  the  natural 
sciences  connected  therewith. 

The  University  is  designed  to  teach  the  higher  grades  of  learning 
and  science,  and  to  qualify  persons  for  the  learned  professions. 

A  proper  appreciation  of  these  specific  objects  will  serve  as  a 
guide  in  the  estimate  of  what  should  be  taught,  and  of  the  extent 
of  the  means  to  be  used  in  their  support,  respectively. 

I  respectfully  refer  you  to  the  reports  of  the  Board  of  Education, 
of  the  Board  of  Regents  of  the  University,  and  other  reports  of  those 
institutions,  with  a  request  for  a  due  consideration  of  the  facts 
presented  and  recommendations  therein  contained 

ADDRESS  OF  LIEUTENANT  GOVERNOR  L.  J.   STOREY 

January  9,  1883;  S.  J.  p.  3 


Also,  the  repeal  of  all  laws  upon  the  statute  books  authorizing  the 
sale  of  the  school,  University  and  asylum  lands  of  the  State,  and 
that  provision  be  made  to  lease  out  these  lands  so  as  to  secure  the 
greatest  possible  good  to  the  fund  to  which  they  severally  belong. 
Whatever  doubt  there  may  be  in  the  minds  of  some  as  to  your 
authority  under  the  present  Constitution  to  provide  for  the  leasing 
of  the  public  school  and  University  lands,  instead  of  their  sale  as 
now  provided  by  law,  there  can  be  no  such  doubt  as  to  your  author- 
ity under  the  Constitution  to  take  every  acre  of  the  asylum  lands 
from  the  market. 


A  Source  Book  of  flu   University  of  Texas  301 

If  this  is  done,  and  an  amendment  to  the  Constitution  is  sub- 
mitted to  a  vote  of  the  people  authorizing  the  levy  and  collection  of 
a  special  school  tax  separate  from  the  general  revenues,  our  free 
school  system  may  be  perfected,  and  at  the  same  time  the  burthens 
of  taxation  for  revenue  purposes  be  reduced  to  the  actual  necessities 
of  the  State  Government. 

With  such  a  change  in  our  Constitution  and  laws,  and  with  the 
University  of  Texas — the  chief  cap-stone  of  the  only  free  school  sys- 
tem worth  preserving — properly  endowed,  as  it  should  be  done  by 
this  Legislature,  our  school  system  will  be  an  honor  to  the  State  and 
the  pride  of  her  people,  and  in  the  near  future  become  the  most 
efficient  of  any  to  be  found  in  the  Union. 

PROCEEDINGS  IX  THE  LEGISLATURE 

H.  B.  6 — By  Mr.  Frymier. 

To  withdraw  the  public  lands  from  sale. 
Became  a  law.     H.  J.  p.  493;  S.  J.  p.  333. 

H.  B.  10. — By  Mr.  Robertson  of  Williamson. 

To  create  and  organize  the  Education  Land  Department,  and  to 
provide  for  the  classification,  sale  and  lease  of  the  University,  public 
free  school  and  asylum  lands,  for  the  protection  and  sale  of  the 
timber  thereon,  for  the  reservation  and  protection  of  the  minerals 
thereon. 

Committee  disagreed.  Committee  of  Whole  substituted.  S.  B. 
269;  H.  J.  p.  493. 

H.  B.  18. — By  Mr.  Foster  of  Limestone. 
To  withdraw  the  public  lands  from  sale. 
Substituted  and  passed.     H.  J.  p.  494:  S.  J.  p.  333. 

H.  B.  3  3. — By  Mr.  Wurzbach. 

To  create  a  bureau  of  public  free  schools,  asylum  and  University 
lands. 

Committee  disagreed.     H.  J.  p.   494. 

H.  B.  157. — By  Mr.  McDaniel. 

To  withdraw  from  sale  school  and  other  public  lands. 
Favorably  reported.     H.  J.  p.  49  5. 

H.  B.  228. — By  Mr.  McKinney. 

To  authorize  the  sale  or  lease  of  land  belonging  to  the  University. 
Unfavorably  reported.     H.  J.  p.  496. 


302  University  of  Texas  Bulletin 

H.  B.  272. — By  Mr.  McKinney. 

To  repay  to  the  University  fund  bonds  amounting  to  $134,472.26 
executed  by  the  State,  January  1,  1867,  approved  November  12, 
1866. 

Committee  amended  to  $256,272.57. 

Became  a  law.     H.  J.  p.  496. 

H.  B.   383. — By  Mr.  White. 

To  amend  Articles  137  and  140,  and  Chapter  75,  Penal  Code. 
Unfavorably  reported.     H.  J.  p.  497. 

H.  B.  394 — By  Mr.  Upton. 
General  Appropriation  bill. 
Became  a  law.     H.  J.  p.  497;  S.  J.  p.  319. 

H.  B.  453 — By  Mr.  Moursund. 

To  regulate  the  enclosure  or  occupation  of  public  school^  Uni- 
versity, asylum,  or  other  public  lands. 

Favorably  reported.     Ordered  printed.     H.  J.  p.  49  8. 

H.  B.  492 — By  Mr.  Barry. 

To  regulate  the  sale  and  lease  of  the  unappropriated  common 
school,  asylum  and  University  lands. 

Committee  disagreed.     H.   J.   p.   497. 

H.  B.  536 — By  Mr.  Cramer. 

To  repeal  all  laws  authorizing  the  sale  of  school,  University  and 
asylum  lands. 

Died  on  calendar.     H.  J.  p.'  498. 

H.  B.  537 — By  Mr.  Kendall. 

To  withdraw  the  common  school,  University,  and  asylum  lands 
from  sale. 

Died  on  calendar.     H.  J.  p.  498. 

S.  B.  14 — By  Mr.  Davis. 

To  provide  for  the  payment  of  certain  debts,  (including  debts  to 
University.) 

Substitute  adopted.     S.  J.  p.  320;   H.  J.  p.  512. 

S.  B.  22— By  Mr.  Pfeuffer. 

To  suspend  the  sale  of  all  public  lands. 

Substitute  passed  Senate.     S.  J.  p.  320;  H.  J.  p.  512. 

S.  B.  73 — By  Mr.  Farrar. 

To  extend  the  time  of  redeeming  lands  sold  to  the  State  for  taxes. 
Substituted.     S.  J.  p.  321. 


A  Source  Book  of  the  University  of  Texas  303 

S.  B.  189— By  Mr.  Terrell. 

To  pay  to  the  University  fund  bonds  amounting  to   $134,472.26, 
etc. 

S.  J.  p.  322.     See  H.  B.  272. 

S.  B.  198 — By  Mr.  Terrell. 

To  provide  for  the  permanent  endowment  of  the  University  and 
its  branches,  in  land,  or  its  proceeds. 

Committee  substitute  which  became  a  law  gave  one  million  acres 
to  the  University  plus  one  million  acres  to  the  public  schools. 

Became  a  law.     S.  J.  p.  323;  H.  J.  p.  512;  Lane  pp.  266-267. 
S.  B.  269 — By  Committee  on  Public  Lands. 

To  provide  for  selling  and  leasing  the  free  school  lands,  including 
University. 

Became  a  law.     S.  J.  p.  324;  H.  J.  p.  512. 

S.  B.  310 — By  Mr.  Houston. 

To  provide  for  the  disposition  of  the  minerals  in  the  public  school, 
University,  etc.,  lands. 

Became  a  law.     S.  J.  p.  325;  H.  J.  p.  512. 

S.  B.  336 — By  Mr.  Martin. 

To  repeal  laws  authorizing  sale  of  University  and  asylum  lands. 
Favorably  reported.     S.  J.  p.  325. 

H.  S.  R. — By  Mr.  Brown. 

To  request  the  Committee  on  Educational  Affairs  to  investigate 
the  debts  due  to  the  University  and  common  school  funds. 

H.  J.  p.  30. 

H.  S.  R. — By  Mr.  Brown. 

Not    to    invest    the    permanent    University    and    common     school 
funds  in  State  or  U.  S.  bonds. 

H.  J.  p.  147. 

GENERAL.  LAWS 

H.  B.  6;   Ch.  6,  p.  3;   G.  9,  p.  309 

An  act  to  withdraw  from  sale  all  the  School,  University  and  Asylum 
Lands,  heretofore  by  any  law  of  this  State  authorized  to  be  sold. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Titus, 
That  all  the  school,  university  and  asylum  lands  heretofore  author- 
ized by  any  law  of  this  State  to  be  sold,  are  hereby  withdrawn  from 
sale  from  the  passage  of  this  act  until  after  the  expiration  of  ninety 
days  from  the  adjournment  of  the  Legislature. 


:;n|  University  of  Texas  Bulletin 

Sec.  2.  All  laws  and  parts  of  laws  in  conflict  with  this  act 
are  hereby  suspended  until  ninety  days  after  the  adjournment  of 
this  Legislature. 

Approved    February    3,    1883. 

H.  15.  272;  Oh.  27,  p.  15;   G.  9,  p.  321 

An  act  to  provide  for  the  payment  of  certain  debts  of  the  State, 
out  of  that  half  of  the  proceeds  of  the  sale  of  the  Public  Lands, 
not  belonging  to  the  Common  School  Fund. 

Sec.  2.  The  bonds  for  the  sum  of  one  hundred  and  thirty-four 
thousand  four  hundred  and  seventy-two  dollars  and  twenty-six 
cents,  dated  the  first  day  of  January,  1867,  due  twelve  years  after 
date  and  bearing  interest  at  the  rate  of  five  per  cent  per  annum 
from  date,  executed  by  the  State  to  the  University  fund,  under  the 
Act  of  November  12th,  1866,  and  also  the  certificate  of  indebtedness 
for  the  amount  of  ten  thousand  three  hundred  dollars  and  forty -one 
cents,  issued  by  W.  L.  Robards,  Comptroller  of  Public  Accounts  on 
the  eighth  day  of  June,  1865,  are  declared  to  be  valid  debts  due 
from  the  State  to  the  University  of  Texas,  and  the  sum  of  two  hun- 
dred and  fifty-six  thousand  two  hundred  and  seventy-two  dollars 
and  fifty-seven  cents  ($25  6,272.57)  of  that  half  of  the  proceeds  of 
the  sale  of  public  lands  not  belonging  to  the  common  school  fund, 
shall  be  transferred  to  the  University  fund  in  payment  of  said  certi- 
ficate and  bonds  and  the  accrued  interest  on  said  bonds  to  the  first 
day  of  August  1883,  forty-five  thousand  one  hundred  and  four  dol- 
lars and  twenty-two  cents  of  which  belongs  to  the  available  Uni- 
versity fund,  after  which  said  certificate  and  bonds  shall  be  fully 
discharged. 

Approved  February  23,  1883. 

[Compare  with  Ch.   116.] 

S.  B.   189;    Ch.   72.  p.   71;    G.   9,  p.  377 

An  act  to  provide  for  the  permanent  endowment  in  land  or  its 
proceeds,  of  the  University  of  Texas  and  its  branches,  including 
the  branch  for  the  instruction  of  colored  youths;  and,  also,  to 
provide  for  an  equal  endowment  for  the  benefit  of  the  perman- 
ent common  free  schools  of  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  after  the  payment  of  the  amounts  due  from  the'  State  to  the 
common  free  school  fund,  out  of  the  proceeds  of  the  sales  here- 
tofore made,  or  hereafter  to  be  made,  of  that  portion  of  the  public 
lands  set  aside  for  the  payment  of  the  public  debt,  by  an  act  ap- 
proved July   14th,   1879,   and  an  act  amendatory  thereof,   approved 


.1  Source  Book  of  the  University  of  Texas 

March  11th,  1881,  and  the  payment  directed  to  be  made  to  the  com- 
mon school  and  university  funds  by  an  act  approved  Februarj 
1883,  the  remainder  of  said  land,  not  to  exceed  two  million  of  acres, 
contained  in  the  counties  and  territory  specially  mentioned  in  said 
acts,  or  the  proceeds  thereof,  set  aside  by  said  acts  for  the  payment 
of  the  public  debt,  heretofore  or  hereafter  to  be  received  by  the 
State,  shall  one  half  thereof  constitute  a  permanent  endowment 
fund  for  the  University  of  Texas  and  its  branches,  including  the 
branch  for  the  instruction  of  colored  youths,  and  one  half  thereof 
shall  constitute  a  permanent  endowment  fund  for  the  common 
free  schools  of  this  State. 
Approved  April   10,    1883. 

i 
S.  B.  269;  Ch.  88,  pp.  85-89,  G.  9,  pp.  391-395 

An  act  to  provide  for  the  classification,  sale  and  lease  of  the  lands 
heretofore   or   hereafter   surveyed   and   set   apart   for   the   benefit 
of  the  Common  School,  University,  the  Lunatic,  Blind,  Peaf  and* 
Dumb   and   Orphan   Asylum   funds. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  all  lands  heretofore  or  hereafter  surveyed  and  set 
apart  for  the  benefit  of  the  Common  School,  University,  the  Luna- 
tic, Blind,  Deaf  and  Dumb  and  Orphan  asylum  funds  may  be  sold 
and    leased    as    hereinafter    provided. 

Sec.  2.  There  shall  be  and  is  hereby  created  a  State  Land 
Board  which  shall  be  composed  of  the  Governor,  Attorney  General, 
Comptroller,  Treasurer  and  Commissioner  of  the  General  Land 
Office,  who  shall  exercise  the  powers  and  perform  the  duties  here- 
inafter   prescribed. 

Sir.  3.  The  said  State  Land  Board  shall,  under  such  regulations 
as  they  may  prescribe,  cause  the  said  land  to  be  classified  into 
agricultural,  pasture  and  timber  lands  and  ascertain  which  tracts 
have  permanent  water  on  them,  or  bordering  on  them  and  cause 
a  tabulated  statement  of  the  land  in  each  county  to  be  made,  show- 
ing the  number  of  the  survey,  block,  quantity  in  each  survey,  name 
of  company  or  individual  to  whom  the  certificate  was  granted,  the 
value  of  the  improvements  and  the  owner  and  such  other  descrip- 
tions and  information  as  may  be  deemed  necessary,  and  a 
manent  record  thereof  shall  be  made  and  preserved  in  the  General 
Land  Office,  and  a  copy  of  such  record  relating  to  a  county  shall 
be  forwarded  to  the  surveyor  of  such  county  or  land  district  in 
which  the  land  is  situated;  but  nothing  herein  shall  be  construed 
to  require  any  further  classification  of  such  of  said  lands  as  have 
already   been   classified,   unless  the   State    Land    Hoard   shall    b 

20 — 227 


306  University  of  Texas  Bulletin 

that  the  same  is  necessary  to  ascertain  the  true  valu-e  or  class  of 
such    land. 

Sec.  4.  Said  land  shall,  In  no  case  be  sold  for  less  than  two 
dollars  per  a°re  for  surveys  of  land  without  water  on  them  or 
bordering  on  them,  nor  for  less  than  three  dollars  per  acre  for 
land  with  permanent  water  on  them  or  bordering  on  them,  nor  less 
than  five  dollars  per  acre  for  land  having  timber  thereon  suitable 
for  lumber,  nor  for  less  than  two  dollars  per  acre  for  land  having 
timber  thereon  not  suitable  for  lumber  and  classed  as  timbered 
lands. 

Sec.  5.  Any  actual  settler  upon  any  land  included  in  this  act 
who  is  now  and  was  an  actual  settler  in  good  faith  on  the  first 
day  of  January  A.  D.  1883,  shall  have  the  right,  for  a  period  of 
■ix  months  from  the  time  the  land  shall  be  placed  upon  the  market 
for  sale,  to  purchase  not  less  than  one  hundred  and  sixty  acres  nor 
more  than  six  hundred  and  forty  acres  of  the  land  so  settled  upon, 
at  the  minimum  price  fixed  by  this  act,  and  on  the  terms  and  rate 
of  interest  fixed  by  this  act;  provided,  however,  that  any  actual 
settler  in  good  faith  upon  any  lands  in  any  county  which  have 
been  appraised  by  the  proper  surveyor,  and  such  appraisement  has 
been  approved  by  the  commissioners'  court  of  the  proper  county, 
in  accordance  with  the  provision  of  sections  two  and  three  of  the 
act  approved  April  6,  A.  D.  1881,  concerning  the  sale  of  alternate 
sections  of  school  lands  in  organized  and  unorganized  counties  of 
this  State,  and  such  appraisement  has  been  filed  in  the  General 
Land  Office,  but  which  lands  have  or  have  not  been  placed  upon 
the  market  under  such  appraisement,  shall  be  permitted  to  pur- 
chase not  less  than  one  hundred  and  sixty  acres  (unless  there  is 
a  fraction  of  less  than  one  hundred  and  sixty  acres  now  existing) 
nor  more  than  six  hundred  and  forty  acres  of  land  upon  which 
they  have  settled  (to  include  their  improvements),  at  the  price 
per  acre  fixed  by  such  appraisement;  but  shall  be  required  to 
pay  the  rate  of  eight  per  cent  interest,  as  fixed  by  said  act  of  April 
6,  A.  D.  1881,  and  shall  be  permitted  to  pay  all  or  any  part  of 
the  purchase  money  thereof  at  any  time.  Such  purchaser  shall, 
In  all  other  respects,  conform  to  the  provisions  of  this  act;  pro- 
vided, however,  that  any  such  person  desiring  to  purchase  any  of 
said  lands  so  appraised,  shall  within  six  months  from  the  time 
this  act  takes  effect,  file  in  the  General  Land  Office  his  application 
to  purchase  said  land  describing  it,  and  on  payment  of  one  thirtieth 
of  the  purchase  money  and  one  year's  interest,  and  forwarding 
his  affidavit  stating  that  he  is  and  was,  on  the  first  day  of  Jan- 
uary A.  D.  1883,  an  actual  settler  in  good  faith  upon  said  land, 
and  that  he  settled  on  it  with  a  view  to  purchase  it,  together  with 


A  Source  Book  of  fin   University  of  Texas  30*3 

the  affidavit  of  at  least  two  credible  citizens  of  his  county  showing 
that  such  applicant  is  and  was  a  settler  in  good  faith  upon  said 
land;  provided,  however,  that  such  land  having  timber  thereon 
suitable  for  lumber  or  shingles,  and  chiefly  valuable  on  that 
account,  shall  be  sold  for  cash  only,  and  may  be  purchased  in 
quantities  of  not  less  than  eighty  acres  nor  more  than  three  hun- 
dred and  twenty  acres;  and  provided  further  that  other  timbered 
lands  may  be  purchased  at  two  dollars  per  acre;  and  provided  fur- 
ther, that  no  preference  in  the  right  of  purchase  given  by  this  or 
any  other  section  of  this  bill  shall  extend  to  or  include  any  min- 
erals, but  the  same  shall  remain  the  property  of  the  respective 
funds  to  which  said  lands  belong. 

Sec.  6.  The  lands  when  placed  upon  the  market,  shall  be  sold 
in  the  county  or  land  district  in  which  it  is  situated,  by  such  au- 
thority and  under  such  system  of  competition  as  may  be  prescribed 
by  said  Land  Board;  provided,  that  no  person,  either  in  person  or 
by  agent,  shall  purchase  from  the  State  more  than  one  section  of 
land  classed  as  agricultural  land,  or  as  watered  land,  and  seven 
sections  of  unwatered  pasture  land;  provided,  the  board  may,  in 
their  discretion,  require  the  purchaser  of  any  particular  section 
of  watered  pasture  land  to  take  with  the  same  such  a  number  of 
dry  sections  as  they  may  designate,  not  to  exceed  seven  sections: 
and  every  attempt  to  evade  the  limitation  of  this  act  as  to  the 
amount  or  class  of  land  one  may  purchase,  by  any  device  whatever, 
shall  be  deemed  fradulent,  and  the  fraud  may  be  shown  and  the 
purchase  canceled  by  the  State  within  one  year  from  the  date  of 
sale;  provided,  that  the  agricultural  lands  shall  be  sold  only  to 
actual  settlers:  and  provided  further,  that  no  person  shall  be  per- 
mitted to  purchase  more  than  three  sections  of  six  hundred  and 
forty  acres  within  five  miles  of  the  geographical  centre  of  any 
county.  No  corporation  shall  be  permitted  to  acquire  title  to 
more  than  one  section  of  land  in  any  one  county. 

Sec.  7.  Until  otherwise  prescribed  by  the  board,  the  land  shall 
be  placed  upon  the  market  in  the  following  manner:  when  the 
tabulated  statement  shall  have  been  forwarded  to  the  surveyor  of 
the  county  or  land  district  and  the  board  shall  have  designated 
some  one  to  represent  the  State  in  the  disposition  of  the  land  in 
such  county  or  land  district  and  notice  of  such  facts  shall  under 
directions  of  the  board,  have  been  published  in  not  more  than  three 
newspapers  of  the  State,  and  shall  have  been  published  under  the 
direction  of  the  person  authorized  to  sell,  for  thirty  days  in  the 
section  where  the  land  is  situated,  the  lands  of  Buch  county  or 
land  district  shall  be  considered  upon  the  market  for  sale,  and 
the  person  designated  to  represent  the  State  shall  receive  bids  for 
the  same. 


308  /  niversity  <>f  Texas  Bulletin 

Sec.  8.  The  person  desiring  to  purchase  any  of  said  lands  shall 
file  his  application  with  the  person  authorized  to  sell,  designating 
the  particular  section,  or  tract  less  than  a  section,  which  he  desires 
to  purchase  and  accompany  it  with  a  sufficient  sum  of  money  to 
pay  for  advertising  the  bid  in  such  manner  as  may  be  prescribed 
by  the  board,  and  on  the  first  Tuesday  of  the  month  designated 
in  the  advertisement,  and  after  at  least  twenty  days  notice,  the 
person  having  authority  shall  sell  the  same  to  the  highest  and  best 
bidder  at  the  court  house  of  the  county  in  which  it  is  situated 
if  in  an  organized  county  or  if  an  unorganized  county  at  the  court 
house  door  of  the  county  to  which  it  is  attached  for  surveying  pur- 
poses. The  application  shall  be  considered  the  first  bid  unless 
raised  before  offered  at  public  outcry,  and  any  one  desiring  to 
raise  the  bid  may  do  so  by  notifying  the  seller  in  writing  at  any 
time  before  ft  is  put  up  at  public  outcry  or  orally  at  the  public 
auction.  No  bid  shall  be  received  at  a  less  sum  than  the  minimum 
price  fixed  by  law,  nor  shall  any  fraction  of  less  than  one  hundred 
and  sixty  acres  be  left  by  such  sale,  nor  shall  any  fraction  of  less 
than  three  hundred  and  twenty  acres  be  divided;  nor  shall  such 
section  be  divided  into  other  than  half  a  quarter  section.  Should 
the  person  advancing  the  sum  of  money  for  advertising  the  bid  as 
above  provided,  not  become  the  purchaser  of  the  land  bid  for,  said 
money  shall  be  returned  to  him  and  collected  from  the  purchaser; 
provided  that  no  sale  of  agricultural  land  shall  be  perfected  until 
the  proposed  purchaser  files  an  affidavit  that  he  intends  that  the 
land  shall  be  actually  settled  within  six  months:  and  in  case  of 
failure  to  settle  the  same  within  that  time,  the  proposed  purchaser 
shall  forfeit  the  money  already  paid  on  the  land. 

Sec  9.  The  purchaser  shall  at  once  pay  to  the  person  selling 
for  the  State,  or  to  the  State  Treasurer,  as  the  board  may  deter- 
mine, and  within  such  time  as  it  may  fix  one-thirtieth  of  the 
amount  bid,  and  execute  his  obligation  for  the  remainder  of  the 
purchase  money,  payable  to  the  State  of  Texas,  and  binding  the 
purchaser  to  pay  one-thirtieth  of  the  whole  price  on  the  first  day 
of  each  succeeding  year  until  the  whole  is1  paid,  and  interest  at 
the  rate  of  five  per  cent  per  annum  on  the  whole  unpaid  purchase 
money  from  date,  payable  annually  on  or  before  the  first  of  March 
of  each  year;  and,  provided,  that  after  the  expiration  of  seven 
years,  the  purchaser  shall  have  the  option  to  pay  the  unpaid  princi- 
pal, and  providing  that  a  failure  to  pay  the  annual  installments 
of  principal  shall  not  work  a  forfeiture  until  the  whole  sum  is 
due;  provided,  that  upon  proof  of  actual  occupancy,  use  and  im- 
provements for  three  consecutive  years,  the  purchaser  shall  be  per- 
mitted to  pay  all  of  the  purchase  money  remaining  unpaid:  pro- 
vided   further,    that    any    person    acting    as    agent    or    attorney    for 


A  Source  Book  of  the  University  of  Texas  309 

t 

another  in  the  purchase  of  any  of  said  lands  shall  file  with  the  per- 
son authorized  to  sell  a  legally  executed  power  of  attorney  from 
his  principal,  or  other  instrument  of  writing  from  a  court  of  com- 
petent authority  to  invest  him  with  powers  to  consumate  a  con- 
tract. 

Sec.  10.  If  upon  the  first  day  of  March  of  any  year  the  interest 
due  remains  unpaid  the  custodian  of  the  obligation  of  the  pur- 
chaser shall  endorse  on  it  "lands  forfeited,"  and  the  account  kept 
with  the  purchaser  shall  show  such  failure  to  pay  and  such  for- 
feiture; the  failure  to  pay  the  interest  shall  ipso  facto  work  a 
forfeiture  and  the  entry  on  the  account  shall  be  evidence  of  the 
fact,  and  there  shall  be  no  necessity  for  judicial  ascertainment  of 
the  facts  of  the  forfeiture:  and  no  defaulting  purchaser  or  those 
claiming  under  him,  shall  evade  or  avoid  the  effect  of  such  for- 
feiture at  once  by  reason  of  any  statute  or  law,  which  for  cover- 
ture infancy  or  the  like  would  otherwise  give  them  additional  time 
for  payments  or  action,  except  as  follows:  Should  any  purchaser 
die,  the  representative  or  heirs  of  the  deceased  shall  have  one 
year  within  which  to  pay  the  interest  due  on  the  first  of  March 
next  after  such  death. 

Sec.  11.  The  person  authorized  to  make  sales  shall  receive  such 
obligations  for  the  State  and  account  for  the  money  and  notes  re- 
ceived by  him  at  such  times  and  in  such  manner  as  may  be  pre- 
•cribed   by  the   board. 

Sec.  12.  That  in  case  any  purchaser  desired  to  sell  the  land 
purchased  by  him  he  may  do  so  after  his  first  payment  and  in  case 
of  such  sale,  his  vendee  shall  file  in  the  office  of  the  custodian  of 
the  original  obligation  or  his  vendor,  a  properly  authenticated 
transfer  signed  by  said  vendor  and  vendee,  duly  acknowledged  and 
recorded,  in  the  proper  county,  and  said  vendee  shall  thereby 
assume  the  obligation  and  be  liable  to  the  penalties  imposed  upon 
the  original  purchaser,  and  said  original  purchaser  shall  thereby 
be  relieved  from   any  further  liability   upon   his  obligations. 

Sec.  13.  Upon  payment  of  all  the  purchase  money  and  interest 
upon  notes  given  for  the  land  under  this  act  the  Commissioner  of 
the  General  Land  Office  shall  issue  a  patent  to  the  purchaser,  or 
his  assigns,  or  heirs,  upon  payment  of  the  fees  prescribed  by  law; 
provided,  that  no  patent  so  issued  shall  include  more  than  six 
hundred  and  forty  acres,  nor  shall  it  contain  portions  of  any  other 
sections,  provided,  further,  that  no  patent  shall  issue  to  agricul- 
tural lands  until  proof  of  actual  settlement  shall  be  made  in  such 
manner  as  may  be  prescribed  by  the  board. 

Sec.  14.  The  minerals  on  all  lands  sold  or  leased  under  this 
act  are  reserved  by  the  State  for  the  use  of  the  fund  to  which  the 
land  now  belongs. 


310  University  of  Texas  Bulletin 

Sm.  i:,.  The  said  Land  Board  shall  cause  the  timber  on  the 
school  land  suitable  for  lumber  or  shingles  to  be  sold  at  not  less 
than  five  dollars  per  acre,  cash,  nor  less  than  six  hundred  and  forty 
acres  shall  be  included  in  one  sale.  The  purchaser  shall  be  re- 
quired to  remove  the  timber  sold  within  a  specified  time,  not  ex- 
ceeding four  years.  The  board  shall  appoint  such  agents  and  make 
such  regulations  relating  to  the  sale  of  said  timber  as  may  be 
necessary,  in  their  judgment,  to  effect  the  object  herein  sought. 
Land  which  has  on  it  timber  suitable  for  lumber  and  shingles 
shall  not  be  sold  except  to  actual  settlers  and  at  a  price  not  less 
than  five  dollars  per  acre  under  such  regulations  as  the  board 
may  prescribe  in  tracts  of  not  less  than  one  hundred  and  sixty 
acres  nor  more  than  six  hundred  and  forty  acres,  the  Land  Board 
shall  in  every  sale  of  timber  or  timbered  land  where  the  timber 
is  suitable  for  lumber  or  shingles,  make  such  provision  in  the  sale 
as  will  protect  the  timber  from  tresspass  on  adjacent  land  em- 
braced by  this  act  not  sold;  provided,  that  if  any  purchaser  of  said 
timbered  land,  before  final  and  full  payment,  shall  cut,  sell  or 
destroy  or  permit  any  one  else  to  cut  or  destroy  any  more  timber 
than  is  necessary  in  clearing  and  improving  said  lands,  and  for 
firewood  and  building  purposes,  he  shall  forfeit  all  claim  to  said 
land,  and  in  case  of  any  violation  of  this  provision  of  this  act  it 
shall  be  the  duty  of  the  proper  district  or  county  attorney  to  insti- 
tute suit  in  the  district  court  of  the  county  in  which  the  land  is 
situated  in  the  name  of  the  State,  against  any  such  purchaser,  to 
have  such  forfeiure  duly  adjudged  and  executed  and  a  judgment 
entered  for  the  State  for  such  damages  as  may  be  established  on 
the  trial  of   said   cause. 

Sec.  16.  Pasture  lands  or  agricultural  lands  not  timbered,  may 
be  leased  in  suitable  quantities  for  stock  and  ranch  purposes  for 
not  less  than  four  cents  per  acre  per  annum  and  for  periods  not 
exceeding  ten  years,  by  such  agents  and  under  such  regulations  as 
the  board  may  prescribe.  The  regulations  shall  provide  for  compe- 
tition. Leases  shall  be  made  in  the  localities  where  the  land  is 
situated.  Where  there  is  an  application  for  both  sale  and  lease 
the  sale  shall  have  the  preference. 

Sec.  17.  All  lands  leased  shall  remain  subject  to  purchase  for 
actual  settlement  in  bodies  not  to  exceed  six  hundred  and  forty 
acres;  but  before  said  purchaser  shall  be  permitted  to  buy  leased 
land  he  shall  swear  that  he  intends  to  actually  settle  on  it  and 
until  he  does  actually  settle,  build  and  fence  thereon  the  lessee 
shall  remain  in  possession;  provided,  that  when  the  lessee  has 
but  one  watered  section  leased  from  the  State  in  the  same  vicinity, 
such  section  shall  not  be  subject  to  sale  and  settlement  during  the 
term  of  the  lease;   and  provided  further,  that  when  a  sale  is  made 


A  Source  Book  of  the  University  of  Texas  311 

of  leased  land  then  the  lessee  shall  be  entitled  to  have  a  pro  rata 
of  any  rent  which  he  shall  have  paid  in  advance,  refunded  him 
by  the  Treasurer  of  the  State  upon  warrant  drawn  by  the  Comp- 
troller by  order  of  the  Land  Board;  provided,  that  no  enclosure 
bordering  on,  along  or  across  any  stream  of  water  shall  be  of  a 
width  of  more  than  four  miles  and  a  space  of  at  least  forty  yards 
shall  be   left  open  between   all   such   enclosures. 

Sec.  18.  The  said  Land  Board  shall  have  the  power  to  employ 
and  discharge  such  persons  as  may  be  necessary  to  enable  them  to 
cause  this  act  to  be  efficiently  executed,  and  fix  their  compensation 
and  may  delegate  to  them  such  powers  as  may  be  necessary  to 
enable  them  to  aid  in  carrying  out  the  provisions  of  this  act.  The 
expenses  of  selling  and  leasing  the  School,  University  or  the  Luna- 
tic, Blind,  Deaf  and  Dumb  or  Orphan  Asylum  lands  shall  be  paid 
out  of  the  proceeds  of  the  sales  and  leases,  except  that  paid  by  the 
purchaser  under  such  regulations  as  the  said  board  may  prescribe. 

Sec.  19.  All  laws  and  parts  of  laws  in  conflict  herewith  are  hereby 
repealed. 

Approved  April  12th,  1883. 

S.   B.  310,   Ch.   97,   pp.    100-101;    ii.   9,    pp.    400-407 

An  act  to  provide  for  the  disposition  of  the  minerals  in  the  Public 

School, 'University,    Asylum    and    Public    Lands    of    the    State    of 

Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  all  minerals  in  the  Public  School,  University,  Asylum  and  public 
lands  of  the  State  of  Texas  be  and  the  same  are  reserved  from  the 
operation  of  the  laws  for  the  sale  of  such  lands  and  shall  be  used 
and  disposed  of  for  the  benefit  of  the  respective  funds  for  which 
said  lands  are  now  set  apart  as  hereinafter  prescribed. 

Sec.  2.  The  State  Land  Board  shall  have  the  control  and  man- 
agement of  the  disposition  and  use  of  said  minerals  and  shall  pro- 
vide such  rules  and  regulations  therefor  as  to  them  may  seem  best 
within  the  provisions  of  this  act. 

Sec.  3.  When  a  prospector  or  miner  shall  discover  upon  any  of 
sand  lands,  any  mine  of  coal,  iron,  tin,  copper,  lead,  silver  or  gold 
he  shall  immediately  stake  the  same  in  its  apparent  extent  not  to 
exceed  in  size  three  hundred  feet  one  way  by  fifteen  hundred  feet 
the  other  way,  the  corners  to  be  marked  by  distinct  stone  land 
marks  and  shall  within  forty  days  thereafter  file  a  description  of 
said  mine,  the  county  in  which  it  is  situated,  the  number  of  survey, 
the  company  or  individual  to  whom  the  same  was  issued,  and  such 
other  description  as  is  practicable  in  the  clerk's  office  of  the  county 
where  the  land  lies,  or  if  an  unorganized  county,  then  in  the 
county  to  which  the  same  is  attached  for  surveying  purposes,  which 
description  shall  be  verified  by  an  affidavit  of  the   Eacl    thai    he   is 


:!1l!  University  of  Texas  Bulletin 

the  discoverer  of  said  mine,  and  that  he  intends  to  fully  prospect 
the  same  and  comply  with  the  law  pertaining  to  the  same  in  good 
faith;  and  shall  be  registered  in  the  record  of  deeds.  He  shall  then 
have  the  privilege  of  selling  the  rights  he  may  have  acquired  in  said 
mine,  provided  that  he  or  his  assigns  shall  within  ninety  days  after 
the  filing  of  such  description  have  said  mine  surveyed  and  shall  file 
a  copy  of  said  survey  together  with  specimens  of  the  ore  taken 
therefrom  with  the  State  Land  Board  at  Austin. 

Sec.  4.  After  the  filing  of  such  survey  and  specimens,  the  dis- 
coverer or  his  assigns  shall  work  said-  mine  for  his  own  benefit  and 
for  the  benefit  of  the  fund  to  which  said  mine  belongs,  said  fund 
to  receive  five  per  centum  of  the  gross  receipts  from  said  mine  to 
be  paid  and  received  in  such  manner  and  under  such  regulations  as 
the  Land  Board  may  prescribe  by  general  rules  applying  alike  to  all 
such  cases — provided  that  the  mines  shall  be  worked  subject  to 
such  rules  and  regulations  as  the  Land  Board  may  prescribe,  and 
which  may  be  from  time  to  time,  changed,  and  they  may  by  regula- 
tion prescribe  such  conditions  of  forfeiture  of  the  rights  hereby 
conferred  as  they  may  think  proper,  and  on  their  violation  declare 
such  forfeiture — provided,  further,  that  any  one  taking  up  a  min- 
ing claim  of  the  dimensions  herein  provided  for  shall  do  at  least 
two  hundred  dollars  worth  of  work  per  annum  on  the  same,  and 
furnish  annual  proof  of  the  same  to  the  Land  Board.  Any  one 
failing  to  comply  with  this  provision  shall  forfeit  his  interest  and 
it  shall  be  subject  to  entry  by.  any  other  person  and  it  shall  re- 
quire no  judicial  forfeiture. 

Sec.  5.  The  filing  and  registration  of  the  description,  herein- 
before provided  to  be  filed  with  the  county  clerk  shall  be  construc- 
tive notice  of  claim.  But  all  persons  who  have  heretofore  dis- 
covered and  worked  mines  on  said  lines  shall  have  a  prior  right 
for  ninety  days  after  the  passage  of  this  act  in  which  to  comply 
with  this  law  as  discoverer. 

Approved,    April    14,    1883. 

H.  B.  394,  Ch.  116,  pp.  127-129;  G.  9,  pp.  433-435 

/ 

An  act  making  an  appropriation  for  the  support  of  the  State  Gov- 
ernment, for  the  years  beginning  March  1,  1883,  and  ending 
February   28,    18  85'. 

STATE  UNIVERSITY 

For  support,  establishment  and  maintenance  of  the 
State  University,  erection  of  buildings  and  purchase 
of  all  the  accessories  necessary,  to  be  under  the  con- 
trol of  the  Board  of  Regents,  all  the  available  Uni- 
versity fund  on  hand  or  accruing,  as  far  as  may  be 


A  Source  Book  of  the  University  of  Texas  313 

necessary,  in  the  judgment  of  the  regents  for  both 
years,  except  such  sums  as  are  herein  otherwise  ap- 
propriated. 
For  surveying  and  designating  one  million  acres  of 
land  for  the  State  University,  and  one  million  acres 
of  land  for  the  permanent  School  fund,  the  land  to 
be  selected  and  surveyed  under  the  direction  of  the 
Commissioner  of  the  General  Land  Office,  the  ex- 
penses to  be  paid  on  his  warrant  upon  the  State 
Treasurer,  one  half  to  be  paid  out  of  the  available 
University  fund,  and  one  half  to  be  paid  out  of  the 
available    School    fund     $5,000.00 

A.   &   M.   COLLEGE 

For   the   support   and    maintenance   of   the   Agricultural    and   Me- 
chanical College,  to  be  expended  as  follows: 

For  the  year   1883,   out  of  the  general   revenue $30,000.00 

For  the  year   1884,   out  of  the   University  fund $10,000.00 

PRAIRIE  VIEW  NORMAL  SCHOOL 

• 
For    support    of    Prairie    View    Normal    School    for    the 

years  ending  August  31,  1884,  and  August  31,  1885 
inclusive  of  the  amount  appropriated  by  act  of  April  19, 
187  9,  entitled  "An  Act  to  provide  for  the  organization 
and  support  of  a  normal  school  at  Prairie  View  (for- 
merly called  Alta  Vista)  in  Waller  county  for  the 
preparation  of  colored  teachers $7,500.00      $7,500.00 

PAYMENT   OF   PUBLIC   DEBT 
II.     Matured  Bonds 

For  principal  on  five  per  cent  State  bonds  belonging  to 
the  University   fund,   issued  in   1866   for  money   bor- 

'   rowed  from  University  fund,   now   matured   and   due.  $134,472.26 

Interest  due  and  unpaid  on  said  bonds,  belonging  to 
the  University  fund  as  follows:  Interest  before 
adoption  of  Constitution  of  1876,  belonging  to  the 
permanent   University    fund $62,473.58 

Interest  from  1876  to  1883,  belonging  to  available  Uni- 
versity fund  ($45,104.57)  to  be  paid  out  of  that  half 
of  the  proceeds  of  the  sale  of  the  public  lands  not  be- 
longing to   the  common  School   fund,   as   provided  by 

Act    of    February    23,    18S3 45,104.57 

Approved,    April    23,    1883. 


:{14  University  <>)'  Texas  Bulletin 

EIGHTEENTH   LEGISLATURE,    CALLED   SESSION,    JAN- 
UARY 8  TO  FEBUARY  6,  1884 

MESSAGE    OF    GOVERNOR    JOHN    IRELAND 
January  8,  1884;  H.  J.,  p.  3-«-7;   S.  J.,  p.  3-7 

The  following   proclamation   of   Governor   Ireland   was   then   read 
by  the  Secretary: 


13th.  To  amend  the  law  passed  at  the  regular  session  of  the 
Eighteenth  Legislature,  approved  April  12,  1883,  entitled  "An  act 
to  provide  for  the  classification,  sale  and  lease  of  the  lands  here- 
tofore or  hereafter  surveyed  and  set  apart  for  the  benefit  of  the 
Common  School,  University,  Lunatic,  Blind,  Deaf  and  Dumb,  and 
Orphan  Asylums  funds 

INVESTMENT  OF  THE  SCHOOL  FUNDS 


The  United  States  and  State  bonds  owned  by  the  school  fund 
might  be  transferred  to  the  university  fund  at  better  rates  than 
could  be  obtained  from  the  market,  and  result  in  advantage  to 
both  funds;  as  the  school  fund  could  be  easily  reinvested  in  the 
county  bonds  at  a  better  interest  than  it  is  drawing  at  present, 
while  the  university  fund  can  only  be  invested  in  State  and  Fed- 
eral bonds,  for  which  a  high  premium  must  be  paid  in  the  market. 


PROCEEDINGS    IN    THE    LEGISLATURE 

H.  B.   50 — By  Mr.  Hurst. 

To   punish   unlawful   enclosing   of  land. 

Became  a  law  as  S.  H.  B.  50  and  84.     H.  J.  pp.  187,  194.     S.  J.  p. 
133. 
H.    B.    52 — By   Mr.    Wurzbach. 

To    regulate    the    investment    of    the    funds    of    the     free     public, 
schools,   University,   and   asylums. 

H.  J.  p.  187.     Unfavorably  reported,  minority  reporting  favorably 
with   amendments. 
H.  B.  80 — By  Mr.  Moore  of  McLennan. 

To   amend   article    1140    of   Revised    Statutes 

Became  a  law  as  S.  H.  B.  50  and  80.     H.  J.  pp.  187,  194.     S.  J.  p. 
133. 
H.  B.  87 — By  Mr.  Chambers. 

To   authorize   the   Board   of   Education   to   invest   the  University, 
asylum  and  escheated  estate?  funds.- 


A  Source  Book  of  the  University  of  Texas  815 

Favorable  report — died  on  calendar.      H.  J.  p.   187. 
S.   B.   6 — By  Mr.  Shannon. 

To    provide    for    the    investment    of    the    permanent    public    free 
school  and  University  funds. 
Referred  to  Committee.     S.  J.  p.  129. 
S.   B.    27 — By  Mr.   Harris. 

To  prevent  the  fencing  of  public  lands. 

Became  a  law  as  S.  H.  B.   50  and  84.     S.  J.  p.   130. 
S.  B.   39 — By  Mr.   Gibbs. 

To  prescribe  the  penalty  for  wilfully  and  knowingly  fencing  any 
land   belonging  to  the  State  or   any   of  its   special  funds. 

Replaced   by  S.   B.    27.      S.   J.,   p.   130. 
S.   B^    4  9. — By  Mr.   Traylor. 

To  authorize  the  Commissioner  of  the  General  Land  Office,  with 
the  approval  of  the  Attorney  General,  to  compromise  with  pur- 
chasers of  the  public  lands  under  the  Acts  of  1879  and  1881, 
whose  purchases  are  believed  to  be  either  irregular  or  void. 

Favorably    reported,    with    one   amendment.      S.    J.,    p.    130. 
S.    B.    52 — By   Mr.    Matlock. 

To  provide  for  the  classification,  sale  and  lease  of  land  set  apart 
for   the   common   school,    University,   etc.,    funds. 

Favorably  reported.     S.   J.,  p.    130. 
S.  B.   73 — By  Mr.  Peacock. 

To  transfer  bonds  from  the  common  school  to  the  University 
fund. 

Refused   engrossment.      S.   J.,   p.    131. 

February  1,  1884..    S.  J.  p.  91 

Senator  Gooch  presented  a  memorial  from  W.  M.  Davis  of  Van 
Zandt  urging  the  organization  of  the  Medical  Branch. 

GENERAL  LAWS 

S.  H.  B.  No.  50  and  84;  Ch.  33,  pp.  68-70.     G.  9,  pp.  600-602 

An  act  to  prohibit  the  unlawful  fencing  or  enclosing,  or  keeping 
enclosed,  of  the  lands  of  another,  and  of  the  public  school,  pub- 
lic, university  and  asylum  lands  of  the  State  of  Texas,  and  to 
prevent  the  herding,  or  loose  herding  or  detention  of  stock  upon 
the  lands  of  the  state,,  the  public  schools,  university  and  asy- 
lums, and  to  provide  penalties  for  the  violation  of  this  Act 

[No  case  of  a  violation  of  this  law  affecting  University  lands  seems  to 
have  come  into  court,  and  the  text  of  the  law  is  therefore  omitted.] 


316  University  of  Texas  Bulletin 

NINETEENTH  LEGISLATURE,  REGULAR  SESSION,  JAN- 
UARY 13  TO  MARCH  31,  1885 

MESSAGE   OP  GOVERNOR  JOHN   IRELAND 

January  15,   1885;    H.   J.,   p.    12;    S.  J.,   p.   9 

THE  UNIVERSITY 

This  institution  has  been  in  operation  nearly  two  years,  and  the 
present  Executive  has  left  its  management  entirely  with  the  Board 
of  Regents.  In  the  appointment  of  new  members  of  the  board,  he 
has  been  controlled  by: 

1.  A  desire  to  conform  to  the  law,  which  required  the  Regents 
to  be  taken  from  different  parts  of  the  State. 

2.  A  desire  to  have  the  board  non-partisan,  if  possible;    and 

3.  Fitness   for   the   position. 

And   these  considerations  in   the  inverse   order  here  named. 

Section  6  of  the  act  of  1881 — the  tenure  of  office  of  the  Re- 
gents— extends  one  class  to  eight  years.  By  reference  to  section 
30,  article  16  of  the  Constitution,  it  will  be  seen  that  the  tenure 
of  all  officers  whose  terms  are  not  fixed  by  the  Constitution  can- 
not be  extended  beyond  two  years,  and  I  therefore  suggest  an 
amendment  to  the  law,  so  that  it  may  conform  to  the  Constitu- 
tion. 

I  call  your  attention  to  the  nature  of  the  appropriation  of  the 
available  fund  under  which  the  University  has  been  carried  on. 
It  seems  indefinite,  and  is  found  in  section  18  of  the  act  of  18  81, 
page  81.  It  appears  to  be  in  direct  violation  of  section  6,  article 
8  of  the  Constitution,  which  declares  that  no  appropriation  shall 
extend  beyond  two  years.  I  recommend  a  revision  of  the  law,  that 
it   may  conform  to   the   Constitution. 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.    B.    7 — By  Mr.   Browning. 

To  regulate  the  payment  of  interest  under  the  land  laws  of  1883. 

Defeated  in  House.     H.  J.,  p.  462. 
H.   B.    8 — By  Mr.   Browning. 

To   sell   the   public   lands. 

Substituted.     Became  S.  B.  150.     H.  J.    p.  462;  S.  J.  p.  325. 
H.   B   34 — By  Mr.  Jones  of  Gonzales. 

To    provide   for   the   management   of   the   public   lands. 

Substituted.     Became  S.  B.  150.     H.  J.  p.  462;  S.  J.  p.  325. 
H.  B.   70— By  Mr.  Scott. 

To  sell  the  public  lands. 


A  Source  Book  of  the  University  of  Texas  317 

Substituted.     Became  S.  B.  150.     H.  J.,  p.  462.     S.  J.,  p.  325. 
H.  B.  302 — By  Mr.  McKinney  of  Walker. 

To  authorize  the  Secretary  of  State  to  deliver  certain  copies  of 
reports  to  the  University. 

Favorable   report.      Died   in    calendar.      H.    J.,    p.    465. 
H.    B.    313 — By    Mr.    McKinney    of    Walker. 

To  legalize  the  donation  of  property  to  establish  professorships 
or  scholarships  in  the  University  and  to  secure  the  objects  of  the 
donors. 

Favorable  report — died  on  calendar.     H.  J.,  p.  465. 
H.    B.    370 — By   Mr.    Upton. 

General   Appropriation   bill. 

Became  a  law.     H.  J.  p.  466;  S.  J.  p.  326. 
H.  B.   402 — By  Mr.  Moore  of  Travis. 

To  allow  graduates  of  the  Department  of  Law  to  practice  in  all 
the  courts  of  the  State. 

Favorably   reported.      H.    J.,   p.    466. 
H.  B.  5  60 — By  Mr.  Tate. 

To   regulate  the  sale  of  the  timbered  public  lands. 

Engrossed.      H.   J.,   p.    468.      S.   J.,   p.    328. 
H.   B.    586 — By   Mr.   Blount. 

To  protect  purchasers  of  school  and  other  public  lands  (includ- 
ing University). 

Became  a  law.     H.  J.  p.  468;  S.  J.  p.  328. 
S.  B.   7 — By  Mr.  Houston  of  Wheeler. 

To  provide  for  sale  of  all  public  lands  set  apart  for  various  State 
funds    (including   University). 

Superseded    by    S.    B.    195.      S.    J.,    p.    316. 
S.   B.    64 — By   Mr.    Kleberg. 

To  provide  for  the  management  and  control  by  the  Regents  of 
lands  set  aside  for  the  University  of  Texas. 

Passed  Senate.     H.  J.,  p.  502.     S.  J.,  p.  317. 
S.   B.    150 — By   Mr.    Houston  of   Bexar. 

To  amend  the  act  relating  to  the  sale  and  lease  of  public  lands 
(including  University) 

Became  a   law.      H.   J.,   p.   501.      S.   J.,   p.   320. 
S.  B.    184 — By  Mr.  Davis. 

To  donate  all  the  public  domain  in  State  of  Texas  to  the  public 
free  school  fund. 

Bill   lost.      S.   J.,    p.    321. 
S.   B.    192 — By   Mr.    Pfeuffer. 

To  perfect  the  University  of  Texas.  > 

Read  first  time.  S.  J.  pp.  303-308;  S.  J.  p.  321;  Lane,  pp.  14-18. 
S.  B.   195 — By  Mr.  Peacock. 


318  University  of  Texas  Bulletin 

To  provide  for  the  classification,  sale  and  lease  of  lands  belong- 
ing to  the  public  funds  (including  University.) 

Superseded  by  House  Bills,  which  were  vetoed. 

Became  a  law.      S.   J.,   p.   321.     Not   in   H.   J.   Index. 
S.  B.  229 — By  Mr.  Randolph. 

To  provide  for  the  classification,  sale  and  lease  of  lands  be- 
longing to  public  funds — including  University. 

Unfavorable  report.      S.   J.,   p.    322. 
S.  B.  230 — By  Mr.  Shannon. 

To  protect  the  rights  of  purchasers  of  public  lands  including 
University. 

Became  a  law.     H.  J.  p.  502;  S.  J.  p.  322. 

January  30,   1885;   S.  J.  p.  29 

The  following  resolution  was  offered  by  Senator  Pfeuffer,  and 
was  adopted: 

Resolved,  That  the  Committee  on  Education  be  and  the  same 
is  hereby  requested  to  make  a  full  inspection  into  the  condition, 
affairs  and  wants  of  the  State  University,  with  authority  to  send 
for  persons  and  papers,  and  report  as  soon  as  practicable  by  bill 
or  otherwise. 

February  10,   1885;   S.  J.  p.  100 

Senator  Pope  introduced  a  memorial  from  the  Board  of  Regents; 
referred  and  ordered  printed. 

[February  20,  1885:  Index  to  Legislature  Fourteenth  to  Nineteenth,  office 
of  Secretary  of  State.  Box  92.  Not  in  Journals.  Petition  of  purchasers 
under  act  of  August  1867  to  have  titles  to  University  lands  validated.] 

March   31,    1885;    S.   J.,   pp.   303-308 

Senator  Pfeuffer  rose  to  a  question  of  privilege,  and  addressed 
the   Senate  as  follows: 

The  Senate  knows  to  what  I  have  been  subjected  in  the  public 
Print I  desire  to  be  heard  to  respond  to  a  mis- 
chievous, selfish,  and  venal  press  that  has  persistently  misrepre- 
sented me,  and  held  me  up  for  ridicule  in  every  form  that  could 
either  wound  the  feelings  of  its  subject  or  prejudice  the  sentiment 
or  opinions  of  the  citizens  of  his  State  that  he  has  faithfully  lab- 
ored to  serve.  I  will  not  say  that  the  whole  press  has  been  thus 
ungenerous,  nor.  is  it  against  the  whole  that  I  defend. 

I  claim  the  right  in  these  last  hours  of  this  session,  when  it 
may  no  longer  be  urged  that  I  am  in  debate  by  an  insiduous  move 


A  Source  Book  of  the  University  of  Texas  319 

on  questions  for  legislation,  to  reply  to  charges  that,  as  stated, 
have  been  made  in  a  thousand  forms — misrepresentations  that 
each   day  assume  new  phases. 

I  was  made  chairman  of  the  committee  of  education  at  this 
session  of  the  legislature.  For  some  years  past  I  have  been  one 
of  the  directors  of  the  A.  and  M.  College,  located  at  Bryan.  I  have 
felt  a  profound  interest  in  the  success  of  that  institution.  This 
Legislature  had  scarcely  met  when  we  heard  words  of  ridicule  ad- 
dressed against  the  A.  and  M.  College,  and  derisive  sneers  at  its 
efforts,  and  suggestions  that  it  be  abandoned  as  an  educational  in- 
stitution and  be  converted  into  an  asylum.  These  enemies  of  the 
A.  and  M.  College  thought  that  it  was  inimical  to  the  State  Uni- 
versity at  Austin.  The  A.  and  M.  College  had  friends.  There 
were  those  amongst  us  who  believed  it  was  an  institution  that 
should  receive  the  first  care  of  the  State.  We  may  have  been  of 
opinion  that  the  class  of  our  youth  that  the  A.  and  M.  College  pro- 
posed to  cultivate  was  as  important  to  the  State,  and  would,  when 
leaving  that  institution,  be  worth  as  much  for  her  prosperity  as 
urbane  scholars  versed  in  the  languages  of  Greece  and  Rome,  or 
proficient  in  the  soft  tongues  of  Spain  and  Italy,  the  brilliant  lang- 
uage of  France,  or  the  stately  manliness  of  the  language  of  my 
fatherland. 

There  were  some  who  thought  that  the  schools  where  the  farm- 
er's sons  were  taught  the  nature  of  soils,  the  chemistry  of  crops, 
were  as  important  as  the  schools  in  which  metaphysical  jargon 
is  heard  in  wrangling  from  morning  to  night.  There  were  some 
who  thought  that  sound  instruction  in  the  history  of  domestic  ani- 
mals, a  knowledge  in  the  capacities  of  their  different  breeds,  their 
adaptability  to  our  climate,  their  diseases  and  remedies  and  best 
modes  of  rearing,  their  anatomical  structure,  and  everything  nec- 
essary for.  their  successful  management,  was  as  useful  as  the  pleas- 
ing science  of  entomology  that  may  expand  itself  in  volumes  on 
the  anatomy  of  the  carrion  beetle,  or  tremendous  discussions  un- 
folding the  purpose  the  house  fly  or  the  swamp  gallinipper  serve 
as  assistants  in  hygiene  in  our  kitchens  and  around  our  poisonous 
lagoons. 

There  were  some  of  us  who  had  these  thoughts  relating  to  the 
relative  utility  of  the  two  classes  of  what  is  termed  higher  edu- 
cation, the  one  looking  to  grain  producers  on  our  farms  and  ranches, 
the  other  as  supplying  material  from  which  the  bench  and  the 
bar,  the  pulpit,  the  medical  corps,  are  recruited,  and  from  which, 
also,  come  the  vast  herd  of  idlers  that  is  too  highly  cultivated  to 
work  in  manual  labor,  and  too  worthless  to  follow  out  in  any  line  for 


320  University  of  Texas  Build  in 

which  their  education  may  fit  them  to  be  useful  as  members  of 
society. 

We  think  we  may  be  pardoned  for  holding  in  importance  the 
Bcience  which  teaches  our  youth  to  look  to  the  earth  and  inspect 
its  soils,  and  discern  the  hidden  powers  of  nature  that,  when  ap- 
plied, will  make  teeming  crops  and  an  abundant  yield.  We  may 
be  pardoned  if  we  think  this  science  equal  in  dignity  and  equally 
useful  with  the  science  that  would  consult  the  stars  and  the  plan- 
ets, and  endeavor  to  determine  their  occult  influences — influences 
which,  if  discovered,  could  never  be  controlled.  It  may  be  discov- 
ered that  spots  on  the  sun  control  vegetation,  and  the  phases  of 
the  moon  regulate  the  tides  and  the  weather;  but  it  is  beyond  the 
powers  of  man  to  regulate  these  awful  influences.  Metaphysical 
wranglers  may  worry  their  minds  over  innate  ideas,  questions  of 
time  and  space,  or  even  the  calculation  of  the  number  of  angels 
that  might  dance  upon  a  needle  point.  The  practical  knowledge 
of  one's  own  self,  as  each  man  may  discover,  and  an  analysis  of, 
and  knowledge  as  it  grows  with  us,  and  a  knowledge  of  things  that 
are  actual  around  us,  are  as  worthy  of  thought  as  these  questions 
of  the  schoolman.  It  is  as  important  and  dignified  to  know  how 
to  stretch  and  preserve  the  skins  of  cattle  slaughtered  with  the 
knife,  and  save  their  meat  for  food,  and  pack  it  in  barrels  with 
salt,  as  to  be  able  to  kill  the  ephemeral  butterfly  with  chloroform 
and  preserve  it  with  arsenic,  packed  away  in  a  show  case,  with  a 
Greek  name  in  polysyllables  pinned  on  its  back,  doing  the  honors 
of  an  epitaph  and  biography,  offered  as  an  atonement  for  its  poor 
little  life,  that"  was  taken  for  science's  sake  by  some  murderous 
crazy   bug   hunter. 

There  were  those  who  thought  the  studies  of  the  proper  appli- 
cation of  the  pulley,  the  lever,  the  wedge  and  wheel  and  axle,  to 
aid  the  powers  of  man's  feeble  muscles,  and  the  principles  of  ma- 
chines that  assist  to  make  work  easy  and  redeem  men,  women 
and  children  from  a  life  of  toil,  were  quite  as  important  and  digni- 
fied as  the  study  of  the  mechanics  of  the  solar  system,  or  as  the 
dreams  of  the  fanciers,  who  imagine  in  their  reveries  that  they 
hear  the  music  of  spheres.  There  are  even  those  wrho  thought 
that  the  culture  and  development  of  an  actual,  real  first-class 
taurus,  a  regular  bull,  that  could  paw  the  earth  and  bellow  with  no 
uncertain  sound  and  whose  prowess  could  be  seen  and  whose  future 
progeny  could  be  contemplated  with  pride,  was  a  study  as  dig- 
nified, as  refined,  and  perhaps  as  useful,  as  the  study  of  the  prow- 
ess of  the  Centaur,  the  ferociousness  of  the  three  headed  dog 
Ceberus,  the  hideousness  of  the  Lernean  Hydra,  or  Jupiter,  in  the 
form  of  a  bull,  when  he  eloped  with  Europa,  or  the  white  bull 
that   was    loved   by    the    unchaste    Pasiphae,    or    Minotaurus,    their 


A  Source  Book  of  the  University  of  Texas  321 

dreadful  offspring.  The  one  who  has  been  so  greatly  decried  as 
the  hero  of  the  Agricultural  and  Mechanical  College  farm  is  the 
actual  bull  for  the  farm  for  actual  use.  He  is  in  every  sense  of  the 
term  fit  socially  to  move  in  the  society  to  which  he  belongs.  The 
others  as  the  monsters  and  bulls  of  classic  readings  for  the  dreamers 
in  mythology,  and  serve  for  raising  ideas  and  images  that  are  horri- 
ble and  unchaste  beyond  description.  But  enough  of  these  compari- 
sons. In  practical  life  and  practical  work  there  are  no  useless,  sense- 
less humbugs.  In  the  pastimes  of  science,  literature  and  art,  there 
are  thousands  of  things  that  the  world  were  better  had  they  never 
been,   but  being,  if  they   were  forgotten. 

But,  in  thus  contrasting  much  that  is  embraced  in  polite  learning 
with  the  useful  and  practical  knowledge  needed  in  every  day  life, 
let  it  not  be  understood  that  those,  who  gave  dignity  and  import- 
ance to  that  which  is  useful  to  the  masses,  decried  or  tried  to  lower 
the  proper  dignity  of  higher  education  in  literature,  science  and 
arts.  While  there  is  much  of  chaff  in  the  ordinary  so-called  higher 
education,  its  aims,  objects  and  effects  on  society  in  its  enjoy- 
ments, its  government,  its  strength  and  prosperity  are  all  im- 
portant. The  mistake  that  has  been  made  is  by  the  zealous  friends 
of  higher  education  that  treats  of  the  polite  branches.  They  have 
lost  track  of  the  usefulness  of  the  branches  that  should  be  taught 
to  the  masses  in  agriculture  and  mechanics,  and  in  kindred  pur- 
suits. 

Because  there  were  those  who  would  not  ignore  the  necessity 
that  the  State  should  endow  with  lavish  hands  the  institute  that 
looked  to  the  enlightment  of  the  masses  in  their  ordinary  pursuits, 
they  were  pronounced  enemies  of  highr  education — enemies  of  the 
great  State  University!  Never  was  a  more  unjust  charge  uttered; 
never  was  there  a  party  more  grossly  misrepresented.  The  impor- 
tance and  dignity  of  both  classes  of  education  were  fully  appreciated. 
It  was  to  distribute  the  revenues  provided  for  education  to  all 
these  subjects,  and  to  foster  all  the  institutions  that,  were  to  make 
out  people  more  enlightened,  prosperous  and  happy,  that  influenced 
the  introduction  of  measures  in  regard  to  the  University  and 
common  school  establishments  that  my  name  has  been  coupled 
with,  much  said  to  my  detriment,  and  unjustly,  as  misunderstand- 
ing my  sentiments  and  misrepresenting  both  my  opinions  ami  the 
measures  proposed  by  me  for  legislation. 

Since  the  effect  of  the  measures  introduced  by  myself  have  been 
so  loudly  commented  upon,  and  their  substance  lias  been  so  scan- 
dalously misrepresented,  and  I  have  been  denounced  and  ridiculed 
as  an  enemy  of  the  University  and  education,  1  deem  it  but  justice 
to  myself  and  those  who  have  stood  with  me,  to  briefly  set  forth 
the   leading   points   in  the   bill   proposed.      It    is   to    repel    unjust    at- 

21 — 227 


322  University  of  Texas  Bulletin 

tacks  that  persistently  were  persevered  in,  seeking  to  destroy  my 
influence  for  the  present  and  damage  me  in  the  future,  that  I 
speak. 

There  is  something  which  every  man  in  public  life  has  pride 
for;  a  pride  which  equals  the  pride  of  the  success  of  his  efforts, 
and  that  is,  that  his  intentions,  principles  and  motives  be  properly 
stated,  so  that  the  whole  public  may  judge  him  fairly  in  his  offi- 
cial career.  Had  this  been  done,  I  would  not  be  on  this  floor 
claiming  the  privilege  of  explanation.  What  I  proposed  as  law, 
and  framed  in  two  bills,  with  the  State  University  and  common 
schools  as  the  subject,  has  neither  been  correctly  stated  nor  fairly 
represented  as  to  matter,  purpose  or  method;  nor  have  my  own 
particular  opinions,  views,  or  policies  as  to  universities  or  common 
schools  been  fairly  stated.  Measures  that  led  simply  to  chang-es 
have  been  branded  as  measures  to  destroy;  principles  that  were 
intended  to  perfect  have  been  denounced  as  the  theory  of  vandal- 
ism that  was  to  ruin. 

It  is  to  defend  myself  on  these  questions  affecting  my  standing 
before  the  people  who  may  not  have  kept  pace  with  legislation, 
that  I  speak  and  give  reasons  for  the  faith  that  is  in  me. 
'  Let  us  examine  these  so-called  extraordinary  measures,  and  first, 
of  the  University.  The  bill  introduced  by  me  in  the  Senate  had 
for  its  caption:  "An  act  to  perfect  the  University  of  Texas,  and 
provide  for  its  government  and  management,"  and  repealing  the 
present   law. 

Scarcely  was  this  bill  introduced,  before  it  was  charged  that  it 
should  be  fitly  captioned,  "a  bill  to  destroy,"  and  it  was  charged 
that  such  was  the  deliberate  design  in  framing  the  measures  pro- 
posed. My  aim  was  to  perfect..  I  have  profound  respect  for  all 
things  old.  Venerable  men,  ancient  laws,  old  governments,  long 
tried  institutions,  antiquated  castles  and  towers  standing  on  firm 
foundations,  or  even  in  ruins,  command  my  respect  and  veneration, 
and  it  would  be  with  almost  fear  that  I  would  change  them,  much 
less  with  the  ruthless  hand,  destroy  them  by  legislation.  I  had 
not  thought  that  I  was  advocating  a  change  of  anything  so  ven- 
erable and  respected  by  the  people  as  an  institution,  that  I  should 
be  subjected  to  jeers,  taunts  and  almost  insults,  as  a  vandal.  Had 
I  been  a  reformer  against  a  well  organized  priesthood,  that  had 
arrayed  in  its  ranks  all  the  learning  and  talent  of  a  well  disciplined 
clergy,  or  with  cowl  and  gown  and  unshorn  beard,  gone  into  the 
midst  of  perfumed  Sybarites,  with  cry  of  reform  and  correction. 
I  could  not  have  been  met  with  more  persistent  repulses.  It  is 
charged  that  I  was  on  mission  to  destroy  the  University.  It 
is  a  new  institution.  Neither  by  a  long  experience  with  its  man- 
agement,   wisdom    displayed    in    their    counsels    or    wisdom    in    the 


A  Source  Book  of  tJu   University  of  Texas 

first  organization,  did  the  University,  as  we  found  it,  possess  the 
characteristics  to  entitle  it  to  respect  as  an  institution  that  could 
not  be  improved.  It  was  in  its  baby  days,  and  was  as  unformed  and 
immature  as  a  suckling.  Perhaps,  unfortunately,  I  had  not  at- 
tached that  dignity  to  the  existing  organization  of  the  new  insti- 
tution that  those  engaged  in  its  formation  had  thought  court 
Had  it  been  an  institution  that  had  passed  its  infancy  and  had 
flourished  through  a  course  of  years,  and  whose  management  had 
been  well  matured,  it  would  have  been  with  timid  voice  and  timid 
pen  that  I  would  have  suggested,  much  less  urged,  that  its  estab- 
lished forms  be  disturbed.  But  what  did  we  find  in  connection  with 
this  institution?  The  law  hastily  framed  for  its  conduct  and  gov- 
ernment, a  rapid  action  on  the  part  of  the  powers  who  ruled  it  to  se- 
cure something  in  stone  and  mortar  as  a  nucleus  to  fix  the  institu- 
tion in  its  present  locality  as  a  thing  established  and  permanent. 
New  institutions,  as  well  as  old  ones,  are  entitled  to  respect.  Old 
that  have  stood  the  test  of  time  and  which  have  been  from  year 
to  year  and  century  to  century  perfected,  should  be  disturbed  with 
care.  New  institutions,  whose  existing  organization  has  not  been 
tried,  but  which  theoretically  seemed  good,  should  be  allowed  to, 
at   least,    have   chance    for   experiment. 

The  University,  as  we  find  it,  with  the  law  that  was  first  framed 
hastily  formed,  was  in  the  nature  of  an  experiment.  On  examina- 
tion of  the  law  entitled,  "An  act  to  establish  the  University  of 
Texas,"  approved  March  30,  1881,  we  find  the  greater  part  of  it 
consists  of  provisions  for  preliminary  work,  for  voting  for  the 
locating,  time  of '  election  and  manner  of  making  the  returns 
thereof.  It  is  not  until  we  read  section  5  of  the  act  that  we  enter 
on  the  law  proper,  framed  for  the  government  of  the  institution. 
It  is  at  this  point  I  propose  to  begin,  and  point  out  the  few  fea- 
tures in  the  old  law,  and  the  changes  I  introduced  in  the  bill  for 
perfecting  the  old  law. 

The  system  laid  down  in  the  bill  which  I  introduced,  as  differing 
from  the  old   law,   related  to  the  following  points: 

1.  The  authority  that  by  law  should  govern  the  University 
should  be  vested  in  a  '"University  Board,"  consisting  of  the  State 
Board  of  Education,  the  Superintendent  of  Public  Instruction,  and 
the  chancellor,  to  be  chosen  by  the  Governor,  with  the  consent 
of  the  Senate. 

Under  the  old  law  the  government  is  in  the  hands  of  a  board 
of  eight  regents,  who  hold  office  for  eight  years,  so  organized  that 
at  the  end  of  each  two  years  the  term  of  two  regents  expires,  and 
successors    are    appointed    by    the    Governor. 

2.  Professors  of  Law  and  Medical  departments  to  be  paid  only 
from  funds  arising  from   the   tuition   fees  received   from   student! 


324  University  of  Texas  Bulletin 

studying    those   branches,    and    that    students    in    these    departments 
be    charged    ordinary    and    usual    fees    for    tuition. 

The  old  law  makes  no  discrimination  in  this  class  of  students, 
and  admits  them  without  charge  for  tuition. 

3.  Salaries  of  professors  are  fixed  for  the  present  with  the 
maximum  at  $2,200;  salaries  subject  to  change  according  as  the 
Legislature  may  deem  proper  by  legislation,  and  the  number  of 
professors  fixed  and  limited,  but  to  change  from  time  to  time  as  to 
numbers,  to  meet  the  necessities  of  the  University. 

The  old  law  leaves  the  matter  of  the  employment  of  professors, 
their  number  and  salaries,  to  the  Board  of  Regents  of  the  University, 
without  limitation. 

4.  The  course  of  study  for  the  University  shall  be  that  of  a 
first-class  institution,  and  students  shall  be  admitted  only  when 
they  may  be  able  to  pass  a  satisfactory  examination  in  the  highest 
branches    of    high    schools. 

The  old  law  makes  no  provision  on  this  point,  but  leaves  the 
Board  of  Regents  the  power  to  establish  the  degree  of  advance- 
ment the  student  must  attain  to  entitle  him  or  her  to  admission;  it 
may  be  primary,  or  grammar,  or  high  school  proficiency;  at  the 
will  of  the  regents. 

5.  Provision  is  made  for  establshing  one  University  prepara- 
tory school  in  each  congressional  district,  under  control  of  an-  aux- 
iliary professor,  to  be  appointed  by  the  University  Board — such 
professor  to  be  paid  a  salary  of  $1,500  per  annum,  which  schools 
shall  be  organized  as  high  schols,  in  harmony  with  the  University 
course,  and  serve  as  feeders  to  the  institution.  The  University 
Board  to  select  a  place  for  these  schools,  and  the  same  to  be  one 
of  the  local  establishments  at  the  point  selected.  No  payment  to 
be  made  of  salaries  of  auxiliary  professors  unless  the  same  can  be 
done  without  in  anywise  interfering  with  the  successful  support 
and  maintenance  of  the  main  University.  These  auxiliary  estab- 
lishments to  serve  temporarily  as  institutions  to  fit  students  for  the 
main  University,  and  to  be  continued  under  the  discretion  of  the 
University  Board. 

This  is  an  entire  new  feature  in  the  law. 

6.  The  University  Board  shall  present  to  the  Legislature  an 
itemized  report  of  all  receipts  and  disbursements;  also  itemized 
estimate  for  all  disbursements  required  for  each  year,  and  itemized 
appropriations   shall   be   made   therefor   by   the   Legislature. 

The  old  law  made  appropriations  in  bulk,  and  the  Board  of  Re- 
gents could  expend  it  for  any  items  they  deemed  proper,  in  their 
discretion;   and  no  legal  complaint  could  be  raised  of  their  author- 


A  Source  Book  of  the  University  of  Texas  325 

ity    on    the    ground    of    extravagance,    all    expenditures    being    left 
■olely  to  their  discretion. 

7.  No  money  shall  be  drawn  from  the  State  Treasury  from  the 
University  fund  on  requisition;  but  all  accounts  shall  be  separately 
paid  by  warrant  on  the  State  Treasurer,  and  the  account  therefor 
filed  with  the  Comptroller,  duly  certified  to  and  approved,  before 
the  warrant  should  issue. 

Under  the  old  law,  or  practice,  at  least  by  custom,  whether  legal 
or  otherwise,  thousands  of  dollars  were  drawn  from  the  State 
treasury  at  one  time  on  requisition,  and  held  by  the  University 
authorities  or  in  bank,  and  accounts  and  claims  paid  as  the  same 
might  fall  due.  Moneys  were  drawn  from  the  Treasury  from  the 
University  fund  for  services  and  supplies  furnished  before  services 
were  performed  or  articles  received,  and  afterwards  from  time  to 
time  vouchers  and  accounts  were  placed  in  the  Comptroller's  office 
accounting   for   these  funds. 

8.  The  Legislature  shall  make  appropriation  from  time  to  time 
from  the  University  fund,  for  the  support  not  only  of  the  main 
University  at  Austin,  but  also  for  the  A.  and  M.  College,  so  as  to 
make  that  institution  efficient  to  carry  out  the  designs  of  its  estab- 
lishment. 

Under  the  old  law,  the  discretion  was  left  with  the  Board  of 
Regents  to  expend  the  moneys  as  they  deemed  proper,  and  practi- 
cally that  discretion  was  used  to  expend  the  whole  available  fund 
on  the   main  University   at  Austin. 

I  have  briefly  given  in  this  analysis  every  leading  feature  of  the 
bill  proposed  by  me  "to  perfect  the  University,"  and  a  brief  state- 
ment of  the  old  law  with  which  the  changes  come  in  contact.  Tho 
remainder  of  the  machinery  of  the  two  laws  is  unimportant  as  to 
variance.  Mere  details  for  carrying  out  the  plans  laid  down 
in  the  bill,  and  to  make  definite  and  positive  rule  of  action,  con- 
elude  the  bill. 

I  ask  a  deliberate  consideration  of  the  points  referred  to,  and  if 
there  be  any  other  passages  that  the  critic  might  object  to,  or  that 
are  material  variances  from  the  old  law,  I  am  unable  to  find  them. 

It  is  for  the  introduction  of  these  proposed  changes  that  I  have 
been   assailed.      These,   and   these   only,    are   the   monstrosities. 

It  is  for  the  promulgation  of  these  principles  that  I  am  charged 
with  being  the  author  of  the  bill  to  destroy  the  University,  and  an 
enemy  to  the  institution,  and  no  friend  of  what  is  called  high  edu- 
cation. 

I  will  leave  it  for  the  fair  and  considerate  to  determine  how  far 
the  charges  have  been  unjust,  but  not  without  briefly  presenting 
the  reasons  that  urge  me  to  suggest  the  changes  that  are  set  forth 
in  my  analysis  of  the  bill.     The  propriety  of  several  of  these  changes 


326  University  of  Texas  Bulletin 

is  self-evident,  and  needs  no  argument.  I  submit  the  propositions 
with  reference  to  appropriations  and  the  manner  of  drawing  funds 
from  the  treasury,  as  well  as  the  requirements  for  assistance  for 
the  A.  and  M.  College,  without  argument  other  than  presented 
heretofore. 

Let  us  examine  the  other  points  upon  which  the  changes  are 
suggested    in   the  bill   I    presented: 

1.      The  governmental  authority  of  the  University. 

The  old  law  vesting  the  government  in  a  Board  of  Regents,  each 
of  whom  hold  office  for  eight  years,  is  unconstitutional.  It  is  the 
unconstitutionality  of  the  law  that  makes  it  mainly  objectionable. 
The  Constitution  provides,  in  section  30  of  miscellaneous  provis- 
ions, that  "tbe  duration  of  all  offices  not  otherwise  fixed  by  this 
Constitution  shall  never  exceed  two  years."  The  regents  of  the 
University  are  creatures  of  law,  and  the  term  is  not  fixed  by  the 
Constitution,  nor  is  it  privileged  thereby  to  extend  beyond  two 
years.  The  question  is,  Are  the  regents  of  the  University  officers 
as  understood  by  the  words  of  the  Constitution?  I  assume  that 
their  standing  is  fixed  by  their  powers,  functions,  responsibilities, 
duties  and  manner  of  their  creation.  The  regents  have  charge  in 
administering  an  institution  of  learning.  They  appoint  professors 
and  officers,  make  contracts  binding  on  the  State,  expend  public 
money,  have  power  of  removal  of  appointees  under  them  in  the 
service  of  the  State,  have  a  term  of  service  fixed  by  the  law, 
have  successors,  and  receive  pay  for  the  services  which  they 
perform.  If  we  can  find  one  single  qualification  required  as 
essential  to  constitute  an  officer  of  the  State  that  is  not  possessed 
by  a  Regent,  we  will  be  glad  to  have  it  presented.  Take  every 
definition  and  every  authority,  and  analyze  the  functions  of  the 
regents  with  the  definition,  and  we  can  come  to  but  one  conclu- 
sion— they  are   officers. 

If  they  be  not  officers  what  are  they?  Is  there  a  class  of  author- 
ities between  the  citizen  and  the  recognized  officer  that  has  some 
other  name?  I  ask  why  should  not  the  regents  of  the  University 
be  subject  to  the  constitutional  provision  limiting  extent  of  term 
of  service  to  two  years?  It  may  be  answered  that  the  stability  of 
the  regular,  uniform  management  of  the  University  will  be  better 
preserved  when  there  is  a  long  continuation  in  the  performance 
of  the  duties.  Experience  and  long  familiarity  with  the  work  and 
duties  will  give  them  higher  qualifications  for  the  work,  and  the 
interests  of  the  State  and  the  institution  with  which  they  are  con- 
nected will  be  better  served  when  they  have  a  long  term  of  service. 
I  may  be  willing  to  grant  this  proposition;  but  in  granting  these 
assumptions,  I  would  say  they  apply  equally  to  any  other  office 
that   the   law    might   fix.      The   State   Superintendent   of    Public   In- 


A  Source  Book  of  tJu   University  of  Texas  321 

st ruction  is  a  creature  of  law.  Will  it  be  argued  that  the  law 
could  extend  his  functions  beyond  two  years?  The  mere  fact  that 
it  would  be  better  for  the  interests  of  the  State  that  regents  could 
be  appointed  for  a  longer  term  than  two  years,  is  no  argument 
that  they  were  not  included  in  the  constitutional  provision,  because 
the  argument  in  favor  of  long  terms  applies  with  equal  force  to 
all  other  creatures  of  law  known  as  officers  and  performing  pub- 
lic  service. 

The  judge,  the  justice,  the  hide  inspector,  and  every  other  func- 
tionary, will  profit  by  experience,  and  perhaps  serve  the  State  bet- 
ter by  long  usage  in  his  office.  But  the  policy  of  the  makers  of  the 
Constitution  seems  clearly  to  make  the  term  of  all  servants  and 
functionaries  of  short  duration;  and  we  cannot  beg  the  question 
and  say  that  regents  are  not  officers,  because  in  the  very  nature  of 
their  duties  the  State  would  be  better  served  were  they  given 
a  longer  term  of  service.  We  dismiss  this  question.  It  is  a  mere 
quibble.  Regents  are  officers  under  the  Constitution.  I  will  admit 
that  I  think  it  would  be  wise  were  they  allowed  a  longer  term — 
eight  years  if  you  please — but  the  Constitution  prohibits  this,  and 
we  must  meet  the  difficulty.  , 

The  duration  of  the  governmental  officers  of  the  University  being 
limited  to  two  years,  a  new  question  arises  as  to  what  is  the  best 
system  of  governmental  officers  for  the  institution  with  a  limita- 
tion of  such  short  duration.  It  is  either  that  some  authority  shall 
elect  or  appoint  citizens  to  govern  the  University  for  two  years,  or 
that  the  government  shall  fall  as  an  ex  officio  duty  on  some  officer 
elected  by  the  people.  It  is  not  easy  to  determine  in  these  cases 
what  is  the  wise  plan.  I  gave  the  matter  much  thought  and 
weighed  the  two  systems  from  every  standpoint.  I  preferred  that 
the  officers  who  constitute  the  Board  of  Education,  consisting  of 
the  Governor,  Comptroller,  Secretary  of  State,  Superintendent  of 
Public  Instruction,  and  a  Chancellor,  to  be  appointed  by  the  Senate, 
should    constitute   the    governing    power   of   the    University. 

These  officers  are  in  the  main  elected  by  the  people,  and  any 
policies  the  people  may  desire  to  urge  in  relation  to  the  Univer- 
versity  could  always  be  made  issues  in  the  canvass.  These  offi- 
cers are  directly  responsible,  and  their  management  would,  in  my 
opinion,  be  better  and  safer  than  if  the  government  were  placed  in 
the  hands  of  a  Board  of  Regents,  appointed  for  only  two  years. 
A  regency  with  a  term  so  short  could  scarcely  meet  and  familiar- 
ize itself  with  the  wants  of  the  University  before  its  term  would 
expire.  The  State  officers  that  I  have  approve,]  as  forming  the 
government  for  the  University  would  be  ever  presenl  at  the  seat 
of  the  institution,  and  quickly  become  familiar  with   its   wants   and 


328  University  of  Texas  Bulletin 

abuses.  It  is  true  it  would  require  diligence  by  officers  in  the 
performance  of  duties;  but  their  government  could  not  be  less 
efficient  than  that  of  a  Board  of  Regents  scattered  through  the 
State,  called  together  at  great  expense  for  a  few  sessions  during 
their  term  of  service.  In  short,  the  responsibility  to  the  people 
direct  of  the  officers  named  in  the  bill — they  being  in  the  field  at 
all  times  for  labor — their  direct  responsibility,  the  economy  of 
their  employment,  and  all  other  points,  induced  me  to  advocate  the 
board  as  named,  since  a  board  of  short  duration  of  two  years  is 
imperative  under  the  Constitution.  It  is  urged  that  a  Governor 
will  exercise  a  controlling  voice,  because  he  appoints  a  Secretary 
of  State.  This  alleged  defect,  which  I  do  not  admit  is  real,  could 
easily  have  been  remedied  by  substituting  the  Attorney-General  or 
some  other  officer;  but  we  find  there  is  an  independent  action  by 
these  officers,  and  the  Governor  neither  rules  his  appointees  with 
iron   rod,   nor    does   he   desire   to   rule   them. 

Objection  is  urged  that  the  government  of  the  University  would 
become  political,  being  in  the  hands  of  political  authority.  We 
cannot  reason  too  far  in  advance;  no  conclusions  on  questions  of 
this  character  can  be  relied  on  as  being  unerring.  Our  only  rem- 
edy is  to  do  the  best  we  can,  since  we  cannot  continue  a  govern- 
mental body  beyond  two  years.  We  prefer  to  take  the  active  crea- 
ture and  live  officer  from  the  people,  and  make  him  responsible 
direct,  in  the  field,  instead  of  a  scattered  body,  generally  called 
together  and  held  under  the  influence  of  a  few  of  their  number. 
While  not  wedded  to  this  organization,  for  the  government  of  the 
University,  it  is  the  best  I  can  see  under  the  circumstances  that 
necessitates  a  change  to  comply  with  our  constitutional  obligations, 
the  imperative  demands  of  which  cannot  be   ignored. 

2.  The  second  innovation  against  the  old  law,  which  is  made 
in  the  bill  presented  by  me  is,  that  the  law  department  of  the 
University  shall  be  self-sustaining,  and  professors'  salaries  be  paid 
from   tuition   fees   derived   from   students. 

I  will  content  myself  with  but  few  remarks  in  support  of  this 
policy.  I  regard  the  establishment  of  the  law  chair  in  the  Uni- 
versity as  being  least  of  all  needed  at  the  present  time.  I  believe 
in  applying  the  means  of  the  University  to  the  establishment  and 
support  of  every  chair  before  one  dollar  is  applied  for  law  pro- 
fessors. I  have  no  objection  to  the  crop  of  attorneys  being  as 
great  annually  as  can  spring  up  from  their  own  spontaneity;  but 
I  object  to  the  State  -encouraging  an  undue  growth  of  material  in 
this  profession  that  is  already  overcrowded.  Far  better  it  is,  in 
the  various  schools  that  may  be  established,  to  direct  the  minds  of 
the   bright   and    ambitious   away   from   the      ranks   of   a   profession 


A  Source  Book  of  the  University  of  Texas  329 

where  so  few  attain  eminence,  and  in  which  there  is  an  abundant 
supply  to  assist  in  the  administration  of  justice.  I  have  no  hos- 
tility against  the  profession,  but  am  far  from  recognizing  the  cor- 
rectness of  a  policy  that  will  encourage  so  many  young  men  in 
following  the  study  of  the  law,  by  opening  doors  and  giving  fa- 
cilities, at  the  expense  of  cutting  off  something  better.  They  may 
acquire  a  smattering  in  a  profession,  that  generally  recruits  itself 
by  hard  studying,  independent  of  State  aid.  For  the  present  at 
least,  this  branch  of  the   University  should   rely  on   itself. 

I  do  not  say  that  the  same  argument  applies  with  equal  force 
to  the  medical  department,  because  we  can  scarcely  have  too  many 
well  educated  physicians;  but  both  these  professions  are  in  general 
recruited  from  a  class  that  is  well  able  pecuniarily  to  pay  for  its 
own  tuition;  and  until  we  are  stronger  in  our  financial  ability,  and 
until  we  have  supplied  all  other  important  chairs,  I  would  leave 
the  young  gentlemen  seeking  education  for  these  professions  to 
use  that  energy  and  pluck  and  industry  that  has  characterized  and 
made  successful  and  honorable  a  thousand  noted  names  that  are 
recorded  in  the  history  of  these  professions. 

3.  The  bill  provides  that  students  shall  pass  an  examination 
in  the  most  advanced  branches  of  high  schools  in  such  studies  as 
they  undertake  in  the  University,  and  that  this  rule  be  strictly 
enforced. 

I  think  that  all  who  will  reason  without  bias  will  commend  this 
provision.  The  establishment  at  Austin  should  be  a  University 
strictly,  and  be  supported  for  that  character  of  instruction  that 
pertains  to  a  University.  We  have  numerous  high  schools  doing 
duty  throughout  the*  State,  that  are  educating  classes  as  advanced 
as  those  in  the  State  University. 

There  are  ample  facilities  at  home  for  the  high  school  courses, 
and  I  deem  it  a  perversion  of  the  University  fund  to  maintain  an 
institution  at  the  capital  that  is  a  university  in  name  and  a  high 
school  in  fact.  I  am  well  aware  of  the  objection  made  to  the  rule 
that  requires  a  proficiency  of  the  standard  I  have  indicated.  It  is 
stated  that  we  have  not  sufficient  material  to  fill  the  halls  of  the 
University  with  students  advanced  to  this  high  grade.  I  ask,  when 
will  we  have  a  sufficient  number  to  fill  the  halls  and  justify  the 
employment  of  professors  at  magnificent  salaries?  These  institu- 
tions are  of  slow  growth,  unless  they  wait  their  time  and  permit 
subordinate  institutions  to  precede  them.  This  is  the  natural 
order  of  creation  of  these  establishments.  First  in  a  State  there 
grows  a  system  of  common  schools — they  multiply  until  school 
houses  are  marks  in  every  neighborhood.  Then  come  demands 
for  secondary  instruction,  and  high  schools  are  the  result.  It  would 


330      .  University  of  Texas  Bulletin 

be  to  reverse  order  were  high  schools  founded  when  children  had 
not  learned  the  rudiments.  After  a  strong  system  of  high  schools 
is  established,  then  comes  the.  demand  for  the  college  and  univer- 
sity. Whether  the  University  is  before  its  time  remains  to  be 
seen,  but  if  it  be  in  advance  of  what  is  demanded,  it  were  better 
to  close  its  doors  for  the  time,  and  husband  its  funds  until  there 
be  a  condition  of  affairs  in  our  educational  advancement  in  which 
it  will  be  demanded  and  sought  for  to  perform  its  proper  functions. 
But  that  it  should  serve  as  a  mere  school,  I  think  improper  and  a 
pei  version  of  its  sacred  funds.  In  my  opinion  the  fixing  of  a  high 
grade  of  scholarship  would  result  only  for  a  short  period  in  cutting 
off  attendance. 

In  connection  with  this  point  I  will  allude  to  some  disturb- 
ances connected  with  the  strict  application  of  this  rule  in  the  bill 
I  have  under  discussion,  that  are  local  in  their  nature.  I  am  not 
here  now  to  speak  in  uncertain  words.  It  is  well  known  that  the 
grade  of  scholarship  established  by  the  authorities  of  the  Univer- 
sity (whether  fixed  by  catalogue  or  not,  it  is  useless  to  take  time 
in  discussion),  is  below  the  high  school  grade.  It  is  a  well  known 
fact  that  a  large  number  of  students  in  the  University  are  resi- 
dents of  Austin.  It  is  a  well  known  fact  Austin  can  support  a  sys- 
tem of  high  school  instruction  second  to  that  of  no  city  in  Texas, 
and  prepare  and  graduate  students  for  a  university  course  in  num- 
bers almost  sufficient  to  crowd  the  halls  of  this  University,  with  its 
present  capacity,  from  year  to  year.     What  do  we  find? 

We  find  the  students  of  this  city,  replete  with  educational  in- 
stitutions and  advantages,  public  and  private,  leaving  the  forms 
to  which  they  belong — the  classes  where  their  attainments  place 
them — seeking  for  admission  to  the  University!  Plastic  and  yield- 
ing, as  it  is,  and  adopting  its  curriculum,  instead  of  to  a  fixed 
standard,  to  meet  the  demands  of  those  who  ask  to  be  admitted 
to  its  halls,  the  University  becomes  a  high  school  in  the  midst  of 
high  schools,  and  it  supplies  its  ranks  from  the  material  of  the 
very   city   in   which   it   is   established! 

I  say  this:  were  a  high  grade  of  scholarship  established  in  the 
University,  and  an  examination  exacted  that  would  require  to  be 
passed  with  success  in  the  studies  that  pertain  to  a  high  school, 
the  grade  of  scholarship  would  be  advanced  in  this  capital  city, 
and  an  incentive  would  be  added  that  would  in  the  end  make  Aus- 
tin the  Athens  of  Texas.  She  needs  but  to  cultivate  her  schools 
for  secondary  instruction — become  a  mother  by  her  own  local  in- 
stitutions— to  supply  material  for  a  University;  educating  her  own 
offspring   and   the   youth   of   Texas   to   fit   them   to   enter  the   halls 


A  Source  Book  of  the  University  of  Texas  33] 

of    the    long-talked-of    University    that    has     honored     her     as     the 
chosen   seat  of  literature,   science  and   art. 

The  University,  with  a  curriculum  fixing  a  low  grade  of  scholar- 
ship for  admission,  depletes  and  even  ruins  the  outside  efforts 
of  the  local  schools,  public  and  private,  degrades  her  own  stand- 
ing, and  does  untold  harm  to  the  advancement  of  the  interests  and 
respectability  of  the  institution.  Besides  this,  it  injures  the  stu- 
dents of  the  city  where  situated,  to  whose  advancement  and  edu- 
cation it  seems  to  contribute.  The  lowering  of  the  grade  of  schol- 
arship, as  I  have  stated,  fills  the » institution  with  local  students, 
whose  wants  can  be  better  supplied  by  the  private  and  public 
schools  of  the  city,  because  they  receive  special  attention  under 
their  home  masters.  In  the  University,  students  are  left  to  rely 
upon  themselves.  "Learn  or  not  learn"  is  the  maxim  of  the  Uni- 
versity. When  the  professor  delivers  his  lecture,  the  student  can 
partake  or  not  partake,  digest  or  not  digest.  How  unnatural  to 
apply  this  rule,  which  is  proper  in  its  application  for  matured 
students,  to  youth  who  properly  belong  to  the  high  school,  and 
who  need  the  helping  hand  and  kindly  encouragement  of  the  mas- 
ter at  every  step  in  their  studies! 

I  ask  no  confession  from  any  student  as  to  how  far  he  or  she 
has  found  that  to  learn  means  to  study;  and  whether  the  student 
be  in  the  primary,  high  school,  college  or  University,  that  the  matter 
of  education  rests  with  the  student  and  his  books,  and  not  with 
the  professor.  What  I  desire  to  show,  with  reference  to  the  ma- 
terial that  goes  to  the  university  from  Austin,  is  that  it  is  an 
unhappy  advantage  which  they  enjoy.  They  pass  from  under  the 
instruction  of  teachers  who  know  them,  and  stand  related  to  them 
with  parental  solicitude  for  their  interests,  into  the  lecture  room 
of  the  professors,  who  know  them  not.  They  are  deprived  of  that 
patient  attention  to  their  mental  wants  that  they  so  much  need, 
and  are  left  to  rely  upon  themselves.  Despairing,  they  soon  turn 
with  pride  simply  to  the  fact  that  they  are  recognized  as  "stu- 
dents" in  the  University,  and  inflated  with  this  thought,  they  con- 
tent themselves  after  a  brief  sip  from  its  fountains  and  try  their 
wings  and  fly  without  their  degrees.  Happily  had  it  been  for  Aus- 
tin had  the  high  grade  of  scholarship  been  established;  her  young 
men  and  her  maidens  would  have  made  an  effort  in  their  home 
schools  to  enter  the  portals  of  the  University  that  stands  so  grandly 
in  her  beautiful  site;  and  the  University,  with  her  high  standard 
of  scholarship,  would  have  warned  them  to  stand  afar  until  they 
are  ready  to  take  the  food  for  matured  intellects  which  she  had 
prepared.  To  be  able  to  enter  the  University  would  have  been 
their  first  ambition  in  life,    and    having  entered    well    prepared   and 


332  University  of  Texas  Bulletin 

matured,  the  State  would  have  been  given  cultivated  men  and 
women  that  would  have  been  her  honor  and  pride. 

This  stand  for  an  advanced  course  pertaining  to  a  university 
proper,  should  as  well  be  taken  now  as  at  any  period.  I  argue 
that  while  the  University  may  be  weak  in  numbers  for  a  time,  the 
mere  existence  of  it  as  a  fixed  institution,  with  a  curriculum  of  high 
grade,  will  stimulate  in  the  preparation  of  students  to  fill  its  halls. 
I  would  dislike  to  think  that  the  University  is  a  creature  in  ad- 
vance of  the  necessities  of  our  State;  to  think  so,  would  be  to  admit 
that  the  students  already  prepared  to  enter  or.  mature  studies, 
formed  a  number  too  small  to  demand  a  State  institution.  I  think 
we  have  the  scattered  material  well  advanced  in  high  branches,  and 
willing  to  accept  the  advantages  of  a  first  class  university,  if  proper 
means  be  applied  to  secure  their  attendance.  I  trust  that  a  dif- 
ferent management  will  cause  students  to  clamor  for  admission  to 
an  overcrowded  university,  rather  than  that  a  hungry  university, 
with  depleted  halls  and  empty  benches,  should  lower  its  dignity 
by  crying  for  striplings  to  listen  to  its  wisdom. 

4.  In  immediate  connection  with  the  subject  of  establishing  a 
high  standard  of  proficiency  on  the  part  of  students  of  the  Uni- 
versity, I  will  refer  to  that  feature  of  the  bill  that  provides  for 
the  appointment  of  auxiliary  professors  to  act  as  principals  in  high 
schools  to  be  selected  or  established — one  in  each  of  the  eleven 
congressional  districts.  This  proposition  has  been  denounced  as 
a  design  to  fritter  away  the  University  fund,  and  by  disintegration 
destroy  the  main  institution.  It  will  be  noticed  by  examination  of 
criticisms  that  no  one  has  assailed  this  proposition  on  the  ground 
that  it  was  unconstitutional.  I  think,  from  consideration  of  the 
question,  and  conference  with  others  with  reputation  for  knowl- 
edge of  the  law,  that  there  is  no  question  as  to  the  power  of  the 
Legislature  to  employ  auxiliary  professors,  and  detail  them  for 
duty  as  superintendents  of  high  schools,  acting  as  preparatory  for 
a  University  course. 

I  have  thought  of  this  plan  long  and  well;  and  while  not  pro- 
posing it  as  a  feature  that  would  be  permanent,  it  promises  the 
best  results  while  the  institution  is  in  its  infancy,  and  the  paucity 
of  students  desiring  admission  to  a  university  proper  is  felt  so 
keenly.  Let  there  be  a  first-class  institution,  in  each  congres- 
sional district,  with  a  course  of  study  in  strict  harmony  with  the 
University;  and  let  it  be  well  conducted,  and  we  will  have  a  benefit 
to  the  students  of  such  establishments  excelled  by  only  the  Uni- 
versity itself.  The  text  books  and  general  course  of  preparatory 
instruction  can  be  made  to  conform  to  the  dictates  of  the  Univer- 
sity;   and  let  it  be  well  conducted,   and   on   entering  the  Univer- 


A  Source  Book  of  the  University  of  Texas  333 

sity  for  a  student,  it  would  be  as  though  he  were  merely  advancing 
gradually  to  a  more  elevated  plane.  Can  any  one  say  that  these 
schools,  thus  organized,  would  not  be  beneficial?  May  we  not 
reason  that  their  establishment,  with  the  incentive  given  by  their 
professors  and  the  certainty  that  their  students  would  be  able  to 
pass  to  the  University  with  an  advanced  course  of  study  with  better 
advantages,  not  stimulate,  encourage,  and  even  raise  a  desire  in 
the  minds  of  students  and  parents  to  take  advantages  offered  by  a 
great  University.  There  can  be  nothing  but  benefit  arising  rrom 
these  subordinate  institutions;  the  money  expended  could  not  be 
considered  as  lost. 

Let  us  see  how  far  the  charge  of  this  being  an  attempt  to  ruin 
the  University  is  supported.  It  was  either  ignorance  or  malice,  or 
both  of  these  bad  incentives,  that  prompted  this  charge.  The  whole 
amount  required  for  salaries  of  the  eleven  professors  of  these 
schools  is  sixteen  thousand  and  five  hundred  dollars  ($16,500); 
and,  mark  well,  there  is  a  provision  in  the  bill,  in  plain  terms, 
directing  that  the  appointment  of  these  auxiliary  professors  shall 
only  be  made,  "Provided  the  amount  of  the  available  University 
fund  be  sufficient  to  meet  the  expenses  of  salaries  of  other  profes- 
sors, officers  and  employes  of  the  State  University  and  the  regular 
expenses  of  the  State  University,  as  required  and  provided  for,  to 
insure  its  successful  support  and  management. 

These  are  the  exact  terms  of  the  bill.  I  give  them  in  their 
very  words,  because  they  have  been  suppressed  in  outside  hostile 
discussions,  leveled  by  antagonists  against  these  auxiliary  profes- 
sorships. 

How  could  ruin  follow  these  appointments,  when  it  is  expressly 
provided  that  everything  needful  to  secure  the  successful  support 
and  management  of  the  main  University  should  be  provided  and 
appropriated  before  their  appointment?  With  this  restriction,  how 
could  anything  have  been  done  to  mar  the  successful  working  of 
the  University? 

In  the  face  of  this  provision,  which  I  was  careful  to  insert,  deliber- 
ately intending  that  the  main  University  should  not  be  crippled,  an 
intention  plainly  apparent  from  the  substance  of  the  proviso,  who 
can  doubt  that  the  charge  that  this  feature  was  aimed  to  destroy 
is  not  false?  Who  can  doubt  that  it  is  not  malicious — maliciously 
false?  It  could  not  injure;  then  how  could  it  have  been  intended 
to  injure?  Could  an  intelligent  critic  have  digested  the  plan  as 
to  these  professorships  without  having  read  the  proviso  relating 
to  their  appointment.  To  award  him  honesty  of  purpose  in  his 
criticism,   I   must  deny   him  common   intelligence. 

There  was  nothing  but  good  intended  in  this  strait  in  which  the 
University   is   found — seeking   for   students;    and    this   remedy    was 


334  University  of  Texas  Bulletin 

to  be  applied  only  for  a  period  when  it  would  be  needed.  I  was 
willing  to  have  experimented  with  this  legislation  as  a  remedy. 
Had  it  proved  unsuccessful,  it  could  have  been  abandoned. 

It  could  do  no  harm  to  the  main  University,  but  could  accom- 
plish much  good  where  these  schools  were  to  be  established.  This 
charge  that  1  repel,  that  I  aimed  to  destroy  the  University,  is  a 
sample  of  the  misrepresentations  that  I  feel  called  upon  to  de- 
nounce. 

5.  The  salaries  .of  professors  as  prescribed  in  the  bill  should 
be  referred  to  briefly.  The  bill,  elsewhere  than  in  the  section  giv- 
ing rates  of  salaries,  prescribes  that  appropriations  shall  be  made 
at  each  session  of  the  Legislature  for  salaries  of  professors,  and 
all  other  expenes  of  the  University. 

The  section  fixing  salaries  was  easily  changed,  had  the  Legisla- 
ture seen  fit  to  not  agree  on  the  rates  as  fixed.  The  cry  raised 
against  salaries  being  so  low  as  to  be  degrading  to  those  to  whom 
they  were  offered,  was  one  of  those  subterfuges  concocted  to  raise 
prejudice  against  the  system  of  legislative  jurisdiction  on  this 
question.  What  I  desired  to  do  was  to  have  salaries  fixed  by  the 
Legislature  itself,  and  not  entrust  that  prerogative  to  any  other 
authority.  A  few  hundred  dollars,  or  even  thousands,  expended 
in  this  direction,  would  not  have  been  opposed  by  me  or  met  with 
disfavor. 

I  wanted  these  questions  of  salary  fixed  by  law.  I  could  not  con- 
ceive but  that  the  Legislature  was  able  to  take  jurisdiction  of  this 
question,  and  that  it  had  competency  to  determine  what  was  a 
reasonable  expenditure  for  the  services  of  professors.  But  there 
was  an  outside  influence,  I  cannot  say  by  whom  instigated,  that 
desired  to  keep  this  jurisdiction  to  fix  the  salaries  of  professors 
in  the  discretion  of  the  Board  of  Regents.  It  was  a  power  existing, 
and  was  held  to  and  advocated,  for  some  purpose,  with  a  tenacity 
that  was  strange,  passing  strange;  and  I  will  not  attempt  to  fath- 
om for  what  reasons,  motives,  or  for  whose  benefit.  The  doctrine 
advanced  was  that  the  Board  of  Regents  was  in  the  field,  and 
should  have  unlimited  control  of  the  purse  of  the  University.  It 
was  their  mission  to  hunt  down  professors,  or  to  weigh  the  evi- 
dences of  professors  who  beseiged  them  with  testimonials.  They 
were  to  select  such  men  as  would  make  the  Texas  University  fam- 
ous. We  pause  to  ask  whether  fancy  prices  paid  for  salaries  would 
give  reputation  to  professors  not  already  famous?  We  pause  to 
ask  whether  a  name  with  a  dozen  degrees  abbreviated,  with  half 
the  alphabet  affixed,  without  any  other  history,  would  add  to  the 
reputation  of  the  University? 


A  Source  Book  of  the  University  of  Texas  335 

I  have  lived  long  enough  to  know  and  believe  that  all  men,  who 
have  passed  through  a  practical  life  as  mine  has  been,  and  I  be- 
lieve all  students  who  have  passed  through  college  or  university, 
will  realize  that  professors  who  have  the  highest  fame  and  the 
grandest  array  of  titles,  are  not  always  the  professors  that  are 
best  adapted  to  the  mission  of  teachers.  They  frequently  have  a 
pride  above  their  work,  and  their  intercourse  with  students,  and 
modes   of   instruction   are   anything   but   satisfactory. 

I  know  there  is  a  reputation  that  attaches  to  a  student  if  he  can 
claim  to  have  been  an  alumnus  of  some  noted  university.  Again, 
If  he  can  claim  that  he  was  a  student  of  a  celebrated  professor,  he 
acquires  a  species  of  notoriety.  Alas!  How  many  who  pass 
through  noted  universities,  and  listen  to  renowned  professors, 
acquire   no  other   reputation   through   life  than   these  poor   honors? 

But  I  must  hasten  on.  What  I  sought  was  that  the  Legislature 
should  take  jurisdiction  over  this  question  of  salaries,  and  give 
to  our  University  a  professorship  that  was  learned,  substantial  and 
all  sufficient  to  lead  our  youth  to  the  highest  planes.  I  desired 
that  substantial  salaries  should  be  paid  to  talented  men;  and  that 
a  class  of  instructors  should  be  selected  who  are  real  teachers, 
practical  and  in  love  with  their  profession  of  teachers.  I  must 
say,  with  gratification,  that  there  is  an  abundant  source  from 
which   to   supply  our  University   with   men   of  this   class. 

When  the  State  furnishes'  a  substantial,  learned  professorship, 
the  student  should  be  satisfied — she  has  done  her  duty.  The  false 
glamour  that  a  student  might  pride  in  for  having  listened  to  a 
professor  whose  fame  is  world-wide,  is  an  enjoyment  that  the 
State  does  not  owe  him.  The  real,  substantial  and  sound  educa- 
tion is  what  the  State  should  give — and  this  only  she  offers  to 
him;  and,  as  to  whether  he  will  be  benefitted,  depends  upon  him- 
self. Guided  by  a  teacher  who  loves  the  work  of  teaching — whose 
head  is  not  so  far  in  the  stars  in  his  flights  and  theories  as  to  lose 
sight  of  his  mission — every  student  can  reach  all  that  his  indus- 
try and  his  intellect  can  attain.  I  think  an  economy  may  be  prac- 
ticed in  this  direction  relating  to  salaries,  and  the  real  substan- 
tial efficiency  of  the  University  not  be  impaired.  Far  be  it  from 
my  wish  to  degrade  men  of  learning,  and  to  offer  to  them  paltry 
recompense  for  their  services.  Give — give  to  them  lavishly — to 
the  utmost  extent  that  our  abilities  can  reach;  but  let  us  not  go 
beyond   the   extent   of   our  means   in   this  generosity. 

Texas  could  only  offer  the  best  her  facilities  could  afford  and 
no  more  could  be  expected.  If  she  gives  a  learned,  substantia] 
professorship,  employed  at  no  fancy  salary,  she  lias  given  the 
essentials   for   a   good    education;    and    if    her   sons    reject    her    offer 


:::;ii  /  niversity  of  Texas  Bulletin 

because  she  cannot  give  the  luxury  of  the  sauce  of  world  wide 
reputation    for   her   teachers,    she  is   not   to   blame. 

I  have  covered  every  point  that  I  have  advocated  in  the  bill  in- 
troduced by  me.  I  have  acted  according  as  I  have  thought  right, 
in  the  introduction  of  this  bill.  No  man  is  responsible  for  these 
measures  other  than  myself.  Owing  to  relations  of  close  friend- 
ship existing  between  me  and  Gov.  Ireland,  by  those  vindi- 
cative against  us  both,  he  has  been  charged  with  attempting, 
of  proof  has  been  offered  in  support  of  this  coalition,  and  the  as- 
through  me,  to  inject  these  measures  into  the  laws.  Not  one  word 
sertion  rests  on  bare  assumption.  I  can  do  no  more  than  to  enter 
my  solemn  protest  against  coupling  his  name  with  these  measures, 
because  he  neither  framed  them,  dictated  them  nor  suggested 
them;  and  I  am  not  advised  as  to  how  far  he  would  have  sanc- 
tioned them,  had  they  been  submitted  to  him  as  legislative  acts 
for  executive  sanction.  I  wish  to  bear  all  this  burden  alone. 
I  take  all  the  responsibilities.  Since  unjust  criticism  of  the  press 
has  called  forth  these  remarks,  it  may  not  be  out  of  place  to  thank 
those  gentlemen  of  the  press  who  have  fairly  stated  the  principles 
in  the  bill,  and  who  follow  the  advice:  "to  nothing  extentuate  nor 
aught  set  down  in  malice." 

I  do  not  object  to  their  healthy  criticism  on  these  measures.  »  It 
la  by  fair  discussion  that  the  truth  is  reached.  An  enlightened 
press,  as  the  greater  part  of  our  press  is.  assists  largely  to  secure 
that  which  is  to  the  best  interests  of  the  State.  I  have  been  dealt 
with  fairly  by  many  who  noticed  these  measures,  and  my  principles 
have  not  been  misrepresented  or  my  motives  impunged.  It  is  only 
a  few  against  whom  I  raise  my  voice — I  call  them  not  by  name; 
they  are  all  too  well  known  to  need  specific  designation,  and  pro- 
nounce them  as  curses  rather  than  as  blessings  to  .the  people. 

The  University  has  no  stronger  friend  than  I.  Its  branch,  the 
Agricultural  and  Mechanical  College,  is  also  my  pride.  I  trust 
in  the  near  future  to  see  all  our  great  educational  establishments 
moving  hamoniously,  without  rivalry,  richly  endowed,  and  their 
hails  filled  with  our  noble  Texas  youth,  who  will  be  dismissed  from 
her  portals  firm  in  their  morals,  with  strong  muscles  and  with 
cultivated  intellects,  ready  to  do  battle  with  the  world  and  to  do 
honor  to  their  State  and  family  in  all  the  varied  duties  of  life. 

GENERAL.  LAWS 

S.  B.  No.  150;   Ch.  12,  pp.  13-11.     G.  pp.  633-631 

An  Act  to  amend  sections  9  and  10  of  an  act  entitled  "An  act  to 
provide  for  the  classification,  sale  and  lease  of  the  lands  here- 
tofore or  hereafter  surveyed  and  set  apart  for  the  benefit  of  the 


A  Source  Book  of  th<   University  of  Texas  331 

Common  School,  University,  the  Lunatic,   Blind,    Deaf  and   Dumb, 

and   Orphan   Asylum    funds." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  sections  9  and  10  of  an  act  entitled  "An  act  to  provide  for  the 
classification,  sale  and  lease  of  the  lands  heretofore  or  hereafter  sur- 
veyed and  set  apart  for  the  benefit  of  the  Common  School,  University, 
the  Lunatic,  Blind,  Deaf  and  Dumb,  and  Orphan  Asylum  funds."  be  and 
the  same  are  hereby  amended  so  as  hereafter  to  read  as  follows: 

Section  9.  The  purchaser  shall  pay  at  once  to  the  person  calling 
for  the  State  or  to  the  State  Treasurer  as  the  board  may  determine 
and  within  such  time  as  it  may  fix,  one  thirtieth  of  the  amount 
bid  and  execute  his  obligation  for  the  remainder  of  the  purchase 
money  payable  to  the  State  of  Texas  and  binding  the  purchaser  to 
pay  one-thirtieth  of  the  whole  price  on  the  first  day  of  each  suc- 
ceeding year  until  the  whole  is  paid,  and  interest  at  the  rate  of 
five  per  cent  per  annum  on  the  whole  unpaid  purchase  money  from 
date  payable  annually  on  or  before  the  first  day  of  March  of  each 
year;  and  provided  that  after  the  expiration  of  seven  years  the 
purchaser  shall  have  the  option  to  pay  the  unpaid  principal;  and 
provided  that  a  failure  to  pay  the  annual  installments  of  principal 
shall  not  work  a  forfeiture  until  the  whole  sum  is  due;  pro- 
vided that,  upon  proof  of  actual  occupation,  use  and  improvement 
for  three  consecutive  years,  the  purchaser  shall  be  permitted  to  pay 
all  of  the  purchase  money  remaining  unpaid:  provided  also  that 
if  the  payment  of  the  annual  instalments  of  interest  be  made  the 
first  day  of  August  succeeding  the  first,  day  of  March  when  the 
same  became  due  then  no  forfeiture  shall  result  or  be  taken  for 
such  delay  in  such  payments;  provided  further  that  any  person 
acting  as  agent  or  attorney  for  another  in  the  purchase  of  any  of 
said  lands  shall  file  with  the  person  authorized  to  sell  a  legally 
executed  power  of  attorney  from  his  principal  or  other  instrument 
in  writing  from  a  court  of  competent  authority  to  invest  him  with 
powers  to  consummate  a  contract. 

Section  10.  If  upon  the  first  day  of  August  of  any  year  the 
interest  due  on  the  first  day  of  the  previous  March  remains  unpaid 
the  custodian  of  the  obligation  of  the  purchaser  shall  endorse  on 
it  "lands  forfeited"  and  the  account  kept  with  the  purchaser  shall 
show  such  failure  to  pay  and  such  forfeiture;,  the  failure  to  pay 
the  interest  by  the  first  day  of  August  following  its  maturity 
ipso  facto  work  a  forfeiture  and  the  entry  on  this  account  shall  be 
evidence  of  the  fact  and  there  shall  be  no  necessity  for  judicial 
ascertainment  of  the  facts  of  the  forfeiture;  and  no  defaulting 
purchaser  or  those  claiming  under  him  shall  evade  or  avoid  th" 
effects  of  such  forfeiture  at  once  by  reason  of  any  statute  or  law, 
which  for  coverture,  infancy  or  the  like  would  otherwise  give  them 

22— 227 


338  University  of  Texas  Bulletin 

additional   time  for    the    payments  or    action,     except    as    follows: 
Should   any   purchaser   die   the   representatives  or  heirs   of   the   r'e- 
toeased   shall  have  one  year  within  which   to   pay  the  interest   due 
on  the  first  day  of  March  next  after  such  death. 
Approved  February  16,  1885. 

S.    B.    No.   230;    Ch.    17,   p.    18;    (J.   9,   p.   638 

An  Act  to  prevent  the  forfeiture  of  the  rights  of  purchasers  of 
Public  Free  School,  University  or  Asylum  land. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  the  failure  of  a  holder  of  public  free  schools,  university  or  asylum 
land,  under  contract  of  purchase  from  the  State,  to  make  the  annual 
payments  of  principal  or  interest  thereon  prior  to  the  first  day  of  August 
after  the  same  becomes  due  shall  not  cause  a  forfeiture  of  the  rights 
of  such  holder  in  such  land. 

Approved,   February    23,    1885. 

[The  act  cited  was  not  supposed  at  the  time  of  its  passage  to 
repeal  the  forfeiture  provision  of  the  act  of  1883  as  amended  in 
1885,  and  a  large  number  of  forfeitures  were  taken  under  this 
section  between  1886  and  1893.  The  Supreme  Court  having  ex- 
pressed the  opinion  that  the  forfeiture  clause  was  repealed  by  the 
last  named  act  of  1885,  I  understand"  it  to  be  the  practice  of  the 
Commissioner  to  reinstate  these  forfeitured  accounts  upon  applica- 
tion.] 

R.  L.  Batts  in  Sixth  Biennial  Report  of  the  Board  of  Regents,  Dec. 
1894,  pp.   54-55. 

H.  B.  Xo.  586;   Ch.  89,  p.  83;   G.  9,  p.   703 

An  Act  to  protect  persons  in  the  settlement  of  the  Common  School, 
University,  the  Lunatic,  Blind,  Deaf  and  Dumb  and  Orphan  Asy- 
lum lands,  and  to  prescribe  penalties  for  an  interference  with 
their  legal  rights. 

Section  1.  Be  it  enacted  by  the 'Legislature  of  the  State  of  Texas: 
That  any  person  who  by  force,  threats  or  intimidations  shall  pre- 
vent or  attempt  to  prevent  or  shall  combine  and  confederate  with 
others  to  prevent  or  attempt  to  prevent  any  person  who  has  ac- 
quired a  right  thereto  in  accordance  with  the  laws  of  the  State 
from  peaceably  entering  upon  and  establishing  a  settlement  on  any 
parcel  or  tract  of  land  belonging  to  the  Common  School,  Univer- 
sity, the  Lunatic,  Blind,  Deaf  and  Dumb  and  Orphan  Asylum  lands, 
subject  to  purchase  and  settlement  under  and  i-n  accordance  with 
the  laws  of  this  State,  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  therefor  shall  be  fined  in  any  sum  not  less 
than  two  hundred  nor  more  than  one  thousand  dollars,  and  in  ad- 


A  Source  Booh  of  the  University  of  Texas  339 

dition   thereto  shall   be   imprisoned   in  the  county   jail   not  less   than 
one  nor  more  than  six  months. 
Approved  March  31,  1886. 

S.  H.   IJ»,  Xo.  370;   Ch.    115,   p.   112;    G.   !),  p.  741 

An  Act  making  appropriations  for  the  support  of  the  State  govern- 
ment for  the  years  beginning  March  1,  1885,  and  ending  Febru- 
ary  28,  1887,  and  for  other  purposes. 

STATE    UNIVERSITY 

For  the  support  and  maintenance  of  the  State 
University  for  the  two  years  ending  Febru- 
ary 28,  1887,  for  the  erection  of  building, 
improvement  of  grounds  and  purchase 
all  necessary  accessories,  to  be  under  the 
control  of  the  Board  of  Regents;  all  the 
available  University  fund  on  hand,  and  all 
interests  on  the  permanent  University  fund, 
including  bonds  and  all  other  interest  bear- 
ing indebtedness  now  or  hereafter  belonging 
to  the  permanent  University  fund,  and  all 
amounts  derived  from  the  lease  of  University 
lands,  subject,  however,  to  the  appropriation 
herein  made  for  the  A  and  M.  College. 

AGRICULTURAL  AND  MECHANICAL  COLLEGE 

For  support  and  maintenance  of  the  Agricul- 
tural and  Mechanical  College  for  the  two 
years  beginning  the  first  of  March  1885  and 
ending  twenty-eighth  day  of  February  1887, 
the  following  sums: 

Out  of  the  general   fund,   the   sum    of $10,000      $10,000 

Out  of  the  University  fund  the  sum  of 5,000  5,000 

Approved  April    1,   1885. 

TWENTIETH  LEGISLATURE,  REGULAR  SESSION,  JAN- 
UARY 11  TO  APRIL  4,  1887 

MESSAGE  OF   GOVERNOR   JOHN    IRELAND 
January  11,  1887;  H.  J.  pp.  15,  26;  S.  J.  pp.  11,  22 

SCHOOL,    UNIVERSITY,    AND   ASYLUM    LANDS 

Under  the  operation  of  the  Act  of  April  12,  1883,  the  Land  Board 
has  sold  of  the  school  lands  3,000,000  acres,  of  the  University 
lands   21,000   acres,  and  of  the  asylum   lands   177,000   acres,   at  an 


340  University  of  Texas  Bulletin 

average  price  of  $2.00  per  acre.  These  lands  have  been  sold  to 
actual  settlers  only.  In  the  act  referred  to  is  found  the  authority 
to  lease. 

I  would  remind  the  Legislature  that  it  is  no  easy  matter  to 
change  the  ideas  and  habits  of  a  people  when  those  ideas  and  habit . 
have  been  indulged  in  for  ages  without  hindrance  or  restraint. 
And  as  no  former  administration  even  attempted  to  utilize  the  peo- 
ple's grass,  or  derive  a  rental  from  the  unoccupied  lands  of  the 
State  government,  it  is  not  to  be  wondered  at  that  the  laws  passed 
during  my  term  of  office,  on  this  most  important  question  should 
excite  some  little  opposition  from  interested  parties,  and  cause 
them  to  seek  means  to  avoid  and  defeat  these  laws,  if  possible. 
People  who  have  been  accustomed-  to  graze  their  cattle  free  of 
charge  on  the  State  lands  may  be  slow  to  approve  the  order  of 
things  which  aims  to  make  them  pay  for  benefits  conferred;  but  I 
have  no  doubt  that  in  a  very  short  period  the  principle  of  dealing 
with  the  State  as  one  would  with  an  individual  will  be  universally 
recognized,  and  that  stockmen  and  others  will  willingly — aye, 
gladly — render  to  the  commonwealth  a  fair  equivalent  for  those 
privileges  which  they  have  so  long  enjoyed  gratis 

THE  STATE  UNIVERSITY 

This  institution  is  in  its  infancy,  but  on  a  permanent  basis.  The 
faculty  is  an  excellent  one,  and  wre  look  forward  to  the  near  ap- 
proach of  the  time  when  our  people  will  educate  their  children  at 
home,  and  the  children  of  Texas  will  crowd  the  walls  of  the  Uni- 
versity of  Texas. 

I  trust  that  a  way  may  be  found  of  enabling  the  Regents  to  speed- 
ily complete  the  building,  and  to  put  into  operation  the  Medical 
Department.  In  this  connection,  I  call  the  attention  of  the  Legisla- 
ture to  the  claim  against  the  State  for  money  used  at  the  Prairie 
View  Normal  School  in  1881-82,  amounting  to  $22,495.75.* 

This  amount  should  be  refunded  to  the  University.  I  invite 
attention  to  the  report  of  the  board  of  regents,  a  copy  of  which  I 
herewith  transmit. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  49 — By  Mr.  Shield. 

To  provide  for  the  sale  and  lease  of  the  common  school  and 
other  public  lands. 

Died  subject  to  call.      H.  J.   p.   982. 
H.  B.   229 — By  Mr.   Tate, 


*$l-l.4(.>f>.73.  according  to  Comptroller  Swain,  in  a  letter  to  the  Regents 
dated  November  27.  lsse.  Even  this  amount  was  incorrect,  gee  Statis- 
tical   Table    23. 


A  Source  Book  of  the  University  of  Texas  341 

To  regulate  the  sale  of  and  care  for  the  timbered  public  lands. 

Substitute  reported.      H.  J.  p.   995. 
H.  B.  282 — By  Mr.  Shield. 

To  repeal  section  16,  chapter  8  8,  General  Laws  of  the  Eighteenth 
Legislature  which  permits  the  lease  of  the  public  lands. 

Substitute  reported.     H.  J.  p.  999. 
H.  B.  304 — By  Mr.  Bransford. 

To   extend   for  ten   years   the  payment   of   principal   of   purchase 
money  for  lands  purchased  under  certain  acts  of  the  Legislature. 

Became  a  law.     H.  J.  p.  1001;  S.  J.  p.  806. 
H.  B.  331 — By  Mr.  Christenberry. 

To  provide  for  the  sale  of  lands  set  apart  for  the  common  schools, 
University,  etc. 

Substitute  reported.     H.  J.  p.   1003. 
H.  B.   332 — By  Mr.  Hudgins. 

To    restore    to    the    University   money   drawn    therefrom    by    the 
State  and  to  provide  for  the  payment  of  interest. 

Died  in  Committee.     H.  J.  p.  1003;  Lane  pp.  90-91. 
H.  B.  35  4 — By  Mr.  Gresham. 

To    provide    for    the    exclusive    management   and    control    of    the 
lands  of  the  University  by  the  Regents. 

Reported  adversely.     H.  J.  p.  1005;  Lane  pp.  91-92. 
H.  B.  376 — By  Mr.  Jackson. 

To  provide  for  the  sale  of  timber  on  common  school,  University 
and  asylum  lands. 

Substitute  reported.      H.  J.  p.   1007. 
H.  B.  412 — By  Mr.  Moore  of  Travis. 

To  provide  for  the  classification,  sale,  and  lease  of  all  lands  set 
apart  for  common  schools,  University  and  asylums. 

Substitute  reported.     H.  J.  p.  1010. 
H.  B.  422 — By  Mr.  Payne. 

To  provide  for  the  sale  and  lease  of  public  lands  set  apart  for  the 
common  schools,  University  and  asylums. 

Substitute  reported.     H.  J.  p.   1011. 
H.  B.  4  24 — By  Mr.  Showalter. 

To  provide  for  the  classification  and  sal-e  of  all  lands  set  apart 
for  the  common  schools,  University  and  asylums. 

Substitute  reported.     H.  J.  p.  1011. 
H.  B.  448 — By  Mr.  Davis  of  Shelby. 

General    Appropriation    bill. 
Became  a  law.     H.  J.  p.  1012;  S.  J.  p.  809;  Lane  pp.  89-90,  262. 
H.  B.  550 — By  Mr.  Gresham. 

To  define  the  University  and  its  branches,  to  perfect  its  organi- 
zation and  to  give  the  Regents  control  of  its  branches  and  its  lands. 

Adversely  reported  because  like  H.  B.  593.     H.  J.  p.  1020. 


342  University  of  Texas  Bulletin 

H.  B.  569 — By  Mr.  Baylor. 

To  correct  errors  and  conflicts  in  surveys  of  University  lands, 
etc. 

Became  a  law.     H.  J.  p.  1022. 
H.  B.  5  93 — By  Mr.  McGaughey. 

To  perfect  the  organization  of  the  University  and  its  branches 
and  to  give  its  Regents  control  of  its  branches  and  lands. 

Reported  favorably.     Died  in  Committee.     H.  J.  p.   1023. 
H.  B.  597 — By  Mr.  Buchanan. 

To  give  the  A.  and  M.  College  25  per  cent  of  the  University  lands. 

Reported  favorably  for  20  per  cent.     H.  J.  p.  1024. 
H.  J.  R.  18 — By  Mr.  Gresham. 

Joint  resolution  to  amend  section  11  of  article  7  of  the  Constitu- 
tion of  the  State  of  Texas. 

Became  a  law.      H.  J.  p.  247,  256;  S.  J.  p.  879. 
H.  B.       — By  Mr.  McGaughey. 

To  pay  the  old  indebtedness  of  the  State  to  the  University,  to 
give  the  Regents  control  of  the  University  lands;  to  better  establish 
the  relations  between  the  University  and  its  branches  by  placing 
them  all  under  a  new  board  of  management,  and  giving  them  each 
additional  and  separate  land  endowments  out  of  the  Pacific  rail- 
way reservation  as  a  compromise;  and  making  provisions  for  ac- 
ceptance of  donations  from  Galveston  and  the  executors  of  the 
Sealy  estate  for  the  early  establishment  of  the  Medical  Department. 

Lane   p.    86.      Never   reported,   apparently   never   numbered.      No 
reference  found  in  House  Journal,  except  to  a  resolution  "relative 
to  the  University  and  A.  and  M.  College."     H.  J.  p.  1058. 
H.  C.   R.    13.      By  Mr.   Hudgens. 

To  provide  for  a  joint  committee  to  visit,  inspect  and  report  on 
the  State  University  at  Austin. 

H.   J.   p.    505. 
S.  B.  63 — By  Mr.  Houston. 

To  provide  for  the  sale  of  all  public  lands. 

Died  in  committee.     S.  J.   p.   7  66. 
S.  B.  131 — By  Mr.  Lane. 

To  regulate  the  lease  and  sale  of  the  public  lands  (including 
University.) 

Died  in  Committee.     S.  J.  p.  772. 
S.  B.  143. — By  Mr.  Frank. 

To  turn  over  to  the  Regents  the  University  lands. 

Lost  in  the  House.     See  Lane  pp.  88-89.     S.  J.  p.  773. 
S.  B.  172 — By  Mr.  Jarvis. 

Appropriation    bill. 

No  report  of  bill  being  engrossed.     S.  J.  p.  776. 
H.  B.  179 — By  Mr.  Armistead. 


A  Source  Book  of  the  University  of  Texas  343 

To  confirm  the  exchange  of  lands  made  by  the  Land  Commis- 
sioner for  the  University  and  restore  the  rejected  blocks  to  the 
reserved    public    domain. 

Tabled  in  House  on  motion  of  Mr.  Pendergast  of  McLennan.     S.  J. 
p.  777. 
S.  B.  219 — By  Mr.  McDonald. 

To  provide  for  the  sale  and  lease  of  all  the  public  lands. 

Became  a  law.      S.  J.  p.  781;   H.  J.  p.  1030. 
S.  B.  294 — By  Mr.  Woods. 

To  amend  the  law  relating  to  classification,  sale  and  lease  of  the 
public  lands   (including  University). 

Failed  to  be  read  a  second  time.      S.  J.  p.  788. 
S.  B.   295 — By  Mr.  Woods. 

To  repeal  the  act  preventing  forfeiture  of  the  rights  of  purchasers 
of  school,  university,  and  asylum  lands. 

Failed  to  be  read  a  second  time.     S.  J.  p.  789. 
S.  B.   320 — By  Mr.   Glasscock. 

To  define  the  University  and  its  branches,  to  perfect  its  organi- 
zation, to  give  the  Regents  control  of  its  branches  and  lands. 

Died  in  Committee.     S.  J.  p.  7  91. 
S.  J.  R.  10 — By  Mr.  Frank. 

To  amend   Section   4,   Article   7   of  the   Constitution. 

Died  on  calendar.      S.  J.  p.  876. 
S.  J.  R.  24 — By  Mr.  Calhoun. 

To  amend  Section  12,  Article  7,  of  the  Constitution. 

Unfavorably  reported.     S.  J.  p.   877. 

GENERAL  LAWS 

S.  S.  B.  No.  219;   Ch.  99,  pp.  83-91;   G.  9,  pp.  881-889 

An  Act  to  provide  for  the  sale  of  all  lands  heretofore  or  here- 
after surveyed  and  set  apart  for  the  benefit  of  the  Public  Free 
Schools,  the  University,  and  the  several  Asylums,  and  the  lease 
of  such  lands  and  of  the  public  lands  of  the  State,  and  to  pre- 
vent the  free  use,  occupany,  unlawful  enclosure,  or  unlawful  ap- 
propriation of  such  lands,  and  to  prescribe  and  provide  adequate 
penalties  therefor. 


Sec.   2.     The  Commissioner    of    the  General    Land    Office   is   hereby 
vested  with  all  the  power     ....     necessary  to  carry  into  effect 

the  provisions  of  this  act He  shall      ....      adopt 

regulations  .  .  .  .  so  as  to  protect  the  public  interest;  but  all 
regulations  shall  be  submitted  to  the  Governor  for  his  approval 
before  adoption  or  promulgation.  He  shall  adopt  all  necessary  minis 
of  applications  for  sales  or  leases and  may   from  time 


344  University  of  Texas  Bulletin 

to  time  call  upon  the  Attorney-General  to  prepare  such  forms,  and  it 
shall  be  the  duty  of  that  officer  to  furnish  the  Commissioner  of  the 
General  Land  Office  with  such  advice  and  legal  assistance  as  may  be 
requisite  for  the  due  execution  of  the  provisions  of  this  act; 

Sec.  3 the  Commissioner  of  the  General  Land  Of- 
fice shall  cause  all  the  lands  belonging  to  the  several  funds  named 
in  this  act,  which  may  be  in  demand  for  immediate  settlement,  to 
be  carefully  .  .  .  .  classified  and  valued;  and  for  this  pur- 
pose he  may  appoint,  with  the  approval  of  the  Governor,  such  num- 
ber of  competent  State  agents  as  may  be  necessary  to  effect  such 
classification  and  valuation;  ....  and  with  the  approval  of 
the  Governor  he  may  allow  such  compensation  to  said  State  agents 
as  may  be  just  and  proper,  not  to  exceed  the  sum  of  one  hundred 
and  fifty  dollars  per  month  and  necessary  expenses  for  subsist- 
ence  

Sec.  4.  It  shall  be  the  duty  of  such  State  agents  ....  to 
classify  all  the  lands  belonging  to  the  several  funds  mentioned  in 
this  act,  ....  into  agricultural,  pasture,  and  timber  lands; 
and  for  this  purpose  they  shall  carefully  examine  the  same,  and  after 
such  examination  they  shall  prepare  an  accurate  plat  of  each  section, 
showing  the  relative  proportions  of  timber  and  open  land  on  such 
section,  and  their  situation,  also  the  quality  of  the  soil,  and  topog- 
raphy of  the  land,  and  the  quality  and  kind  of  timber,  and  the 
streams  and  other  sources  of  water  supply,  and  their  location, 
noting  such  streams  as  may  be  permanent  water,  and  such  other 
facts  as  may  be  important;      .... 

Sec.   5.     When  any  portion  of  said  land   has    been    classified     .     . 

such  lands  shall  be  subject  to  sale,  but  to  actual  settlers  only, 

and  in  quantities  of  not  less  than  one  hundred  and  sixty  acres  and 

in  multiples   thereof,   nor   more  than   six  hundred  and   forty  acres. 

Sec.  6.  It  shall  be  the  duty  of  the  Commissioner  of  the  General 
Land  Office  to  notify  in  writing  the  county  clerk  of  each  county  of 
the  valuation  fixed  upon  each  section  of  land  in  his  county, 

Sec.  7.  All  lands  ....  shall  be  sold  at  not  less  than 
two  dollars  per  acre.  All  sections  of  lands  having  permanent 
water  on,  or  bordering  thereon,  shall  be  sold  at  not  less  than  three 
dollars  per  acre,  and  not  less  than  one  hundred  and  sixty  acres 
shall  be  sold,  except  in  cases  where  a  fractional  part  of  a  section 
less  than  one  hundred  and  sixty  acres  is  unsold,  in  which  case  the 
entire  fractional  part  of  such  survey  shall  be  sold:  Provided,  That 
no  watered  portion  of  any  section  shall  be  sold  unless  there  is  per- 
manent water  on,  or  bordering  on,  the  part  of  said  section  remain- 
ing unsold;    and  all  timber  land  shall  be  sold  at  not  less  than  five 


A  Source  Book  of  the  University  of  Texas  34.3 

dollars  per  acre.  By  timber  lands,  as  here  used,  is  meant  lands 
valuable  chieflly  for  the  timber  thereon. 

Sec.  8.  Any  bona  fide  actual  settler  who  may  reside  en  any  part 
of  the  lands  tbe  sale  of  which  is  authorized  by  this  act,  at  the  time 
this  act  may  go  into  effect,  shall  have  the  right,  for  a  period  of 
8ix  months  after  the  same  shall  have  been  appraised,  to  purchase 
such  quantity  of  land  as  may  be  limited  by  this  act,  to  include  his 
Improvements,  upon  complying  with  the  provisions  of  this  act,  reg- 
ulating sales  as  in  other  cases,  and  such  lands  shall  be  appraised 
without   reference   to   the    improvement   thereon:         .... 

Sec.  9.  All  sales  shall  be  made  by  the  Commissioner  of  the  Gen- 
eral Land  Office,  or  under  his  direction,  and  he  shall  prescribe  suit- 
able regulations  whereby  all  purchasers  shall  be  required  to  reside 
upon,  as  a  home,  the  land  purchased  by  them,  for  three  consec- 
utive years  next  succeeding  the  date  of  their  purchase 

The  purchaser  shall  transmit  to  the  Treasurer  of  the  State  one- 
fortieth  of  the  aggregate  purchase  money  for  the  particular  tract 
of  land  and  send  to  the  Commissioner  his  obligation  to  the  'State, 
duly  executed,  and  binding  the  purchaser  to  pay  to  the  State  on  the 
first  day  of  August  of  each  year  thereafter,  until  the  whole  pur- 
chase money  is  paid,  one-fortieth  of  the  aggregate  price,  with  in- 
trest  thereon  from  date  at  the  rate  of  5  per  cent  per  annum  on  the 
whole   unpaid    purchase   money 

Sec.  10.  All  purchasers  shall  have  the  option  of  paying  the  pur- 
chase money  for  their  lands  in  full  at  any  time  after  they  have 
occupied  the  same  for  three  consecutive  years Pur- 
chasers may  also  sell  their  lands  at  any  time  after  sale  is  effected 
under  this  act,  and  in  such  cases  the  vendee,  or  any  subsequent 
vendee,  may  file  his  own  obligation  with  the  Commissioner  of  the 
General  Land  Office,  together  with  the  duly  authenticated  convey- 
ance, or  transfer,  if  any  there  be,  duly  recorded  in  the  county 
where  the  land  lies,  or  to  which  it  may  be  attached  for  judicial 
purposes,  together  with  his  affidavit  stating  that  he  desired  to  pur- 
chase the  land  for  a  home 

Sec.  11.  If  upon  the  first  day  of  August  of  any  year  the  interest 
due  on  any  obligation  remains  unpaid,  the  Commissioner  of  the 
General  Land  Office  shall  endorse  on  such  obligation  "land  for- 
feited,** and  shall  cause  an  entry  to  that  effect  to  be  made  on  the 
account  kept  with  the  purchaser,  and  thereupon  said  land  shall  be 
forfeited  to  the  State,  without  the  necessity  of  re-entry  or  judicial 

ascertainment And    provided    further,    That    nothing 

in  this  section  contained  shall  be  construed  to  inhibit  the  State 
from  instituting  such  legal  proceedings  as  may  be  necessary  to 
enforce  such  forfeiture,  or  to  protect  any  other  right  to  such  land, 
which  suits  may  be  instituted  by  the  Attorney  General,   under  the 


346  University  of  Texas  Bulletin 

direction  of  the  Governor,  in  the  proper  court  of  the  county  in 
which  the  land  lies,  or  in  the  District  Court  of  Travis  County,  and 
jurisdiction  of  such  causes  is  hereby  expressly  conferred  on  said 
courts. 

Sec.  12.  The  Commissioner  of  the  General  Land  Office  shall  re- 
tain in  his  custody  as  records  of  his  office  all  applications,  affida- 
vits, .  obligations,    and    all   other    papers   relating   to    sales    of     said 

lands All  purchase  money  due  upon  lands,  as  well  as 

accrued  interest,  and  all  other  moneys  arising  from  the  sales  or 
leases  of  said  lands,  shall  be  paid  by  the  purchaser  or  lessee  direct 
to  the  Treasurer  of  the  State 

Sec.  13.  The  Commissioner  of  the  General  Land  Office  shall 
adopt  such  regulations,  for  the  sale  of  timber  on  timber  lands  as 
may  be  deemed  necessary  and  judicious,  such  regulations  to  be 
subject  to  the  approval  of  the  Governor.  Such  timber  shall  not  be 
sold  for  less  than  five  dollars  per  acre  cash,  except  in  such  cases 
as  the  Commissioner  may  ascertain  by  definite  examination  of 
a  State  agent  that  any  particular  section  is  sparsely  timbered  or 
contains  timber  of  but  little  value,  in  which  case  he  shall  be  au- 
thorized to  sell  the  timber  on  said  section  at  the  best  price  on  the 
best  terms  practicable:  Provided,  Such  timber  is  sold  at  net  less 
than  two  dollars  per  acre;  and  in  no  case  shall  less  than  one  sec- 
tion of  timbered  land  be  sold  to  any  purchaser 

Sec.  14.  The  public  lands  ....  shall  be  leased  by  the  Commis- 
sioner of  the  General  Land  Office  in  accordance  with  the  previsions  of 
this  act.  Such  leases  shall  be  for  a  term  of  not  more  than  five  years, 
and  the  lessee  shall  pay  an  annual  rental  of  four  cents  an  acre  for 
all  pasture  lands  leased,  which  rental  shall  be  paid  each  year  in 
advance,  the  first  payment  to  be  made  at  the  time  the  lease  is  exe- 
cuted; and  if  at  the  termination  of  the  lease  such  land  is  still  sub- 
ject to  lease,  the  lessee  or  lessees  thereof,  whose  term  of  lease  is 
expired,  shall  have  the  refusal  of  such  land  as  he  has  been  leasing, 
on  the  terms  and  at  the  price  that  may  be  fixed  therefor  by  the 
Commissioner  of  the  General  Land  Office.  All  leases  shall  be 
executed  under  the  hand  and  seal  of  the  Commissioner  of  the  Gen- 
eral Land  Office,  and  shall  be  delivered  to  the  lessee  or  his  duly 
authorized  agent,  and  such  lease  shall  not  take  effect  until  the  first 
annual  rent  is  paid  and  the  lease  is  duly  filed  for  record  in  the 
county  where  the  land  lies,  or  to  which  it  may  be  attached  for  ju- 
diical  purposes,  and  it  shall  not  be  necessary  for  the  Commissioner 
to  acknowledge  such  lease  before  the  same  is  placed  on  record. 

Sec.  15.  Any  person  desiring  to  lease  any  portion  of  the  public 
lands,  or  the  lands  belonging  to  the  several  funds  mentioned  in 
this  act,  shall  make  application  in  writing  to  the  Commissioner 
of  the  General  Land  Office,  specifying  and  describing  the  particular 


A  Source  Book  of  tlic  University  of  Texas  341 

lands  he  desires  to  lease;  and  thereupon  the  Commissioner,  if  satis- 
fied that  the  lands  applied  for  are  not  in  immediate  demand  for 
purposes  of  actual  settlement,  and  that  such  lands  can  be  leased 
without  detriment  to  the  public  interest,  shall  notify  the  applicant 

in    writing    that    his    proposition    to    lease     is     accepted 

The  lands  classified  as  agricultural  lands,  which  may  be  leased 
under  this  act,  shall  be  leased  subject  to  sale  as  provided  by  this 
act,  and  whenever  such  leased  lands  may  be  purchased  the  lessee 
shall  give  immediate  possession  to  such  purchaser:  Provided,  That 
the  lessee  shall  have  a  pro  rata  credit  upon  his  next  year's  rent,  or 
the  money  refunded  to  him  by  the  Treasurer,  as  he  may  elect: 
Provided,  That  no  such  sale  shall  be  permitted  where  such  lessee 
shall  have  previously  placed  improvements  of  the  value  of  one 
hundred  dollars  upon  such  section  of  land  so  sought  to  be  pur- 
chased: And  provided  further,  That  no  actual  settler  who  shall 
purchase  land  within  any  leasehold  shall  be  permitted  to  turn  loose 
more  than  one  head  of  cattle  or  horses  for  every  ten  acres  of  land 
purchased  by  him  and  unenclosed,  or,  in  lieu  thereof,  four  head  of 
sheep  or  goats  to  every  ten  acres  of  land  so  purchased  and  unen- 
closed. Each  violation  of  the  provision  of  this  act  which  restricts 
the  number  of  stock  that  may  be  turned  loose  on  lands  leased  from 
the  State  shall  be  an  offense,  and  the  offender  on  conviction  shall 
be  punished  by  fine  of  not  less  than  one  dollar  for  each  head  of 
stock  he  may  turn  loose,  and  each  thirty  days  violation  of  the 
provisions  of  this  section  shall  constitute  a  separate  offense. 

Sec.  16.  All  lessees  shall  pay  the  annual  rents  due  for  leased 
lands  directly   to  the  Treasurer  of  the  State 

Sec.  17.  If  any  lessee  shall  fail  to  pay  the  annual  rent  due 
in  advance  for  any  year,  within'  sixty  days  after  such  rent  shall 
become  due,  the  Commissioner  of  the  General  Land  Office  may 
declare  such  lease  canceled,  by  a  writing  under  his  hand  and  seal 
of  office,  which  writing  shall  be  filed  with  the  papers  relating  to 
such  lease,  and  thereupon  said  lease  shall  immediately  terminate 
and  the  lands  so  leased  shall  become  subject  to  purchase  or  lease, 
as  the  Commissioner  may  determine  for  the  best  interest  of  the 
State.  And  during  the  continuance  of  all  leases,  and  after  forfeiture, 
the  State  shall  have  a  lien  upon  all  the  property  upon  the  leased 
premises  to  secure  the  payment  of  all  rents  due,  which  lien  shall 
be  prior  and  superior  to  all  other  liens  whatsoever,  and  it  shall  not 
be  essential  to  the  preservation  or  validity  of  such  lien  that  it  shall 
be   reserved   in   the   instrument  of  lease. 

Sec.  18.  It  shall  be  unlawful  for  any  person  to  fence,  use,  oc- 
cupy, or  appropriate,  by  herding  or  line-riding,  any  portion  of  the 
public  lands,  of  the  State,  or  of  the  lands  belonging  to  any  par- 
ticular fund  specified   in  this  act,   without   having   Aral    obtained   a 


348  University  of  Texas  Bulletin 

lease  of  such  lands  in  accordance  with  the  provisions  of  this  act. 
Any  person,  whether  owner  of  stock,  manager,  agent,  employe,  or 
servant,  who  shall  fence,  use,  occupy,  or  appropriate,  by  herding 
or  line-riding,  any  portion  of  such  lands  without  a  lease  thereof, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion, be  fined  not  less  than  one  hundred  nor  more  than  one  thous- 
and dollars,  and  in  addition  thereto  shall  be  imprisoned  in  the 
county  jail  for  a  period  of  not  less  than  three  months  nor  more 
than  two  years 

Sec.  19.  The  provisions  of  this  act  as  set  forth  in  the  preceding 
section,  shall  not  apply  to  persons  who  are  moving,  or  gathering, 
or  holding  for  shipment  any  stock  mentioned  in  said  article:  Pro- 
vided, The  said  persons  have  not  erected  any  fence  on  such  lands, 
or  continue  on  said  lands  longer  than  one  week. 

Sec.  20.  All  enclosures  of  or  fences  upon  any  portion  of  the 
public  lands,  or  lands  belonging  to  the  public  free  school,  asylum, 
or  university  funds,  without  lawful  authority,  shall  be  removed 
within  sixty  days  from  the  time- this  act  shall  take  effect. 

Sec.  21.  It  shall  be  unlawful  for  any  person  or  corporation  who 
may  have  used  any  of  the  lands  by  joining  fences  or  otherwise,  to 
build  or  maintain  more  than  three  miles  lineal  measure  of  fence, 
running  in  the  same  general  direction,  without  a  gateway  in  same, 
which  gateway  must  be  «at  least  ten  feet  wide,  and  shall  not  be 
locked  or  kept  closed  so  as  to  obstruct  free  ingress  and  egress: 
.  .  .  Provided  further,  When  herds  of  cattle,  horses,  sheep  or 
goats  are  driven  through  this  State  from  one  place  to  another  place 
in  this  State,  and  it  becomes  necessary  for  such  stock  to  pass 
through  any  enclosed  pasture  of  any  person  who  has  leased  any 
of  the  aforesaid  lands,  such  lessee  of  such  enclosure  shall  permit 
such  stock  to  pass  through  such  pasture:  Provided,  The  owner 
of  such  stock  so  driven  through  any  such  enclosure  shall  move  the 
same  as  expeditiously  and  with  as  little  delay  as  practicable 
through  any  enclosure. 

Sec.  22.  The  Commissioner  of  the  General  Land  Office,  under 
the  direction  of  the  Governor,  may  withhold  from  lease  any  agri- 
cultural lands  necessary  for  purposes   of  settlement  or     ... 

Sec.  23.  The  sum  of  eighty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated,  out  of  the  several 
funds     ....     to  pay  the  expenses  of  executing  this  act, 

Sec.  24.  Leaseholds  created  under  the  provisions  of  this  act  shall 
be  exempt  from  all  taxation. 

Sec.  25.  Nothing  in  this  act  shall  be  construed  to  impair,  inter- 
fere with,  or  in  any  manner  affect  any  lease  or  sale,  or  the  rights 
growing  out  of  the  same,  made  under  former  laws,  of  the  lands 
herein   referred  to:      .... 


A  Source  Book  of  the  University  of  Texas  349 

Sec.  26..  All  laws  and  parts  cf  laws  in  conflict  with  this  act  are 
hereby  repealed;  and  the  Secretary  of  the  Land  Board  is  hereby 
authorized  and  directed  immediately  upon  the  passage  and  ap- 
proval of  this  act  to  deposit  with  the  Commissioner  of  the  General 
Land  Office  all  the  books,  papers,  and  records  belonging  to  or  per- 
taining to  said  Land  Board,  and  such  books,  papers,  and  records 
shall  hereafter  constitute  a  part  of  the  records  of  the  General  Land 
Office. 

Approved,  April  1,  1887. 

H.  B.  No.  509;   Ch.  115,  p.  107;   G.  9,  p.  905 

An  Act  to  provide  for  ascertaining  and  correcting  conflicts  and  errors 
in  surveys  of  lands  for  the  Common  School,  University,  or  Asylum 
Funds,  or  other  lands  in  which  the  State  may  be  interested;  to 
provide  for  the  resurvey  of  same,  and  for  patenting  and  repatent- 
ing  surveys  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  for  the  purpose  of  ascertaining  the  conflicts  and  errors  in 
and  making  proper  corrections  of  surveys  of  lands  made  for  the 
common  school,  university,  or  asylum  funds,  or  other  surveys 
in  which  the  State  may  be  interested,  directly  or  indirectly  in 
cases  where  from  discrepancies  or  imperfections  in  field  notes  it 
may  become  necessary  for  the  proper  compilation  of  maps,  or  for 
the  proper  location  and  identification  of  said  lands  upon  the 
ground,  the  Commissioner  of  the  General  Land  Office  is  hereby  in- 
vested with  full  power  and  authority  to  have  such  surveys  made  as 
he  may  deem  necessary,  and  to  appoint  competent  surveyors  for 
this  purpose. 

Sec  2.  Any  surveyor  appointed  under  the  provisions  of  this 
act  shall  make  and  execute  a  bond  in  the  sum  of  ten  thousand 
dollars,  conditioned  and  payable  the  same  as  bonds  of  county  and 
district  surveyors;  he  shall  also  take  the  oath  prescribed  by  the 
Constitution  for  other  officers;  said  bond  to  be  approved  by  the 
Commissioner  of  the  General  Land  Office,  and  shall  be  conditioned 
as  other  surveyors'  bonds.  He  shall  be  under  the  control  and  di- 
rection of  the  Commissioner  of  the  General  Land  Office  and  under 
such  direction  may  survey  the  common  school,  university,  and  asy- 
lum lands,  or  other'  lands  in  which  the  State  may  be  interested, 
and  prepare  and  return  field  notes  of  same,  and  certify  to  any  and 
all  facts,  and  generally  do  and  perform  such  official  acts  as  might 
lawfully  be  done  by  a  county  or  district  surveyor,  and  shall  sign 
his   name   officially   as   "State   Surveyor." 

Sec  3.  The  Commissioner  of  the  General  Land  Offiiv  may  have 
any  lands  belonging  to  the  common  school,  university,  or  asylum 
funds,  or  other  lands  in  which  the  State  may  be  Interested,  or  lands 


350  University  of  Texas  Bulletin 

alternating  therewith,  surveyed,  or  resurveyed,  and  field  notes  or 
corrected  field  notes  of  same  returned  to  his  office,  by  any  surveyor 
appointed  under  this  act,  which  field  notes  shall  have  the  same 
force  and  effect  as  if  made  by  the  county  or  district  surveyor  of 
the  county  or  district  in  which  said  land  lies,  and  upon  the  adoption 
and  approval  of  said  field  notes  by  the  Commisisoner  of  the  Gen- 
eral Land  office, , he  shall  forward  to  the  surveyor  of  the  county  or 
district  in  which  said  land  lies,  certified  copies  of  said  field  notes, 
which  thereafter  shall  be  a  part  of  the  records  of  said  surveyor's 
office.  In  carrying  out  the  provisions  of  this  act,  the  Commis- 
sioner of  the  General  Land  Office  may,  when  requested  by  the 
owner  of  lands  alternating  with  the  lands  resurveyed  under  the 
provisions  of  this  act,  cancel  patents,  and  in  lieu  thereof  issue  pat- 
ents in  accordance  with  said  resurvey:  Provided,  that  all  such 
owners  shall  pay  the  expenses  incurred  in  making  such  corrected 
surveys  of  their  lands  and  in  issuing  said  patents:  Provided,  That 
no  claim  shall  be  created  against  the  State  for  services  performed 
under  this  act  in  the  absence  of  a  previous  appropriation  therefor. 
Approved,  April  2,  188  7. 

H.  B.  No.  448;   Ch.  146,  p.  148;   G.  9,  p.  946 

An  Act  making  an  appropriation  for  the  support  of  the  State  gov- 
ernment for  the  years  beginning  March  1,  1887,  and  ending 
February   28,   1889,  and  for  other  purposes. 

STATE   UNIVERSITY 

For  the  support  and  maintenance  of  the  State  University  for  the 
two  years  ending  February  28,  1889,  for  the  erection  of  buildings, 
improvement  of  grounds,  and  purchase  of  all  necessary  accessories, 
to  be  under  the  control  of  the  board  of  regents,  all  of  the  avail- 
able university  fund  on  hand,  and  all  interest  on  the  permanent 
university  fund,  including  bonds  and  all  other  interest-bearing  in- 
debtedness now  or  hereafter  belonging  to  the  permanent  univer- 
sity funds  and  all  amounts  derived  from  the  lease  of  university 
lands,  subject,  however,  to  the  appropriation  herein  made  for  the 
Agricultural  and  Mechanical  College. 

AGRICULTURAL  AND  MECHANICAL   COLLEGE 

For  the  support  and  maintenance  of  the  Agricultural  and  Me- 
chanical College  for  the  two  years  beginning  March  1,  1887,  and 
ending  February  28,  1889: 

1888  1889 

out  of  the  General  Revenue $15,000  $10,000 

out  of  the  University  fund 5,000  5,000 

Approved  April  5,  '1887. 


A  Source  Book  of  tin   University  of  Texas  351 

No.   4,   H.  .).   R.,    No.    IS;    p.    1  .->(>;    (;.   !),   954 

JOINT  RESOLUTION  to  amend  Section  11  of  Article  7,  of  the  Con- 
stitution of  the  State  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  Section  11  of  Article  7  of  the  Constitution  of  the  State  of  Texas, 
be  so  amended  as  to  read  as  follows,  to  wit: 

Sec.  11.  It  is  hereby  declared  that  all  lands  and  other  property 
heretofore  set  apart  and  appropriated  for  the  establishment  and 
maintenance  of  the  University  of  Texas,  together  with  all  the 
principal  of  the  proceeds  of  sales  of  the  same  heretofore  made  or 
hereafter  to  be  made,  and  all  grants,  donations,  and  appropriations 
that  may  hereafter  be  made  by  the  State  of  Texas,  or  from  other 
source,  shall  constitute  and  become  a  permanent  University  fund. 
And  the  same  as  realized  and  received  into  the  treasury  of  the  State 
(together  with  such  sum  belonging  to  the  funds  as  may  now  be  in 
the  treasury),  shall  be  invested  in  bonds  of  the  United  States,  the 
State  of  Texas,  the  counties  in  said  State,  or  in  such  other  securi- 
ties and  under  such  restrictions  as  may  be  prescribed  by  law,  and 
the  State  shall  be  responsible  for  all  investments.  And  all  the  in- 
terest accruing  thereon  shall  be  subject  to  appropriation  by  the 
Legislature  to  accomplish  the  purpose  declared  in  the  foregoing 
section:  Provided,  That  the  cne-tenth  of  the  alternate  sections  of 
the  lands  granted  to  railroads  reserved  by  the  State,  which  were 
set  apart  and  appropriated  to  the  establishment  of  the  University 
of  Texas  by  an  act  of  the  Legislature  of  February  11,  1858,  en- 
titled "An  Act  to  establish  the  University  of  Texas,"  shall  not  be 
included  in  or  constitute  a  part  of  the  permanent  University  fund. 

Sec.  2.  The  foregoing  amendment  shall  be  submitted  to  a  vote 
of  the  qualified  electors  of  the  State  of  Texas  at  an  election  to  be 
held  for  that  purpose  on  the  first  Thursday  in  August,  1887,  at 
which  election  the  voters  favoring  this  amendment  shall  have  writ- 
ten or  printed  on  their  ballots  the  words  "For  the  amendment  to 
Article  7,"  and  those  opposed  the  words  "Against  the  amendment 
to  Article  7."  The  Governor  of  the  State  is  hereby  directed  to  issue- 
the  necessary  proclamation  for  said  election  under  the  laws  of  the 
State. 

Approved,  March  2  9,  1887. 

[At  the  election  held  Aim.  I.  1887,  for  or  agafnsl  amending  section  80, 
article   16;  section   24,  article  3;  section   11,  article  7;  section   12,  art) 

ti  m    !,  article  6;  and  article  5.  each   of  the  proposed  amendments   was 
overwhelmingly  defeated.     The  vote  on  section   11,  article  T.  was  66,9 
ami   165,856  against.     Beporl   of  Secretary  of  stair,   i^k  pp.   146-148.] 


352  University  of  Texas  Bulletin 

TWENTIETH  LEGISLATURE,  CALLED  SESSION,  APRIL 
16  TO  MAY  15,  1888 

MESSAGE  OF  GOVERNOR  L.  S.   ROSS 

April  16,  1888;  H.  J.,  p.  10;   S.  J.,  p.   11 

Four  hundred  and  eighty-three  thousand  five  hundred  dollars  o? 
these  bonds  belong  to  the  public  schools,  University  and  several  asy- 
lums. 

I  question  the  wisdom  of  paying  these  latter  bonds  at  their  ma- 
turity, in  view  of  the  fact  that  they  belong  to  these  special  funds, 
and  as  it  is  difficult  to  obtain  a  safe  investment,  the  money  would 
probably  remain  for  a  time  idle  in  the  treasury,  with  a  consequent 
loss  of  interest,  which  would  fall  upon  the  people  in  the  end 


But  $24  8,700.00  of  the  bonds  outstanding  and  soon  to  fall  due 
belong  to  private  parties  and  must  be  paid  at  maturity. 

If,  therefore,  you  do  not  disturb  the  present  rate  of  taxation,  we 
may  safely  calculate  upon  the  excess  of  receipts  after  disburse- 
ments to  supply  the  government  with  the  necessary  funds  to  meet 
its  obligations  to  these  private  creditors,  and  this  will  leave  you 
the  present  surplus  in  the  treasury,  less  the  amount  remitted  to  the 
tax-payers  to  be  disposed  of,  in  the  payment  of  existing  deficiencies 
on  revenue  account  heretofore  mentioned,  adjust  the  State  indebt- 
edness to  the  University 

April  19,  1888;  H.  J.,  pp.  26-36;    S.  J.,  pp.  21-31 

I  have  the  honor  to  submit  herewith  the  report  of  the  regents  of 
the  University  of  Texas  for  your  consideration. 

It  was  not  too  much  to  say  that  justice  to  a  great  State  institu- 
tion demands  that  some  action  be  taken  with  a  view  to  repay  the 
funds  of  which  it  has  been  deprived  by  State  agency  for  revenue 
purposes. 

[Pre-Numbered  Bulletin  [37]  is  here  printed  in  full.  The  Regents  claim 
that  the  State  owes  the  University  $431,1  SS.S5.  because  of  money  taken 
during  the  Civil  War,  plus  interest.  Also  printed  in  full  in  Lane.  pp. 
93-108.] 

PROCEEDINGS   IN  THE   LEGISLATURE 

H.   R.   4 — By  Mr.   Hudgins. 

To  repay  with  interest  the  University  fund  for  money  taken  by 
the  State  for  other  purposes. 

Reported  favorably.     H.  J.,  p.  267.     Lane,  p.  114,  115,  125. 
H.   B.  7 — By  Mr.  Gresham. 


A  Source  Book  of  tlu  University  of  Texas  353 

To  repay  the  University  fund  ( $0,786. G2,  $12,230.39,  $1,520.40, 
$14,495.73/  $40,000.00)*  and  apply  a  portion  of  the  repayment  to 
buildings  for  the  Medical  Department. 

H.   J.,  p.   267. 

Resulted    through   the   Free   Conference   Committee   in    a   loan   of 
$125,000    without    interest   to    the   University.      Lane,    p.    114,    115, 
122-130,   262,   263. 
H.  B.  34 — By  Mr.  Booth. 

To  repeal  an  act  entitled  an  act  to  amend  sections  9  and  10  of 
an  act  to  provide  for  classification,  sale  and  lease  of  lands  (includ- 
ing university). 

Reported  adversely.     H.  J.,  p.   270. 
H.  B.  93— -By  Mr.  McGaughey. 

To  loan  without  interest  to  the  available  university  fund  $100,- 
000  out  of  the  indemnity  fund. 

H.   J.,    p.    278. 
S.    B.    12 — By    Mr.    Armistead. 

To  repay  the  University  with  interest  divers  amounts  of  money 
drawn  therefrom  for  other  purposes  by  the  State.  (Amount  pro- 
posed   $217,678.86). 

S.  J.,  p.   159;   H.  J.,  p.   279. 

[After  much  Wrangling,  $  1 2 :"i , 0 n 0  wa«  loaned  to  the  Univer  Ity  as  a  full 
repayment  of  debts  that  the  Regents  claimed  amounted  with  interest  to 
$431,188.85.     This  $125,000  was  the  first  appropriation.] 

[See  Lane,  pp.  109-114,  and  pp.  68,  69,  70,  117,  lis.  119,  122,  for  legislative 
history  of  this  bill.] 

S.  R. By  Mr.  Burges. 

Resolved,  That  the  Senate  Committee  on  Education  he  and  are 
hereby  instructed  to  inquire  into  and  report  to  the  Senate  the 
amount  of  indebtedness  due  from  the  State  to  the  University  of 
Texas. 

Adopted.  Index  to  Legislature,  Twentieth  to  Twenty-fifth:  Office 
of  Secretary  of  State. 

GENERAL   LAWS 

S.  H.  B.  4,   7,  93,  and  S.   S.   B.   12  Anion-  Others.      Ch.   2<>.   p.    I«>; 

(;.  J),  i».  K»i7 

An  Act  making  additional  appropriations  for  the  support  of  the 
State  government  for  the  period  of  time  beginning  March  1,  1888, 
and  ending  February  28,  1889,  and  to  pay  certain  obligations  of 
the  State  incurred  prior  to  March  1,  1887. 


•[For  a  discussion  from  the  San   Antonio   Express  of  this  $40, 

originally    in    1N(>3    from    the    University    fund    by   Comptroller,    Lane, 

p.  130-132.] 

23 — 227 


354  University  of  T<  xns  Htilletin 

As  a  loan  to  the  available  fund  of  the  University  of 
Texas,  to  be  placed  to  the  credit  of  said  fund  out  of 
the  indemnity  fund  now  in  the  State  treasury,  and 
to  be  repaid  to  the  State  out  of  the  revenues  of  the 
University  on  or  before  January*  1,  1910,  without  in- 
terest     $125,000.00 

Of  which  the  sura  of  $50,000  is  hereby  appropriated  and  set 
apart  to  be  used  in  the  construction  of  buildings  for  the  Medical 
Branch  of  the  University  of  Texas,  at  the  City  of  Galveston.  Pro- 
tided,  That  the  said  City  of  Galveston  shall  donate  to  the  University 
of  Texas,  Block  No.  668  in  said  city,  to  be  used  for  the  Medical 
Branch  of  said  institution;  and  provided,  further,  That  the  execu- 
tors of  the  estate  of  John  Sealy,  deceased,  shall  agree  to  construct 
on  said  block,  at  a  cost  of  not  less  than  $50,000,  a  medical  hospital, 
which,  when  completed,  is  to  be  donated  to  the  Medical  Branch  of 
the  University  of  Texas,  and  to  be  under  the  control  of  the  Board 
of  Regents  of  said  University;  Provided,  further,  that  this  loan 
shall  be  in  full  payment  and  satisfaction  of  all  claims  of  the  Uni- 
versity of  Texas  against  the  State  of  Texas  for  moneys  drawn  from 
the  University  fund  by  said  State. 
Approved,  May  17,  1888. 

TWENTY-FIRST     LEGISLATURE,     REGULAR     SESSION, 
JANUARY  8,  TO  APRIL  6,  1889 

MESSAGE  OF  GOVERNOR  L.  S.  ROSS 
January   10,   1889;   H.  J.,  p.  23;    S.  J.,  p.  26 

THE  UNIVERSITY 

I  presume  every  friend  of  popular  education  desires  to  see  this 
institution  fostered  and  encouraged  until  its  success  is  fully  real- 
ized, and  it  becomes  the  pride  of  the  State,  to  which  every  poor 
boy  as  well  as  the  rich,  can  look  for  a  finished  education  at  home, 
with  Texas  ideas,  associations  and  ways,  and  it  is  certainly  desira- 
ble that  the  education  here  afforded  should  not  be  inferior  to  that 
which  may  be  obtained  abroad.  While  we  feel  a  laudable  ambition 
in  the  possession  of  a  university  of  the  highest  grade,  as  was 
clearly  contemplated  by  its  founders,  and  the  requirements  of  the 
organic  law,  yet  in  view  of  the  fact  that  it  is  dependent  in  its  op- 
erations upon  such  revenues  as  may  be  derived  from  its  perman- 
ent funds,  and  looking  at  the  matter  from  a  purely  business  stand- 
point, it  is  my  deliberate  judgment  that  it  is  not  only  violative  of 
sound  business  principles,  but  extremely  hazardous  to  its  perm- 
anent growth  and  standing,  to  continually  enlarge  its  scope  beyond 


A  Source  Book  of  thi   University  of  Texas  355 

its  available  revenue  upon  hopes  and  expectations  so  apt  to  prove 
delusive  and  unsatisfactory.  Its  present  insufficient  revenue  af- 
fords the  Board  of  Regents,  who  are  laboring  so  patriotically  and 
unselfishly  in  its  interests,  much  good  reason  to  impeach  the  wis- 
dom of  the  scheme  for  the  establishment  of  the  medical  bran<  h  at 
Galveston,  to  be  run  on  a  starvation  plan,  while  putting  the  Uni- 
versity upon  still  shorter  rations.  This  mode  of  applying  its  rev- 
enues certainly  discredits  good  business  judgment,  and  seems  to 
be  the  profusion  of  the  prodigal  rather  than  the  judicious  gener- 
osity or  justice  which  confers  real  and  lasting  benefits. 

It  is  a  matter  of  deep  regret  that  its  munificent  landed  endow- 
ment has  been  so  poorly  utilized  and  developed.  The  report  of 
the  honorable  Commissioner  of  the  Land  Office  sets  forth  clearly 
and  definitely  an  exposition  of  the  situation  of  these  lands,  show- 
ing the  causes  militating  against  their  lease  or  untilization  when 
brought  into  competition  with  the  common  school  lands,  so  much 
more  desirably  and  advantageously  located,  and  both  he  and  the 
Regents  present  for  your  consideration  some  practical  remedies, 
which  in  their  judgment  are  necessary  to  a  more  certain  and  satis- 
factory development  of  the  University's  resources.  As  the  Board 
of  Regents  is  composed  entirely  of  gentlemen  fully  engrossed  with 
the  cares  of  their  private  business  to  such  an  extent  that  they 
could  not  be  expected  to  devote  their  personal  attention  to  the 
management  and  proper  supervision  of  a  large  public  landed  in- 
terest, and  would  necessarily  have  to  establish  a  kind  of  branch 
land  office,  to  be  run  by  such  agents  as  could  be  obtained  for  the 
work.  The  proposition  to  turn  over  the  lands  belonging  to  thi» 
special  interest  has  much  connected  with  it  which  does  not  com- 
mend the  suggestion  to  my  judgment;  and  at  the  same  time  the 
history  and  the  experience  of  similar  interests  in  other  States- seem 
to  show  that  it  has  proven  wise  and  judicious  in  the  States  men- 
tioned. The  Legislature  is  the  trustee  charged  with  the  duty  of 
making  all  needful  regulations  for  the  disposition  of  these  funds 
and  the  proper  disposition  and  control  of  its  lands,  and  to  your 
superior   judgment   and    discretion    I    will    most    cheerfully    defer. 

SECOND  INAUGURAL   ADDRESS   <)l     LIEUT.    GOV.   T.    B. 
WHEELER 

January   15,   1889;    H.  ,1.,   p.   91;   S.  .].,  p.  .",<) 

Let  the  State  University  and  all  of  its  branches,  as  soon  as  prac- 
ticable, be  put  in  such  perfect  condition  that  they  cannot  be  excelled; 
so  that  Texas'  sons  and  daughters  will  remain  in  Texas  and  receive 
classical  education  in  our  own  institutions.      (Applause.) 


356  University  of  Texas  Bulletin 

Being  thus  educated,  our  people,  while  not  possessing  that  objec- 
tionable provincial  prejudice,  will  have  that  commendable  State  pride 
which  is  necessary  to  make  a  great  and  distinguished  people. 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.  B.  21 — By  Mr.  Tolar. 

To  validate  the  acts  of  the  Land  Board. 

Became  a  law.      H.  J.,  p.   1140;    S.  J.,  p.    978. 
H.  B.   40 — By  Mr.  Tolar. 

To  amend  sections  5,  7,  8,  9,  10,  11  and  14  of  an  act  to  provide 
for  the  sale  of  lands  heretofore  or  hereafter  surveyed  and  set  apart 
for  the  benefit  of  the  free  schools,,  university,  etc.  Approved  April 
1,    1887. 

Became  a  law.     H.  J.,  p.  1142;  S.  J.,  p.  979. 
H.  B.  48 — By  Mr.  Stevenson. 

To  provide  for  the  disposition  of  minerals  in  the  University,  asy- 
lum,  and   public   lands. 

Substitute  became  law.     H.  J.,  p.   1143;   S.  J.,  p.   979. 
H.  B.  233 — By  Mr.  Gresham. 

To  open  the  University  to  all  who  may  wish  to  enter:  to  limit 
the  matriculation  fee  to  $30,  tuition  in  law  to  $80,  in  Medical  De- 
partment to   $250. 

i 

Unfavorable   report;    passed.      Lost   in   Senate.      H.    J.,    p.    1166; 

S.  J.,  p.  983. 

H.  B.  241 — By  Mr.  Brown  of  Grayson. 

To  legalize  donations  to  the  University. 

Became  a  law.     H.  J.,  p.  1167;   S.  J.,  p.  983. 
H.  B.  24  9 — By  Mr.  McGaughey. 

To  set.  apart  the  remainder  of  the  public  domain  as  additional 
permanent   endowment  for  the  University. 

Reported   favorably.      Died   on  calendar.      H.   J.,   p.    1168. 
H.   B.    25  5 — By   Mr.   Brown   of   Grayson. 

To  place  the  University  lands  under  the  control  of  the  Regents. 

Reported  adversely.     H.  J.,  p.  1169. 
H.  B.  305 — By  Mr.  Stevenson  of  El  Paso. 

To  quiet  land  titles  in  the  towns  of  Socorro,  Ysleta,  and  San 
Elizario. 

Became  a  law.     H.  J.,  p.   1175;    S.  J.,  p.   984. 
H.  B.  338 — By  Mr.  Mays. 

To  validate  sales  made  by  the  Land  Board. 

Died  on  Speaker's  table.      H.  J.,   p.    1179. 
H.  B.   3  60 — By  Mr.   Gresham. 

Appropriation  bill. 

Became  a  law.     H.  J.,  p.  1181;  S.  J.,  p.  985. 
H.  B.  441 — By  Mr.  Tolar. 


A  Source  Book  of  the  University  of  Texas  357 

To  refund  to  lessees  of  public,  school,  University,  and  asylum 
lands  the  amounts  required  by  the  Land  Board  in  excess  of  four 
cents  per  acre  in  the  absence  of  competition. 

Reported   adversely.     H.  J.,   p.   1191. 
H.   B.   474 — By  Mr.   Lankford. 

To  extend  for  ten  years  the  payment  of  purchase  money  for  cer- 
tain lands. 

Became  a  law.     H.  J.,  p.  1195;   S.  J.,  p.  988. 
H.  B.  478— By  Mr.  Murrell. 

To  extend  for  ten  years  the  payment  for  the  University  and 
other  lands  sold  by  the  State. 

Became  a  law.     H.  J.,  p.   1195;   S.  J.,  p.  98S,  in  re  H.  B.,  474. 
H.  B.  565 — By  Mr.  Hayes. 

To  regulate  disbursements  of  all  appropriations  strictly  as  item- 
ized, unused  amounts  to  return  to  general  revenue. 

Lost  in  Senate.      H.  J.,  p.   1204;    S.  J.,  p.   990. 
H.  J.  R.   17 — By  Mr.  Gresham. 

To  amend  Art.  7,  Sec.  11  of  the  Constitution  relating  to  perm- 
anent University  fund  so  as  to  allow  investment  also  in  county  bonds. 

Reported  favorably.      Died  on  calendar.     H.  J.,  p.  1242. 

January   11,    1889;    H.   J.,   p.   49 

Mr.  Bryan  offered  the  following  resolution: 

Resolved,  That  a  committee  of  three  be  appointed  by  the  Speaker 
to  invite  Dr.  A.  Macfarlane,  professor  of  physics  in  the  University 
of  Texas,  to  inspect  with  the  committee  and  Superintendent  of  Pub- 
lic Buildings,  the  Hall  of  Representatives,  and  receive  from  bira 
the  suggestions  as  to  the  improvement  of  the  acoustic  properties 
of  the  hall,  so  that  the  members  may  hear  the  Speaker,  the  Clerk, 
and  each  other  in  the  proceedings  of  the  House. 

The  resolution  was  read  and  adopted. 

January  22,  1889;  H.  J.,  pp.  150-152 

[Report  of  Dr.  A.  Macfarlane,  professor  of  physics  in  University  of 
Texas,  to  Hon.  G.  M.  Bryan,  chairman  of  the  Committee  on  Acoustics, 
telling  how  to  improve  the  acoustics  of  the  halls.] 

S.   B.  7 — By  Mr.   Burney. 

To  validate  titles  to  certain  public  lands  sold  by  the  Land  Board. 

Did  not  reach  third  reading.     S.  J.,  p.   827. 
S.  B.   57 — By  Mr.  Armistead. 

To  confirm  the  exchange  of  lands  made  by  the  Land  Commis- 
sioner for  the  University  and  restore  the  rejected  blocks  to  the 
public  domain. 


X)X  University  of  Texas  Bulb  l in 

Failed   to   reach   second  reading.     S.  J.,  p.   833. 
S.    B.   8  9 — By  Mr.  Stephens. 

To   sell  the  school   lands  and  prevent  their   free   use.      Unfavor- 
ably reported.      S.  J.,   p.    837. 
S.   B.   93 — By   Mr.   McDonald. 

To  place  the  University  lands  under  the  control  of  the  Regents. 

Not  reported   from   Committee.      S.   J.,    p.   83  7. 
S.   B.   94 — By   .Mr.    .McDonald. 

To  legalize  the  donation  of  property  to  the  University  and  to 
secure  the  accomplishment  of  the  objects  of  the  donors. 

Became  a  law.      S.  J.,  p.   837;   H.  J.,  p.  1224. 
S.   B.    123 — By  Mr.  Jarvis. 

Appropriation   bill. 

Not  engrossed.      S.   J.,   p.   841;    H.   J.,  p.   1225. 
S.   B.   144 — By   Mr.    Burney: 

To  provide  for  the  exclusive  management  and  control  of  the 
University  lands  by  the  Regents. 

Not  reported  from   Committee,      S.  J.,   p.    843. 
S.    B.    169 — By   Mr.    Harrison. 

To  provide  for  the  survey,  classification  and  disposition  of  the 
lands  embraced  in  chapter  19  of  the  General  Laws  of  the  Sixteenth 
Legislature,    approved    February    25,    1879. 

Went  to  Governor.     Vetoed.      S.  J.,  p.   846;    H.  J.,  p.   1227. 
S.    B.    194 — By  Mr.   Stephens. 

To  authorize  the  State  Treasurer  to  refund  money  improperly 
paid    in    for    public    lands,    including    University. 

Not  reported  by  Committee.     S.  J.,   p.   850. 
S.   B.    214 — By   Mr.   Armistead. 

To  provide  for  the  issuance  of  bonds  of  the  State  to  supply  defi- 
ciencies in  the  revenue  and  for  the  sale  of  said  bonds  to  the  per- 
manent University  fund. 

Became  a  law.     S.  J.,  p.  853;   H.  J.,  p.  1230. 
S.    B.    342 — By   Mr.    Burges. 

To  amend  the  law  providing  for  the  lease  and  sale  of  the  public 
lands  and  the  prevention  of  their  free  use. 

Died  in  Committee.  [Not  listed  in  Index  of  Bills;  S.  J.,  p.  872.] 
S.   B.    352 — By  Mr.    Burges. 

To  amend  the  law  providing  for  the  lease  and  sale  of  the  public 
lands   and   prevention   of  free  use. 

Died  in  Committee.     S.  J.,  p.  873. 

GENERAL   LAWS 
S.  H.  B.  40;  Ch.  56,  pp.  50-5&;   G.  9,  pp.  1078-1081 

An  Act  to  amend  Sections  5,  8,  11,  13,  14,  15,  and  22,  Chapter  99, 
of  an  act  entitled  An   Act  to   provide   for   the   sale  of   all   lands 


A  Sourci  Book  of  ilu   University  of  Texas'  359 

heretofore    or    hereafter    surveyed    and    set    apart    for    the    henefit 
of  the  public   free  schools,   the   university,   ami   the   several 
lums,  and  the  lease  of  such  lands  and  of  the  public  lands  of  the 
state,  and  to  prevent  the  free  use,  occupancy,  unlawful  enclosure, 
or    unlawful    appropriation   of    such    lands,    and    to    prescribe    and 
provide   adequate    penalties   therefor,   approved    April    1,    L887. 
Section  1.     B>    it  enacted  by  the  Legislature  of  the  state  of  7< 
,  That   sections   5,    8,    11,    13,    15,    and    22,    of   an    act   to   provide    for 
the    sale    of    the    lands    heretofore    or    hereafter    surveyed,   and    set 
apart  for  the  benefit  of  the  public  free  schools,  the  university,  and 
the  several   asylums,   and   the  lease   of  such   lands  and  of  the  pub- 
lic lands  of  the  state,  and  to  prevent  the   free  use,   occupancy,    un- 
lawful enclosure,  or  unlawful   appropriation   of  such   lands,   and    to 
prescribe   and   provide   adequate   penalties   therefor,    be   so   ani> 
as  to  hereafter  read  as  follows: 

Section  5.  When  any  portion  of  said  land  has  been  classified  to 
the  satisfaction  of  the  commissioner  under  the  provisions  of  this 
act  or  former  laws,  such  land  shall  be  subject  to  sale,  but  to  actual 
settlers  only,  and  in  quantities  of  not  less  than  eighty  acres  and  in 
multiples  thereof,  nor  more  than  one  section  containing  six  hun- 
dred and  forty  acres,  more  or  less:        .... 

Section  11.  If  upon  the  first  clay  of  August  of  any  year  the  in- 
terest due  on  any  obligation  remains  unpaid,  the  purchaser  shall 
have  until  the  first  day  of  the  following  January  in  which  to  pay 
said  interest,  and  for  said  default  said  purchaser  shall  pay  fifty 
per  cent  penalty  on  said  interest  then  past  due;  and  if  said  pur- 
chaser shall  fail  to  pay  said  past  due  interest  and  penalty  on  or 
before  said  first  day  of  January,  the  commissioner  of  the  general 
land  office  shall  endorse  on  such  obligation  "land  forfeited,"  and 
shall  cause  an  entry  to  that  effect  to  be  made  on  the  account  kept 
with  the  purchaser,  and  thereupon  said  land  shall  be  forfeited  to 
the  state  without  the  necessity  of  re-entry  or  judicial  ascertain- 
ment,     .... 

Section  14.  The  public  lands,  aird  all  lands  belonging  to  the 
public  free  schools,  asylums,  or  university  fund,  shall  be  leased  by 
the  commissioner  of  the  general  land  office  in  accordance  with  the 
provisions  of  this  act.  All  of  such  lands  lying  north  of  the  Texas 
and  Pacific  Railroad  and  east  of  the  Pecos  River  shall  be  leased 
for  a  period  not  longer  than  six  years,  except  as  hereinafter  pro- 
vided; and  all  lands  lying  south  of  the  Texas  and  Pacific  Railroad 
and  all  lands  west  of  the  Pecos  River,  and  all  university  lands,  and 
all  lying  in  the  counties  of  Andrews,  Gaines,  Terry,  and  Yoakum, 
shall  be  leased  for  a  period  not  longer  than  ten  years,  and  the 
lessee  shall  pay  an  annual  rental  of  four  cents  per  acre  for  all 
lands   leased:      Provided,     That    the     university    lands    may    be    leased 


360  University  of  Texas  Bulletin 

at  three  cents  per  acre  per  annum,  which  rental  shall  be  paid  each 
year  in  advance,  the  first  payment  to  be  made  at  the  time  the  lease 
is  executed,  and  if  at  the  termination  of  the  lease  such  land  is  still 
subject  to  lease,  the  lessee  or  lessees  thereof  whose  term  of  lease 
is  expired  shall  have  the  refusal  of  such  lands  as  he  has  been  leas- 
ing on  the  terms  and  at  the  price  that  may  be  fixed  therefor  by  the 
commissioner  of  the  general   land  office 

Section  22.  The  commissioner  of  the  general  land  office,  under- 
the  direction  of  the  governor,  may  withhold  from  lease  any  agricul- 
tural lands  necessary  for  purposes  of  settlement,  and  no  agricul- 
tural land[s]  shall  be  leased  if  in  the  judgment  of  the  commis- 
sioner they  may  be  in  immediate  demand  for  settlement,  but  such 
lands  shall  be  held  for  settlement,  and  sold  to  actual  settlers  only, 
under  the  provisions  of  this  act,  and  all  sections  or  fraction  of  sec- 
tions, in  all  counties  organized  prior  to  the  first  day  of  January, 
1875,  except  El  Paso,  Pecos,  and  Presidio  counties,  which  sections 
are  detached  and  isolated  from  other  public  lands,  may  be  sold  to 
any  purchaser,  except  to  a  corporation,  without  actual  settlement, 
at  not  less  than  two  dollars  per  acre,  upon  such  terms  as  the  com- 
missioner of  the  general  land  office  may  prescribe. 

Approved  April  8,  1889. 

S.  H.  B.  No.  360;   Ch.  67;  p.  74;  G.  9,  p.  1102 

AN  ACT  making  appropriations  for  the  support  of  the  state  gov- 
ernment for  the  years  beginning  March  1,  1889,  and  ending 
February  28,  1891,  and  for  other  purposes. 

STATE  UNIVERSITY 

For  the  support  and  maintenance  of  the  State  Univer- 
sity, all  the  available  fund,  to  be  under  the  control  of 
the  board  of  regents,  less  the  appropriation  here- 
in made  for  the  Agricultural  and  Mechanical  College; 
for  purchase  of  grounds  in  the  city  of  Galveston  for 
the  location  of  the  Medical  Branch  of  the  University 
of  Texas,  the  sum  of  twenty-five  thousand  dollars,  to 
be  paid  out  of  the  general  revenue,  or  so  much 
thereof  as  may  be  necessary:  Provided,  The  city  of 
Galveston  or  its  inhabitants  shall  donate  the  sum  of 
twenty-five  thousand  dollars  to  be  used  in  addition  to 
the  fifty  thousand  dollars  heretofore  appropriated  by 
the  state  for  the  construction  of  buildings  for  said 
Medical   Branch   at  the  City  of  Galveston. 


A  Source  Book  of  the  University  of  Texas  361 

For  the  support  of  the  university  out  of  the  general  rev 
enue:  Provided,  The  university  spend  an  equal 
amount  out  of  the  available  university  fund  for 
completing    and    furnishing    the    building $25,000.00 

For    the    support    and    maintenance    of    the    Agricultural 

and   Mechanical  College  out  of  the  general  revenue.  .  $19,500.00 

out  of  the  University   fund 500.00 

Approved  April  8,  18  89. 

S.  B.   Xo.  214;    Chapter  71;   p.  81;   G.  O,   p.    1109 

An  Act  to  provide  for  the  issuance  of  bonds  of  this  state  to  sup- 
ply deficiencies  in  the  revenue,  and  to  provide  the  manner  of  the 
sale  of  such  bonds  to  the  board  of  education  for  the  perman- 
ent university  fund. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  the  governor  be  and  is  hereby  authorized  and  directed  to 
have  issued  manuscript  bonds  of  the  State  of  Texas,  to  be  sold, 
or  exchanged  at  par,  for  the  permanent  university  fund  at  any 
time  when  there  is  on  hand  in  cash  any  reasonable  amount  of 
such  funds  not  less  than  five  thousand  dollars. 

Sec.  2.  That  said  bonds  shall  be  of  such  denomination  as  the 
governor  may  direct,  and  shall  be  redeemable  at  the  pleasure  of  the 
state,  and  shall  bear  interest  at  the  rate  of  five  per  centum  per 
annum,  payable  annually  at  the  state  treasury  on  the  first  day  of 
March  of  each  year. 

Sec.  3.  That  bonds  issued  under  this  act,  the  title  of  which 
and  the  date  of  its  passage  shall  be  recited  therein,  shall  be  signed 
by  the  governor  and  treasurer  and  countersigned  by  the  comptrol- 
ler, and  shall  be  registeded  in  the  office  of  the  state  treasurer; 
and  after  said  bonds  have  been  registered  the  govrnor  shall  offer 
said  bonds  to  the  board  of  education  as  an  investment  for  the  per- 
manent university  fund  then  on  hand  in  cash  which  are  by  law 
authorized  to  be  invested;  and  if  the  board  of  education  take  such 
bonds,  the  treasurer  and  comptroller  shall  make  the  proper  entry, 
showing  the  facts  of  the  transaction  and  the  necessary  transfer 
of  such  fund  on  their  books;  and  if  the  board  of  education  shall 
not  take  said  bonds  thus  offered,  the  same  shall  be  destroyed  and 
canceled  and  of  no  effect  whatever. 
Approved,  April  2,  1889. 

S.  H.  B.  474  and  478;  Ch.  92,  p.  105;  G.  9,  p.  1133 

An  Act  extending  for  ten  years  the  payment  of  the  principal  of  the 
purchase  money  for  lands  purchased  under  the  two  acts  of  the 
legislature  herein  named. 


:>(j:2  University  of  Texas  Hull*  I  in 

Whereas,  under  an  act  of  the  legislature  of  this  State  providing 
for  the  sale  of  university  lands,  approved  April  8,  1874,  and  an 
act  of  the  legislature  of  this  state  providing  for  the  sale  of  the 
common  school  lands,  approved  July  8,  1879,  many  of  said  lands 
were  sold  on  a  credit  of  ten  years,  the  principal  bearing  ten  per 
cent  interest  per -annum;   and 

Whereas,  Many  of  the  obligations  given  fcr  said  lands  are  now 
due  or  about  to  become  due,  and  said  purchase  money  is  bringing 
to  the  state  a  higher  rate  of  interest  than  can  be  otherwise  obtained 
for  the  same;    and 

Whereas,  It  is  to  the  interest  of  the  school  and  university  funds, 
to  which  such  lands  belong,  that  the  time  for  the  payment  of  the 
principal  of  the  purchase  money  be  extended;   therefore, 

Sectiox  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  all  purchasers  of  said  lands  under  either  of  the  above  recited 
acts,  or  their  assignees,  shall  have  ten  years  from  the  date  when  their 
original  obligations  given  for  said  land  shall  have  fallen  due  within 
which  to  pay  the  principal  of  said  obligations,  and  no  forfeiture  of 
said  lands  shall  be  declared  on  account  of  the  non-payment  of  the 
principal  of  said  obligations  until  the  expiration  of  ten  years  from 
date  of  the  maturity  of  the  same  as  originally  made;  Provided, 
this  act  shall  not  apply  to  any  purchaser  or  assignee  who  shall  fail 
or  refuse  to  pay  within  twelve  months  from  date  of  approval  of 
this  act  all  accrued  interest  due  the  state  on  his  original  obligation 
or  contract. 

Sec.  2.  Nothing  in  this  act  shall  be  construed  to  in  any  respect 
relieve  said  purchasers  from  the  payment  of  interest  on  said  land 
in  the  manner  or  on  the  terms  prescribed  in  said  original  acts,  nor 
to  prevent  a  forfeiture  of  said  lands  for  a  failure  to  comply  with 
the  terms  of  said  original  obligations  in  the  payment  of  interest. 

Approved  March   5,   1889. 

S.  H.  R.  21;  Ch.  93,  pp.  106-107;  G.  9,  pp.  1134-1135 

An  Act  to  make  valid  and  confirm  certain  contracts  of  sale  made 
by  the  land  board  of  the  state  of  Texas  with  divers  persons  for  the 
sale  of  certain  of  the  free  school,  uniyersity,  and  asylum  lands 
of  the  state  of  Texas,  sold  under  the  act  of  the  legislature  of  the 
state  of  Texas,  approved  April  12th,  1883. 

Whereas,  The  land  board  of  the  state  of  Texas,  duly  appointed 
for  that  purpose,  did  make  contracts  under  the  act  of  April  12,  1883, 
for  the  sale  to  certain  divers  persons  of  the  free  school,  university 
and  asylum  lands  of  this  state;  and 

Whereas,  Many  of  such  persons  acting  in  good  faith,  believing 
that  the  said  contracts  were  valid  and  binding  and  secured  to  them 
the  right  to  acquire  valid  titles  to  said  lands  by  a  compliance  there- 


A  Sourd  Book  of  ih<   University  of  Texas 

with,  have  paid  to  the  State  a  part  of  the  purchase  price  of  the  said 
lands  and  interest  on  the  amount  of  the  said  contract  price  for  s< 
years;   and 

Whereas,   It  has    been   found   that  the   said    contracts    were   made 
by  the  said  land  board  in  many  instances  without  a  strict  compliance 
with  the  requirements  of  the  said  law,   whereby  the  said  com 
are  rendered  invalid  and  said  purchasers  have  failed  to  acquire  any 
right  under  the  said  purchases  and  contracts  so  made;   and 

Whereas,  It  is  inequitable  and  unjust  that  the  said  parties  bo 
acting  in  good  faith,  who  have  complied  with  their  said  contracts 
should  be  deprived  of  their  equities,  so  attempted  to  be  acquired  and 
which  the  state  in  good  faith  intended  to  confer  upon  them,  by 
reason  of  the  failure  of  the  said  land  board  to  comply  with  the 
technical  requirements  of  said  law,  and  thus  lose  the  benefit  of 
what  they  have  paid  on  said  contracts  and  be  deprived  of  the  said 
lands;  Therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  '/' 
That  all  contracts  made  by  the  land  board  of  the  state  of  Texas  for 
the  sale  of  the  free  school,  university,  and  asylum  lands  under  the 
act  of  April  12,  1883,  to  any  person  who  has  in  good  faith  made 
such  purchase  and  in  good  faith  has  complied  with  the  requirements 
of  said  act,  the  rules  and  regulations  of  the  state  land  board,  and 
the  terms  and  conditions  of  his  said  contract,  shall  be  and  are  hereby 
made  valid  and  binding  upon  the  state  in  the  same  manner  as  if 
the  said  land  'board  had  in  all  particulars  complied  with  the  re- 
quirements of  the  said  law. 

Sec.  2.  This  act  shall  not  apply  to  any  person  or  persons  who 
have  failed  to  make  a  bona  fide  settlement  upon  the  said  land  in 
such  case  as  by  the  terms  of  his  contract  or  the  requirements  of 
said  land  board  settlement  was  required,  nor  to  any  person  or  per- 
sons who  entered  into  such  contracts  of  purchase  under  the  agree- 
ment or  promise  on  their  part  that  actual  settlement  should  be  made 
thereon,  unless  he  or  they  have  made  such  actual  settlement  in 
good  faith   as  required. 

Sec.  3.  The  title  of  all  vendees  or  assignees  who  on  the  first 
day  of  January,  1889,  were  actual  bona  fide  settlers,  upon  any  land 
purchased  from  the  aforesaid  land  board,  holding  said  land  under 
deed  or  regular  chain  of  title  from  the  original  purchasers,  and 
who  are  still  residing  upon  said  land — in  cases  where  the  original 
purchaser  failed  to  comply  with  the  law  and  the  requiremenl 
said  land  board,  as  to  settlement  and  occupancy,  hut  where  the  an- 
nual installments  of  interest  have  been  paid — are  hereby  validated 
and  confirmed;  Provided,  The  provisions  of  this  section  shall  not 
refer  to  nor  include  more  than  one  section  of  agricultural  or  three 
sections  of  grazing  lands. 


364  University  of  Texas  Bulletin 

Sec.    4.     All   patents   heretofore   issued   for  any  lands   sold   by   the 
state  land  board  under  act  of  April  12,  1883  are  hereby  validated. 
Approved  March  12,  1889. 

H.  B.  No.  241;  Ch.  119,  pp.  113-144;  <5.  9,  p.  1171 

An  Act  to  legalize  the  donation  of  property  to  establish  or  assist  in 
establishing  professorships  [or]  scholarships  in  the  University 
of  Texas  or  any  of  its  branches,  and  to  provide  for  the  protection 
and  security  of  their  benefits  in  accomplishing  the  object  of 
their  donor. 

Whereas,  The  University  of  Texas  is  not  a  corporation  capable  of 
receiving  a  title  to  property  donated,  being  an  institution  of  learn- 
ing under  the  control  of  the  state  government:     Therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  any  person,  association  of  persons,  or  body  corporate  mak- 
ing a  donation  of  property  for  the  purpose  of  establishing  or  of  assist- 
ing in  the  establishment  of  a  professorship  or  scholarship  in  the 
university  or  any  of  its  branches,  either  temporarily  or  permanently, 
may  vest  the  legal  title  of  the  property  in  any  person  or  persons, 
body  corporate  of  the  state  of  Texas,  to  be  held  in  trust  for  said 
purpose  under  such  directions,  limitations,  and  provisions  as  may 
be  declared  in  writing  in  the  donation  which  are  not  inconsistent 

with  the  objects  and  proper  management  of  said  institution  or  its 

i 

branches. 

Sec.  2.  It  shall  be  unlawful  for  the  person  or  persons  or  body  cor- 
porate to  declare  and  direct  the  manner  in  which  said  title  to  said 
property  shall  thereafter  pass  or  be  transmitted  from  the  person 
or  persons  or  body  corporate  receiving  it  to  others  in  continued 
succession  to  be  held  and  appropriated  to  the  use  aforesaid,  and  it 
shall  be  lawful  for  the  donor  or  donors  to  declare  and  direct  the 
persons  or  class  of  ^persons  who  shall  receive  the  benefit  of  said 
donations,  together  with  tne  manner  in  which  tne  person  or  persons 
who  shall  receive  said  benefits  shall  be  from  time  to  time  selected, 
as  it  may  become  necessary  to  carry  out  the  object  of  the  donation; 
Provided,  Said  declarations  and  directions  are  not  inconsistent  with 
the  proper  management  of  said  institution  or  its  branches. 

Sec.  3.  That  in  the  event  there  is  a  failure  to  transmit  the  title 
to  the  property,  or  to  bestow  its  use  in  the  manner  as  declared  and 
directed  in  the  donation,  or  in  the  event  they  are  either  of  them 
should  become  impracticable  from  the  change  of  circumstances  the 
title  to  the  property,  unless  otherwise  directed  expressly  by  the 
donor,  shall  vest  in  the  state  of  Texas  to  be  held  in  trust  to  carry 
into  effect  the  purposes  of  the  donation,  as  nearly  as  may  be  practi- 
cable by  such  agencies  as  may  be  provided  therefor. 


A  Source  Book  of  the  University  of  Texas  365 

Sec.  4.  That  the  title  to  said  property  donated  shall  be  received, 
and  the  trust  conferred  in  the  donation  shall  be  assumed,  subject  to 
laws  that  may  be  passed  and  carried  into  effect  from  time  to  time 
which  may  be  necessary  to  prevent  a  loss  of  or  damage  to  the  prop- 
erty donated  or  an  abuse  or  neglect  of  the  trust  so  as  to  defeat, 
materially  change,  or  prevent  the  objects  of  the  donation. 

Sec.  5.  The  copies  cf  said  donation  shall  be  procured  and  filed 
with  the  board  which  may  have  control  of  the  university  or  any  of 
its  branches  to  which  the  donation  applies,  which  board  shall  report 
the  condition  and  management  of  the  property  and  the  manner  in 
which  the  trust  is  being  administered  as  part  of  the  matters  reported 
pertaining  to  said  institution 

Approved  March  21.  1889. 

[S.  B.  94,  Ch.  120,  pp.  144-145;  G.  9,  p.  1172,  is  identical  with  H.  R.  241, 
Ch.  119.] 

TWENTY-SECOND   LEGISLATURE,   REGULAR   SESSION, 
JANUARY  13,  TO  APRIL  13,  1891 

MESSAGE  OF  GOVERNOR  L.  S.   ROSS 
January  15,  1801;  H.  J.  pp.  36-37;  S.  J.  pp.  10-17 

STATE  UNIVERSITY 

The  reports  of  the  various  departments  of  the  University,  which 
have  been  furnished  from  the  proper  sources,  show  the  condition  and 
management  of  its  affairs.  It  has  been  the  earnest  effort  of  the 
board  of  regents  to  place  it  in  the  first  rank  of  the  educational  insti- 
tutions of  the  country,  and  to  so  strengthen  and  maintain  it  with 
the  means  at  their  disposal,  that  the  youth  of  Texas,  male  and 
female,  might  enjoy  the  advantages  of  education  equal  to  those  of 
any  other  state.  Its  excellent  corps  of  professors  are  men  of  the 
highest  attainments,  who  have  distinguished  themselves  in  their 
particular  lines  of  study,  and  the  influence  of  the  university  is 
being  felt  for  good  in  our  state  by  the  character  and  proficiency 
of  the  young  men  annually  leaving  its  halls.  The  attendance  has 
increased  and  the  structures  for  which  the  legislature  made  provi- 
sion have  been  completed  in  a  substantial  manner,  and  Major  Brack- 
enridge,  a  worthy  citizen  of  San  Antonio,  recently  added  to  its  en- 
dowment by  the  erection  of  an  elegant  club  house,  costing  $18,000, 
and  I  desire  in  this  public  way  to  give  expression  of  my  high  ap- 
preciation of  the  generous  act.  To  insure  the  success  of  this  Uni- 
versity it  must  have  an  adequate  permanent  endowment  fund,  that 
will  give  a  certainty  and  uniformity  of  income  upon  which  r 
gents  can  always  rely  and  relieve  the  legislature  of  the  contests 
which   usually   attend    the   passage  of   laws   making  appropriations. 


366  University  of  Texas  Hull*  I'm 

The  recommendations  made  for  the  increase  of  funds  from  every 
source  should  have  that  careful  consideration  which  their  impor- 
tance deserve.  Reports  of  the  regents  and  chairman  of  the  faculty, 
and  the  commissioner  of  the  land  office,  will  advise  you  as  to  its 
needs  in  the  way  of  appropriations  and  the  disposition  made  of  its 
land  interests.  On  the  20th  day  of  March,  1881,  an  act  was  passed 
by  the  legislature  authorizing  the  employment  of  counsel  and  the 
institution  of  suits  against  persons  claiming  certain  portions  of  the 
University  lands  in  McLennan  and  Hill  Counties,  for  the  recovery 
of  such  lands.  These  lands  so  claimed  adversely  to  the  state 
amounted  to  about  14,000  acres,  and  were  claimed  by  the  assignees 
of  Joachin  Marena  under  an  alleged  grant  of  eleven  leagues  made 
to  him  by  the  government  of  Coahuila  and  Texas,  anterior  to  the  in- 
dependence of  Texas,  but  not  recorded  in  McLennan  county  until 
about  the  year  1871.  In  accordance  with  authority  conferred  by 
this  statute,  one  of  my  predecessors.  Governor  Roberts,  employed 
the  law  firm  of  Clark  &  Dwyer  of  Waco,  as  attorneys  for  <he  State, 
who  brought  actions  in  the  district  court  of  McLennan  county  against 
certain  occupants  of  the  disputed  lands,  and  among  them  a  certain 
action  entitled:  "The  State  of  Texas  vs.  Jenny  Lewis."  After  I  had 
entered  upon  the  duties  of  my  present  office,  I  requested  of  said 
attorneys  information  as  to  the  status  of  said  litigation.  They  re- 
ported that  "After  institution  of  said  actions,  Martinez  Del  Rio  and 
his  brother,  natives  of  Mexico,  but  claiming  to  be  subjects  of  Great 
Britain,  had  entered  their  appearance  in  said  suits  as  landlords  of 
defendants,  and  had  filed  petition  and  bond  for  removal  to  the 
United  States  circuit  court  at  Waco;  that  the  district  judge,  after 
argument,  had  refused  fo  enter  an  order  approving  the  bond  or 
removing  the  case,  and  that  thereupon  the  real  defendants,  the 
Messrs.  Rios,  through  their  attorneys,  had  filed  a  transcript  of  the 
proceedings  in  the  circuit  court  of  the  United  States  at  Waco,  and 
that  court,  after  three  attempts  on  the  part  of  the  state  to  remand 
the  cause  to  the  state  court,  had  refused  to  remand  and  retained 
jurisdiction."  Said  attorneys  further  reported  that,  "in  their  opin- 
ion the  United  States  court  had  no  jurisdiction  of  the  case  by  law, 
but  before  the  erroneous  rulings  of  the  circuit  and  district  judges 
could  be  corrected,  the  cause  would  have  to  be  tried  finally,  and  a 
writ  of  error  prosecuted  by  the  State  to  the  Supreme  Court  of  the 
United  States,  which  would  involve  several  years,  as  the  case  was 
not  one  under  the  rules  of  the  Supreme  Court,  likely  to  be  advanced 
for  early  hearing  on  motion."  Upon  the  merits  of  the  case  said 
attorney  further  reported  that,  "Upon  the  law  and  the  evidence 
taken  and  on  file,  they  were  of  the  opinion  that  the  defendants  had 
the  superior  title  under  our  own  decisions,  and  that  their  title 
would  probably  finally  prevail  even  upon  a  trial  in  the  state  court." 
In  the  latter  part  of  1888  said  attorneys  further  reported  that,  "said 


.1  Source  Boo/,'  of  tJn   University  of  Texas  367 

suit  could  be  compromised  by  a  division  of  the  lands  in  dispute,  if 
such  compromise  was  desirable."  As  the  matter  involved  the  prop- 
erty and  revenues  of  the  University,  the  proposition  was  submitted 
informally  by  me  to  the  regents  and  with  their  advice  and  consent 
the  matter  was  compromised,  vesting  the  title  by  appropriate  decree 
in  the  state  to  6,750  acres  of  this  land.  I  confidently  commit  this 
great  institution  to  your  fostering  care  and  protection  and  invoke 
for  it  generous  aid. 

MESSAGE  OF  GOVERNOR  J.  S.  HOGG 

January  21,  1801;  H.  J.  p.  110;  S.  J.  p.  62 

THE  UNIVERSITY 

The  University  is  within,  a  part  of,  and  belongs  to  the  public  free 
school  system  of  this  State — a  fact  that  can  be  admitted  with  pride. 
The  constitution  requires  the  Legislature  to  provde  for  the  main- 
tenance, support,  and  direction  of  this  institution  so  that  it  shall  be 
first  class  for  the  promotion  of  literature,  the  arts,  and  sciences. 
Thus  imbeded  in  the  organic  law,  its  importance  cannot  be  denied. 
The  people  have  recently  expressed  their  will  that  it  and  its  branches 
and  all  other  public  educational  institutions  of  the  State  shall  be 
properly  endowed  and  maintained.  As  a  branch  of  the  university, 
the  agricultural  and  mechanical  college  forms  a  part,  which,  by  the 
law  of  its  creation  and  the  constitution,  was  instituted  for  instruc- 
tion in  agriculture,  the  mechanical  arts  and  the  sciences  connected 
therewith.  Both  of  these  institutions  are  now  important  charges 
upon  the  public  for  proper  care  and  support. 

The  common  free  schools  are  intended  for  the  education  of  the 
masses  in  the  English  language,  so  that  they  may  be  capable  of 
self-government  and  the  preservation  of  their  rights  and  liberties. 
To  the  ambitious  of  both  sexes  who  aspire  and  wish  to  become  edu- 
cated in  general  literature  and  the  arts  and  sciences  connected  with 
the  professional  as  well  as  agricultural  and  mechanical  pursuits,  the 
University  and  its  branches  ought  to  afford,  in  a  great  State  like 
this,  all  opportunities  and  facilities  they  may  desire.  They  are  but 
the  creatures  of  the  pride  of  a  great  and  generous  people  and  de- 
serve to  be  maintained  to  the  full  standard  fixed  by  the  Constitu- 
tion. The  endowments  of  neither  are  sufficient  to  do  this,  but  the 
people  demand  that  it  shall  be  done.  In  the  wisdom  of  the  Legis- 
lature  the  way  is  possible,  and  it  is  hoped  your  honorable  bodies 
will  be  equal  to  the  emergency  and  fully  discharge  the  obligations 
so  imposed. 


368  University  of  Texas  Bulletin 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  121.     By  Mr.  Martin  of  Somervell. 

To  license  to  practice  law  a  holder  of  a  diploma  from  the  Law  De- 
partment. 

Became  a  law.     H.  J.  p.  1008;  S.  J.  p.  802. 
H.  B.  23  6 — By  Mr.  Browning. 

To  validate  certain  sales  of  public  school,  University  and  asylum 
lands. 

Became  a  law.     H.  J.  p.  1022;   S.  J.  p.  805. 
H.  B.  259 — By  Mr.  McKinney. 

To  set  aside  the  public  domain  for  the  public  schools  and  the 
University. 

Substituted  and  lost.     H.  J.  p.   102  5. 
H.  B.  389 — By  Mr.  Browning. 

To  protect  the  actual  settler  upon  public  school,  University  and 
asylum  lands. 

Adverse  report.      H.  J.   p.   1041. 
H.  B.  400 — By  Mr.  Gresham. 

Appropriation  bill. 

Became  a  law.     H.  J.  p.  1042;  S. '  J.  p.  808. 
H.  B.  416 — By  Mr.  Baker  of  Tom  Green. 

To  validate  deeds  made  by  the  town  of  San  Elizario  while  acting 
under  the  general  incorporation  law. 

'  Became  a  law.     S.  J.  p.  809;  H.  J.  p.  1044. 
H.  B.  417 — By  Mr.  Baker  of  Tom  Green. 

To  validate  deeds  made  by  the  town  of  Socorro  while  acting  under 
the  general  incorporation  law. 

Became  a  law.     S.  J.  p.  809;  H.  J.  p.  1044. 
H.  B.  422 — By  Mr.  Browning. 

To  establish  and  maintain  an  industrial  high  school  of  a  grade 
intermediate  between  the  common  schools  and  University  of  Texas; 
to  provide  for  its  location,  etc. 

Adverse  report.     H.  J.  p.  1045. 
H.  B.  481 — By  Mr.  Baker. 

To  amend  sections  11,  14  and  15  of  an  act  to  amend  sections  5, 
8,  11,  13,  14,  15  and  22,  chapter  99,  of  an  act  to  provide  for  the 
sale  of  all  lands  heretofore  or  hereafter  surveyed  and  set  apart  for 
the  benefit  of  the  public  free  schools,  University,  and  the  several 
asylums. 

Substituted  and  became  a  law.     H.  J.  p.  1053;  S.  J.  p.  811. 
H.  B.  597 — By  Mr.  Patton. 

To  appropriate  one-fifth  of  the  University  lands  and  funds  for 
the  erection  of  a  Branch  University  for  colored  youths. 

No  report.     H.  J.  p.  1067. 
H.  B.  606 — By  Mr.  Perry. 


!  Source  Book  of  the  University  of  Texas 

To  amend  the  law  establishing  the  University  of  Texas  so  as  to 
permit  the  Board  of  Regents  to  charge  an  annual  fee  of  $70  in  the 
Law   and   Medical   Department  only. 

Favorable  report;  never  considered.     H.  J.  p.  1068. 

February  21,   1891;    11.  J.  p.  :?KO 
Mr.   Terrell   offered  the   following  resolution: 

/''■solved,  That  the  act  of  the  Hon.  Geo.  W.  Brackenridge  in  build- 
ing and  furnishing  Brackenridge  Hall  at  his  own  exp  ind  in 
making  a  present  of  the  same  to  the  University  of  Texas  in  order 
to  cheapen  for  young  men  the  cost  of  obtaining  higher  education,  is 
alike  creditable  to  his  head  and  heart.  The  House  of  representa- 
tives of  Texas  thank  him  for  his  gift  in  the  name  of  the  people,  and 
direct  that  a  copy  of  this  resolution  be  sent  him  by  the  clerk  of 
the  House. 

Read  second  time  and  unanimously  adopted. 

March  24,  1801;  H.  J.  p.  70S 

Mr.  I?.  T.  Milner,  Speaker  of  the  Hovs*  : 

Dear  Sir:  Permit  me  through  you  to  return  to  the  members  of 
the  House  of  Representatives  of  the  Twenty-second  Legislature  of 
Texas  my  appreciative  acknowledgment  for  the  resolution  unani- 
mously passed  by  that  body  and  transmitted  to  me  by  its  honor- 
able chief  clerk,  recognizing  in  terms  highly  complimentary  to  my- 
self, as  an  act  deserving  public  commendation,  the  donation  recently 
made  by  me  to  the  university  of  Texas,  of  a  hall  intended  to  aid  poor 
and  worthy  young  men  of  Texas  in  obtaining  a  higher  education 
than  has  been  heretofore  afforded  them. 

The  cost  of  board  and  room  rent  while  at  the  University  have 
been  serious  and  insurmountable  objections  to  many  students  at- 
tending and  wishing  to  attend  the  University. 

It  is  my  earnest  desire  to  see  the  higest  standard  of  education 
attainable  at  our  Texas  University,  and  to  be  within  the  reach  of 
all  deserving  youths  of  our  State;  where  the  penniless  boy,  the  sons 
of  those  in  moderate  circumstances,  as  well  as  young  men  of  wealth, 
may  attain  a  thorough  and  high  order  of  education. 

In  the  donation  referred  to  it  was  not  words  of  praise  your  bumble 
donor  sought,  but  to  afford  the  young  men  of  Texas  substantial  aid 
In  obtaining  an  education  to  fit  them  morally  and  mentally  tor  any 
honorable  calling  or  station  in  life. 

Feeling  now,  as  I  have  for  many  years,  a  deep  Lnteresl  in  the 
growth  of  the  University  of  Texas,  hoping  to  see  it  equal,  if  not 
superior,  to  the  very  first  educational  institutions  of  the  world,  1 
would  commend  it  to  the  watchful  care  and  favorable  consider 

■2  -1—227 


370  University  of  Texas  Bulletin 

or  I  lie  present  and  future  Legislatures,  and  of  the  whole  people  of 
the    State. 

If  I  have  been  so  fortunate  in  my  humble  efforts  as  to  have  con- 
tributed something  substantial  and  practicable  in  the  promotion  of 
the  cause  of  education  in  Texas,  I  shall  feel  amply  rewarded  for 
the  discharge  of  a  pleasant  duty. 

GEO.   W.   BRACKENRIDGE. 
S.   B.    282 — By   Mr.   Carter. 

To  provide  for  an  additional  permanent  fund  for  the  University 
and  its  branches  by  the  issuance  of  interest  bearing  bonds,  and  to 
provide  for  the  refunding  to  the  State  the  principal  and  interest  of 
said  bonds  by  sale  or  lease  of  the  bonds  that  belong  to  said  fund. 

Favorably  reported.      S.  J.,  p.   779. 
S.  B.  291 — By  Mr.  Glasscock. 

To  establish  and  maintain  an  industrial  high  school,  of  grade  in- 
termediate between  the  common  schools  and  the  University  and 
A.   and    M. 

Favorably  reported.     S.  J.,  p.  780. 
S.   B.   366 — By  Mr.   Potter. 

To  provide  for  the  erection  of  a  laboratory  and  other  buildings 
at  the  University,  for  a  new  executive  mansion,  for  the  necessary 
improvements  at  the  A.  and  M.  out  of  the  money  coming  from  the 
U.   S.  bounty  on  sugar. 

Favorably  reported.      S.    J.,    p.    793. 

(GENERAL  LAWS 

H.   B.   121;    Ch.   22,   p.   23;    G.    10,  p.  25 

An  Act  to  be  entitled  an  act  to  amend  title  Ten,  chapter   2   of  the 
Revised  Civil  Statutes  by  adding  thereto  article  2  2  2a. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
Article  222a.  Any  person  holding  a  diploma  from  the  law  de- 
partment of  the  "University  of  Texas,"  and  who  desires  to  prac- 
tice as  an  attorney  and  counsellor  at  law  in  the  courts  of  this 
State,  may  present  such  diploma  to  the  District  or  Supreme  Court 
in  term  time,  together  with  a  certificate  of  the  commissioners  court 
of  the  county  in  which  he  resides,  that  he  is  a  man  of  good  moral 
character  and  honorable  deportment,  and  such  court  shall  there- 
upon order  the  clerk  to  issue  a  license  to  such  applicant,  which 
license  shall  be  signed  by  the  presiding  Judge  of  such  court  and 
tested  by  the  seal  of  the  court,  which,  if  granted  by  the  District 
Court,  shall  authorize  such  applicant  to  practice  in  the  District 
and  Inferior  courts  of  the  State,  and  if  by  the  Supreme  court,  then 
in  all  the  courts  of  the  State. 
Approval  March  10,  1891. 


A  Source  Book  of  the  University  of  Texas  371 

S.  H.  B.  400;   CIi.  85,  p.    123;   (i.   10,  p.   125 

.  An  Act  making  appropriations  for  the  support  of  the  State  Gov- 
ernment for  the  years  beginning  March  1,  1891,  and  ending 
February  28,  1893,  to  cover  deficiencies  and  for  other  pur- 
poses. 

UNIVERSITY  OF  TEXAS 

For  the  support  and  maintenance  of  the 
University  of  Texas,  all  of  the  available 
fund,  to  be  under  the  control  of  the 
board  of  regents,  less  the  appropriation 
herein  paid  for  the  Agricultural  and 
Mechanical  college;  also  all  yearly  fees 
collected  from  students,  said  fees  to  be 
fixed  by  the  regents  and  to  be  not  more 
than  $50.00  per  year,  from  each  stu- 
student  in  the  law  department  and  not 
more  than  $10.00  per  year  from  each 
student  in  the  academic  department. 

To  supplement  the  available  fund  in  the 
support  and  maintenance  of  the  Univer- 
sity  from   the   general    reyenue    fund .  .  .  .  $    5,000.00      $   5,000.00 

To  build  a  chemical  laboratory,  to  be  paid 
from  the  indemnity  fund  received  from 
the  United  States,  to  be  expended  with- 
in the  two  years .25,000.00 

For  a  heating  apparatus  for  the  buildings 
from  said  indemnity  fund,  to  be  expend- 
ed  within  the  two  years 10,000.00 

To  complete  the  central  part  of  the  main 
building,  to  be  paid  from  the  said  indem- 
nity fund,  to  be  expended  within  the  two 
years 5,000.00 

For  the  library  to  be  paid  from  the  gen- 
era] revenue  fund 5,000. 00  5,000.00 

To  equip  the  medical  branch  of  the  Uni- 
versity, to  be  expended  within  the  two 
years , 30,000.00 

For    the    support    and    maintenance    of    the 

medical  branch. 22,000.00        22,000  00 

Thp  board  of  regents  of  the  University 
may  charge  each  medical  student  a 
tuition  fee  of  not  to  exceed  $100  for 
each  scholastic  year,  the  proceeds 
from     which     shall     also     bo     applied    to 


372  University  of  Texas  Bulletin 

the    maintenance    and     support     of     said 

medical  branch 

For      the      Agricultural     and      Mechanical 
College   to   be   paid    out   of   the   available 

University  fund 500.00  500.00 

Approved  April  16,  1891. 

H.  B.  236;   Oh.  87,  p.  130;  G.  10,  p.  132 

An  Act  to  make  valid  and  confirm  contracts  of  sale  made  by  the 
Land  Board  of  the  State  of  Texas,  with  divers  persons  for  the 
sale  of  the  free  school,  university  and  asylum  lands,  of  the  State 
of  Texas,  sold  under  the  act  of  the  legislature  of  the  State  of 
Texas,  approved  April  12th,  1883. 

Whereas,  the  land  board  of  the  State  of  Texas,  duly  appointed 
for  that  purpose  did  make  contracts  under  the  act  of  April  12, 
1883,  for  the  sale  to  divers  persons  of  the  free  school,  university 
and  asylum  lands  of  this  State;  and 

Whereas,  many  of  such  persons  acting  in  good  faith  believing 
that  the  said  contracts  were  valid  and  binding  and  secured  to  them 
the  right  to  acquire  valid  titles  to  said  lands  by  a  compliance  with 
said  act,  have  paid  to  the  State  a  part  of  the  purchase  price  of  the 
said  lands  and  the  interest  on  the  amount  of  said  contract  price  for 
several  years;    and  , 

Whereas,  it  has  been  found  that  said  contracts  have  been  made 
by  said  land  board,  in  many  instances,  without  a  strict  compliance 
with  the  requirements  of  the  said  law,  whereby  the  said  contracts 
are  rendered  invalid  and  said  purchasers  have  failed  to  acquire 
any   right  under  the   purchases   and   contracts   so   made;    and, 

Whereas,  it  is  inequitable  and  unjust  that  the  said  parties  so 
acting  in  good  faith,  and  who  have  complied  with  the  require- 
ments of  said  act,  should  be  deprived  of  their  equities,  so  intended 
to  be  acquired,  and .  which  the  State  in  good  faith  intended  to 
confer  upon  them  by  reason  of  the  failure  of  said  land  board  to 
comply  with  said  law,  and  thus  lose  the  benefit  of  what  they  have 
paid  on  said  contracts,  and  be  deprived  of  said  lands;  therefore, 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  the  failure  of  the  land  board  to  comply  with  the  require- 
ments of  the  act  of  April  12th,  1883,  in  placing  the  free  school, 
university  and  asylum  lands  of  the  State  upon  the  market  or 
in  selling  the  same  shall  not  have  the  effect  to  render  invalid 
the  right,  title  or  claim  of  any  purchaser  of  such  lands  under  any 
contract,  made  with  said  land  board,  and  in  any  case  in  which 
such  purchaser  bought  but  one  section  of  land  or  who  bought  not 
exceeding   three   sections    where   the   rules   and   regulations    of   the 


A  Source  Book  of  the  University  of  Texas  373 

land  board  permitted  the  purchase  of  three  sections  and  actually 
settled  upon  the  same  in  good  faith  for  the  purpose  of  becoming 
a  bona  fide  settler  thereon  and  has  complied  with  the  require- 
ments of  the  said  act  of  April  12th,  1883,  the  rules  and  regulations 
of  the  land  board  and  the  terms  of  the  contract  made  with  such 
land  board,  or  where  $uch  purchaser  has  complied  with  the  law 
In  such  particulars  as  the  rules  and  regulations  of  the  land  board 
conflicted  with  said  act.  But  this  act  shall  not  affect  the  right, 
title  or  claim  of  any  person,  who  has  by  subsequent  purchase  from 
the  State  or  by  contract  with  any  officer  authorized  to  make  the 
game,  acquired  any  right  in  said  land  prior  to  the  passage  of  this 
act. 

Became  a  law  without  the  governor's  signature. 

S.  H.  B.  481;   Ch.  114,  p.   180;   G.  10,  p.  182 

An  Act  to  amend  sections  11,  13,  and  15,  of  an  act  to  amend  sec- 
tions 5,  8,  11,  13,  14,  15,  and  22,  chapter  99,  of  an  act  entitled, 
"an  act  to  provide  for  the  sale  of  all  lands  heretofore  or  here- 
after surveyed  and  set  apart  for  the  benefit  of  the  public  free 
schools,  the  University,  and  the  several  asylums,  and  the  lease 
of  such  lands  and  of  the  public  lands  of  the  State,  and  to  pre- 
vent the  free  use,  occupancy,  unlawful  enclosure  or  unlawful 
appropriation  of  such  lands,  and  to  prescribe  and  provide  ade- 
quate penalties  therefor,"  approved  April  1,  1887,  approved 
April  8,   1889. 


Section  11.  If  upon  the  first  day  cf  November  of  any  year  the 
interest  due  on  any  obligation  remains  unpaid,  the  purchaser 
shall  have  until  the  first  day  of  April  following  in  which  to  pay 
said  interest,  and  for  said  default  said  purchaser  shall  pay  twenty 
per  cent  penalty  on  said  interest  then  past  due 

Section  14.  The  public  lands  and  all  lands  belonging  to  the 
public  free  schools,  asylums  or  university  fund  shall  be  leased  by 
the  Commissioner  of  the  General  Land  Office,  under  the  provisions 
of' this  act.  All  of  such  lands  lying  west  of  the  Pecos  river,  and 
all  such  lands  lying  south  of  the  Texas  and  Pacific  Railroad,  except 
the  counties  of  Concho,  McCulloch,  Coke,  Sterling,  Glasscock,  Mid- 
land, Ector,  Tom  Green,  Howard  and  Martin,  and  all  university 
lands  shall  be  leased  for  a  period  of  not  longer  than  ten  .Mars,  and 
all  other  such  lands  lying  north  of  the  Colorado  river,  and  north 
of  the  Texas  and  Pacific,  and  the  counties  hereinbefore  exci 
from  the  ten-year  lease,  shall  be  leased  for  a  period  not  longer  than 
five  years,  and  the  lessee  shall  pay  an  annual  rental  of  four  cents 
per  acre  for  all  lands  leased;    provided,   that  the   university   lands 


374  University  of  Texas  Bulletin 

may  be  leased  at  three  cents  per  acre  per  annum,  which  rental 
shall  be  paid  each  year  in  advance,  the  first  payment  to  be  made 
at  the  time  the  lease  is  executed,  and  if  at  the  termination  of  any 
lease  any  of  such  lands  are  not  in  demand  for  actual  settlement 
they  may  be  again  leased  for  another  five  years,  and  the  lessees 
thereof,  whose  term  of  lease  has  expired,  shall  have  the  refusal  of 
such  land  as  he  has  been  leasing  on  the  terms  and  at  the  price  that 
may  be  fixed  therefor  by  the  Commissioner  of  the  General  Land 
Office 

Section  15.  Any  person  desiring  to  lease  any  portion  of  public 
lands  belonging  to  any  of  the  funds  mentioned  in  this  act,  the  sale 
and  lease  of  which  is  not  provided  for  by  any  other  law,  shall  make 
application  in  writing  to  the  Commissioner  of  the  General  Land 
Office,  specifying  and  describing  the  particular  lands  he  desires  to 
lease;  thereupon,  the  Commissioner,  if  satisfied  the  lands  are  not 
in  demand  for  purposes  of  actual  settlement  and  that  such  lands 
can  be  leased  without  detriment  to  the  public  interest,  shall  notify 
the  applicant  in  writing  that  his  proposition  to  lease  is  accepted, 
and  thereupon  he  shall  execute  and  deliver  to  the  lessee  in  the 
name  of  the  State  a  lease  of  said  land  for  such  terms  as  may  be 
agreed  upon,  not  longer  than  the  period  of  time  fixed  by  this  act, 
according  to  its  location,  and  deliver  the  same  to  such  lessee  when 
satisfied  that  the  lessee  has  paid  to  the  Treasurer  of  the  State  the 
rental  for  one  year  in  advance 

Approved  April  28,  1891. 

SPECIAL  LAWS 

H.  B.  416;   Ch.  4,  p.  5;   G.  10,  p.  233 

An  Act  to  validate  deeds  made  by  the  town  of  San  Elizario  while 
acting  under  the  general  incorporations  laws. 

Whereas,  the  State  of  Texas  granted  by  patent  to  inhabitants  of 
the  town  of  San  Elizario  in  El  Paso  County,  a  body  of  land,  and  the 
inhabitants  of  said  town,  for  many  years,  ignored  the  special  char- 
ter and  organized  in  pursuance  of  the  general  incorporation  laws, 
a  municipal  corporation,  and  subdivided  the  lands  aforesaid  into 
small  parcels,  and  the  corporation  conveyed  the  same  by  deed,  and 
said  lands  are  now,  in  good  faith  held  and  owned  by  hundreds  of 
persons  most  of  whom  have  cultivated  or  improved  the  same;  now 
therefore: 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  all  deeds  to  any  part  of  the  lands  patented  to  inhabitants 
of  the  town  of  San  Elizario,  executed  under  authority  of  said 
town    while   acting    under    the    general    incorporation    laws    of    the 


A  Source  Book  of  tlic  I  >j  of  Texas  375 

State,  are  hereby  declared  valid  to  all  intents  and  purposes  as  If 
the  same  had  been  executed  under  and  in  conformity  with  the 
special   charter  of  said    town. 

Sec.  2.  The  cloud  cast  upcn  the  title  of  the  lands  named  in 
preamble  and  first  section  of  this  act,  the  necessity  for  speedy 
relief  and  the  crowded  condition  of  business  before  the  Legislature, 
create  an  imperative  public  necessity  for  the  suspension  of  the 
constitutional  rule  requiring  bills  to  be  read  on  three  several  days 
and  such  rule  is  hereby  suspended,  and  the  clouds  cast  upon  titles, 
the  retarding  of  development  and  utilization  of  the  lands  create  an 
emergency  that  this  act  take  effect  from  its  passage,  and  it  is  so 
enacted.  Provided,  that  nothing  in  this  act  shall  be  construed  as 
in  any  way  acknowledging,  acquiring  or  validating  the  claims  of 
any  person  as  against  the  claim  of  the  University  of  Texas,  or  the 
claim  of  the  State  of  Texas  to  any  portion  of  the  land  covered  or 
claimed  to  be  covered  by  the  San  Elizario  grant;  provided  further 
that  no  suit  now  pending  or  hereafter  brought  by  or  in  behalf  of 
the  University  of  Texas  shall  be  affected  by  anything  in  this  act 
contained. 

Became  a  law  without  the  approval  of  the  Governor. 

H.  B.  417;  Ch.  5,  pp.  6-7;  G.  10,  pp.  234-235 

An  Act  to  validate  deeds  made  by  the  town  of  Socorro  while  acting 

under  the  general  incorporation  laws. 

[Text  of  law  exactly  the  same  as  above,  with  Socorro  in  place  of  San 
Elizario.] 

TWENTY-THIRD    LEGISLATURE,     REGULAR    SESSION, 
JANUARY  10  TO  MAY  9,  1893 

MESSAGES  OF  GOVERNOR  J.  S.   HOGG 

January  12,  18»3;   H.  J.,  p.  20;   S.  J.,  p.  22 

PUBLIC   EDUCATION 

.  .  .  .  The  people  have  also,  through  their  convention,  de- 
clared that  the  University  and  its  branches  and  the  other  public 
educational  institutions  must  be  appropriately  endowed  and  main- 
tained. 

For  full  information  on  the  subject  of  public  education,  the 
attention  of  your  honorable  bodies  is  respectfully  called  to  the 
able,  elaborate  and  interesting  reports  of  the  Superintendent  of 
Public  Instruction,  of  the  Boards  of  Managers  of  the  Sam  Houston 
Normal  Institute,  located  at  Huntsville;  of  the  Prairie  View  Nor- 
ma)  Institute,   at  Hempstead;    of  the  Agricultural   and    Mechanical 


376  University  of  Texas  Bulletin 

College,  at  Bryan;  of  the  Regents  of  the  University,  at  Austin,  and 
of  the  Medical  Branch  thereof  at  Galveston.  Each  of  these  several 
reports  deserves  investigation,  for  they  have  been  made  by  men 
well  versed  in  these  public  institutions,  familiar  with  their  neces- 
sities. With  just  pride  the  State  has  supported  each  of  these  pub- 
lic schools,  and  as  a  result  the  people  are  daily  receiving  from 
them  benefits  far  beyond  computation  that  must  grow  in  import- 
ance year  by  year  as  the  State  itself  moves  on  to  leadership  among 
her  sisters.  Most  of  these  institutions  are  in  a  healthful,  pros- 
perous condition,  yet  are  demanding  of  necessity  increased  appro- 
priations to  meet  the  exigencies  of  the  times.  As  the  State  grows 
the  public  schools  and  higher  educational  institutions  expand  to 
keep  apace  with  her  greatness.  Their  encouragement  in  all  re- 
spects must  spring  from  the  honor  and  pride  of  the  people,  whose 
liberality  towards  them  in  the  past  vouchsafes  for  them  success 
in  the  future. 

February  21,  1893;  H.  J.,  p.  412;  S.  J.,  pp.  218-219 

According  to  the  report  of  the  Commissioner  of  the  General 
Land  Office,  there  yet  remain,  subject  to  disposition  by  the  Legis- 
lature, 4,393,835  acres  of  unappropriated  public  domain.  All  un- 
satisfied certificates,  if  any  there  be,  have  been  barred  by  constitu- 
tional and  statutory  limitations,  so  that  no  private  rights  may  be 
affected  by  its  appropriation.  To  permit  this  domain  to  remain 
longer  undisposed  of  is  but  to  leave  a  constant  temptation  to  the 
lobby  to  gather  around  the  Capitol  each  biennial  session  for  the 
purpose  of  securing  portions  of  it  for  every  enterprise  consistent 
with  their  ingenuity  and  greed,  in  no  way  beneficial  to  the  public. 
Thus,  it  promises  in  time  to  be  frittered  away.  The  recent  effort 
to  have  this  land  appropriated  equally  between  the  university  and 
common  schools  would  seem  to  have  the  public  good  alone  in  view, 
and  must  be  received  with  favorable  consideration  by  everyone 
familiar  with  the  purposes  of  the  fathers  who  gained  the  independ- 
ence of  Texas  and  so  long  fostered  her  interests  with  statesman- 
like  wisdom    and   patriotic   jealousy. 


.  .  .  i  Indeed,  it  is  not  extravagant  to  say  that  these  patriotic 
fathers  mingle  their  hopes  and  liberties  with  the  cause  of  education, 
and  made  it  one  of  the  cornerstones  of  the  government  for  which 
they  were  about  to  offer  up  their  lives. 

In  framing  their  first  Constitution  in  1836  they  made  it  the  duty 
of  Congress,  as  soon  as  circumstances  would  permit,  to  provide  by 
law  a  general  system  of  education.  When  the  Republic  was  changed 
to  a  State,  and  thus  became  a  member  of  the  Federal  Union,  the 


A  Source  Book  of  the  University  of  Texas 


:::: 


people,  through  their  Constitution  of  1845,  declared  a  general  dif- 
fusion of  knowledge  to  be  essential  to  the  preservation  of  the  rights 
and  liberties  of  the  people,  and  made  it  the  solemn  duty  of  the 
Legislature  to  make  suitable  provision  for  the  support  and  main- 
tenance of  the  public  schools.  From  time  to  time  public  domain 
was  allotted  to  the  several  counties,  and  also  to  the  University,  for 
public  educational  purposes;  and  the  Constitution  of  1876  bound 
together  by  inseparable  bands  the  University  and  common  schools 
under  a  system  of  education  plainly  defined.  The  University  is 
simply  the  capstone  of  our  public  free  schools,  and  as  such  should 
be  considered  and  jealously  guarded. 

The  wisdom,  harmony  and  efficiency  of  the  plan  and  the  struc- 
ture can  never  be  questioned.  To  preserve  the  rights  and  liberties 
of  the  people  is  the  purpose;  education,  not  brute  force,  the  chosen 
method  by  which  the  coveted  object  shall  be  attained.  Here- 
after the  great  battles  to  maintain  the  liberties  of  the  people  must  bo 
fought  in  the  forum  of  reason.  To  successfully  engage  in  the  con- 
tests, the  masses  must  have  educated  leaders  in  sympathy  with  their 
cause.  No  bond  is  stronger  than  gratitude.  When  the  statesmen 
owe  their  education  and  places  of  trust  to  the  people,  the  union 
between  them  will  become  compact  and  inseparable.  As  Texas  has 
begun  the  work  of  higher  education,  in  connection  with  her  common 
schools,  at  public  expense,  she  must(  in  justice  to  the  sacred  cause 
and  to  her  State  pride,  go  on  to  consummate  success. 

The  common  free  schools  are  well  endowed,  but  in  the  nature 
of  things  must  for  all  time  largely  depend  on  taxation,  State  and 
local,  for  efficient  maintenance;  while  the  University  has  a  fair 
endowment,  and  can  and  should  be  made  independent  of  taxation, 
and  thus  become  the  equal  of  any  institution  of  the  United  States, 
by  granting  to  it  a  reasonable  division  of  the  remaining  unappro- 
priated  public   domain. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.   B.    69 — By  Mr.  James. 

To  regulate  the  fees  of  University  students,  making  a  $10  matri- 
culation and  $10  laboratory  fee  in  Academ.  Department;  a  $20 
matriculation  and  a  $5  Library  fee  for  Law  Department  and  a  $50 
fee  for  Medical  Department. 

Adversely   reported.      H.   J.    1282. 
H.   B.    116 — By  Mr.   Henderson  of  Lamar. 

General  Appropriation    Bill. 

A  motion  to  appropriate  $2500  for  a  School  of  Pharmacy  was 
defeated. 

Became  a  law.     H.  J.,  p.   12*4;   S.  J.,  p.  758. 


378  University  of  Texas  Bulletin 

H.  B.   121 — By  Mr.  Rogers  of  McLennan. 

To  release  teachers  in  the  public  free  schools  from  unnecessary 
and  vaxatious  examinations. 

H.  B.  30  substituted.     H.  J.,  p.   1284. 
H.   B.    169 — By  Mr.  Curry. 

To  appropriate  all  of  the  remaining  public  land  for  the  benefit 
of  the   Common  schools  and   the  University  and   its   branches. 

Substitute  giving  all   (4,400,000  acres)   to  the  common  schools — 
reported   favorably.      Died   on  Calendar.      H.  J.,   p.    1285. 
H.   B.   211 — By  Mr.   Lloyd. 

To  appropriate  75  per  cent  of  the  remaining  public  lands  to  the 
common  schools,  25  per  cent  to  the  University  and  its  branches. 

Substituted.      See  H.   B.    169.      H.   J.,   p.    1286. 
H.  B.  291 — By  Mr.  Erskine. 

To  appropriate  all  the  remaining  public  land,  half  to  the  com- 
mon schools,  half  to  the  University  after  setting  aside  15,000 
acres  for  a  new  governor's  mansion. 

Substituted.     See  H.  B.  169;    H.  J.,  p.   1287. 
H.   B.   309 — By  Mr.   Wilson. 

To  appropriate  equally  the  remaining  public  lands  between  the 
common  schools  and  the  University. 

Substituted.      See  H.   B.    169;    H.  J.,  p.    1288. 
H.  B.  385 — By  Mr.  Graves. 

To  set  aside  the  quarantine  officer's  residence  at  Fort  Point  for 
a  University  marine  station  and  to  appropriate  $5000  for  equip- 
ment. 

Favorably  reported.     Died  on  Calendar.     H.  J.,  p.  1290. 
H.   B.   391 — By   Mr.   Finlay. 

To  require  the  Regents  to  add  qualified  homoepaths  to  the  Medi- 
cal Faculty. 

Adversely  reported.      H.   J.,   p.    1290. 
H.   B.    435 — By  Mr.    Dashiell. 

To   incorporate   the  Texas   Academy   of   Science. 

Died  on  Calendar.      H.  J.,  p.   1291. 
H.    B.    469 — By    Mr.    Haller. 

To  establish  a  Branch  University  for  the  colored  youth. 

Substitute  reported.      Died   on   Calendar.      H.   J.,   p.    1292. 
H.  B.  494 — By  Mr.  Aldridge. 

To  authorize  lumber  manufacturers  to  construct  roads  across 
public  school,  University  and  asylum  lands. 

Adversely  reported.     H.  J.  p.   129  2. 
H.  B.  614 — By  Mr.  Wester. 

To    have    eight    appointive    Regents    of   two   year   terms    and    the 


A  Source  Book  of  the  University  of  Texas 

Governor  (chairman),  Chief  Justice,  State  Superintendent  and 
President  of  the  University  ex  officio,  and  to  create  a  Board  of  three 
visitors. 

Died    in    Committee.      H.    J.,    p.    1295. 
H.  B.  62  6 — By  Mr.  Wester. 

To  place  the  A.  &  M.  in  the  control  of  the  Regents  of  the  Uni- 
versity. 

Adversely  reported.      H.   J.,   p.    1295. 
H.  B.   670 — By  Mr.  Ragsdale. 

To  make  certificates  and  diplomas  of  the  School  of  Pedagogy  to 
have  the  force   of  teacher's   certificates. 

Favorably  reported.     Died  on  Calendar.     H.  J.,  p.   1296. 
H.   J.   R.   34 — By  Mr.   Mills. 

To  amend  the  Constitution  so  as  to  permit  the  investment  of  the 
permanent  University  fund  in  other  than  U.  S.  and  Texas  bonds. 

Died  in  Senate.     H.  J.,  p.   1249. 
H.  J.  R.   37 — By  Mr.   Lloyd. 

To  amend  Article  7  of  the  Constitution  by  adding  Section  16, 
transferring  the  permanent  school,  University  and  asylum  funds 
to  the  general  fund  of  the  State. 

Favorably    reported.      Died    on    calendar.      H.    J.,    p.    1249. 
8.   B.   160 — By  Mr.    Goss. 

To  authorize  the  return  to  the  State  of  public  lands  owned  In 
excess  of  160  acres. 

Died   on  calendar.      S.   J.,   p.    779. 
S.   B.    162 — By   Mr.   McComb. 

To  set  apart  to  the  permanent  school  and  University  fund  the 
unappropriated    public   domain   and    to   dispose   of   the   same. 

Not  acted  on.     S.  J.,  p.  787. 
S.  B.   186 — By  Mr.  Dean. 

To  amend  section  10,  chapter  100,  of  an  act  entitled  "An  Act  to 
promote  the  development  of  the  mining  resources  of  Texas,"  ap- 
proved March  29,  1889. 

Became  a  law.     S.  J.  p.  776;   H.  J.  p.  1301. 
S.   B.    191 — By  Mr.   Jester. 

To  retire  $484,500  matured  6  and  7  per  cent  bonds  and  issue  4 
per  cent  forty  year  bonds  in  lieu  thereof. 

Became  a  law  as  S.  S.  B.  191.     S.  J.,  p.  784;   H.  J.,  p.   1301. 
S.   B.   216 — By  Mr.    Goss. 

To  authorize  the  Land  Commissioner  to  issue  patents  on  free 
school,  University,  and  asylum  lands  in  quantities  of  1  to  5  acres 
for   sites   of  school    houses,    churches,   and    cemeteries. 

Not  acted  on.      S.   J.,   p.   780. 
S.    B.    245 — By  Mr.   Goss. 


380  University  of  Texas  Bulletin 

To  benefit  persons  who  have  bought  public  lands  (including  Uni- 
versity), and  resided  thereon  three  years,  and  whose  files  have  been 
canceled  because  of  conflict. 

Not  acted  on.     S.  J.  p.  7  80. 
S.   B.    277— By  Mr.   Tips. 

To  give  the  diplomas  of  the  School  of  Pedagogy  the  force  of 
teacher's  certificates. 

Not  reported  on.     S.  J.,  p.   794. 
S.  C.  R.  19 — By  Mr.  Boren. 

To  provide  for  the  appointment  of  a  board  of  visitors  of  the 
University  and  its  branches. 

Referred  to  Committee.     S.  J.,  p.    583. 

I  During-  this  session,  over  20  petitions  were  presented,  each  signed  by 
a  group  of  citizens  and  asking  for  the  establishment  of  the  Colored  Branch 
< >f  the  University;  over  20  petitions  asked  for  a  Department  of  Pharmacy; 
10  asked  for  an  equal  division  of  the  unappropriated  public  domain  between 
the  common  schools  and  the  University.] 

March  4,  1893;  H.  J.  pp.  526-531;  S.  J.  pp.  282-288. 

REPORT  OF  JOINT  COMMITTEE  ON  STATE  INSTITUTIONS 
OF  LEARNING 

We  find  the  medical  college  at  Galveston  in  a  most  excellent  con- 
dition. The  Twenty-second  Legislature  appropriated  $25,000  for 
the  purchase  of  suitable  grounds  on  which  to  erect  the  college  and 
$50,000  for  buildings;  to  this  the  generous  citizens  of  Galveston 
added  $25,000  to  aid  the  erection  of  the  buildings.  With  this  com- 
paratively modest  sum  the  board  of  regents  have  purchased  a  beau- 
tiful site  adjoining  the  John  Sealy  hospital,  situated  immediately 
on  the  border  of  the  bay,  and  have  erected  and  equipped  a  magnifi- 
cent building,  which  wijl  compare  most  favorably  with  the  build- 
ings of  the  older  and  wealthier  colleges  of  the  east.  Besides  the 
gifts  mentioned  above,  the  city  of  Galveston  has  also  donated  a 
block  of  ground,  including  the  old  city  hospital,  valued  at  $45,000; 
also  the  beautiful  and  commodious  John  Sealy  hospital,  valued  at 
$75,000.  Your  committee  feel  that  they  can  not  commend  too 
highly  the  board  of  regents  for  their  management  of  the  matter  of 
acquiring  these  grounds  and  erecting  and  equipping  the  college. 
Dr.  T.  C.  Thompson,  resident  member  of  the  board,  especially  de- 
serves credit  for  the  close  supervision  he  has  given  the  work.  Being 
a  skillful  physician  and  a  practical  druggist,  he  has  saved  a  great 
deal  of  money  to  the  State,  and  proven  himself  of  great  advantage 
to  the  college  by  his  judicious  purchases  of  the  equipments  and 
supplies. 


A  Source  Book  of  the  University  of  Texas  381 

[Five  paragraphs  follow  on  the  general  condition  at  Galveston.] 
[Four  paragraphs  are  found   on   the  general  conditions  at   Universil 
Texas.] 

Unfriendly  criticism  in  circulation  concerning  the  University  have 
received  attention  from  your  committee,  but  it  has  not  been  able  to 
discover  any  one  willing  to  substantiate  those  criticisms  before  the 
committee.  Some  of  the  professors,  it  seems,  are  from  Northern 
States,  one  of  them  is  perhaps  a  Republican  in  politics,  and  one  of 
them  is  a  pensioner  of  the  United  States  for  service  rendered  and 
wounds  received  in  the  Federal  army  during  the  great  Civil  War, 
but  this  was  explained  by  one  of  the  regents  who  stated  that  these 
men  came  here  well  recommended  and  endorsed  as  scholars  and 
gentlemen,  and  that  it  was  upon  their  credentials  as  scholars  and 
gentlemen  that  they  were  selected,  without  regard  to  where  they 
came  from  or  what  political  faith  they  held.  As  to  the  competency 
and  efficiency  of  the  professors  and  their  qualifications  for  the 
places  they  fill,  your  committee  have  no  means  of  judging,  and 
after  all,  it  is  a  duty  belonging  to  the  regents,  and  one  they  should 
scrupulously  perform,  to  see  that  no  one  is  placed  in  a  chair  of  the 
University  of  Texas,  except  upon  the  ground  of  high  merit  for  the 
place — Pure  men,  great  scholars  and  teachers,  public  spirited  and 
patriotic  men,  and  none  others,  should  be  placed  in  charge  of  this 
great  institution  of  learning — men  whose  special  aim  it  will  be  to 
expand  and  develop  it  in  such  a  manner  as  will  indeed  make  it  a 
"University  of  the  first  class,"  the  pride  of  every  Texan,  and  worthy 
In  every  respect  of  the  great  State  that  gave  it  existence,  and  with 
the  honor  and  good  nanve-  of  which  it  is  intimately  connected. 

It  occurs  to  your  committee  to  suggest  the  propriety  of  placing 
the  University  of  Texas  and  all  of  its  branches  under  the  manage- 
ment of  one  board  of  regents  or  directors  instead  of  having  a  sep- 
erate  management  for  each  one,  as  is  now  the  case.  One  compre- 
hensive plan  of  management  for  all  of  these  noble  institutions  will 
bring  them  into  harmonious  and  concerted  action  and  cement  them 
in  a  unity  of  purpose  and  interest  that  can  not  exist  under  their 
present  system  of  government. 

A  board  of  management  constituted  and  appointed  as  is  the  pre- 
•  sent  board  of  University  regents,  with  the  Governor  of  the  State, 
chief  justice  of  the  supreme  court  and  superintendent  of  public 
instruction  to  be  ex-officio  members,  the  Governor  or  Chief  Jus- 
tice to  be  president  of  the  Board  would  add  dignity,  Btrength  and 
unity  to  the  management  of  these  institutions  that  would  be  highly 
beneficial.  The  control  of  these  institutions  belongs  to  the  State;  it 
Is  responsible  for  their  management,  and  this  plan  of  management 
would  bring  them  into  close  relations,  and  bind  their  Interests  in- 
separably together. 


:;s-2  University  of  Texas  Bulletin 

.1.  \V.  Truit,  J.  I.  Moody,  R.  Lee  Ragsdale,  on  part  of  the  House', 
]•:.  I..  Agnew,  W.  M.  Imboden,  on  part  of  Senate. 

March  11,  1  S!>3.     Senate  Legislative  Record,  pp.  376-380. 

By  consent  the  following  memorial  was  offered  by  Senator  Crowley: 

Gentlemen:  Your  attention  is  respectfully  invited  to  the  following 
statements  concerning  the  University  of  Texas: 

Our  State  University  has  fallen  into  incompetent  hands  and  can 
be  rescued   and   reformed,    I   believe,    only   by   the   exercise   of   the 

sovoreign  power  of  the  State This  is  not  the  fault  of 

tbe  board The  medical  department  is  thus  far  a  first- 
class  institution The  comparative  failure  of  the  academic 

department  is  due  to  radical  defects  of  organization  and  not,  I  think, 

to  the  want  of  money The  standing  of     ...     .     the 

academic  department  is  far  below  the  standing  of  first-class  univer- 
sities. ....  The  standard  of  admission  is  from  one  and  one-half 
to  two  years  below  the  usual  standard.  Such  being  the  case,  the 
standard  for  distinction,  proficiency  and  graduation  is  necessarily 
below  that  of  the  best  colleges.  The  average  teaching  ability  of 
tbe  faculty  at  Austin  is  below  that  of  first  class  colleges,  although 

there  are  some  excellent  scholars  and  teachers  in  this  faculty 

Some  of  the  instruction  is  far  behind  the  times,  and  some  of  the 

teaching  would  hardly  escape  criticism  in  a  high  school 

I  invite  a  comparison  of  the  requirements  for  admission,  as  pre- 
scribed in  the  catalogue  of  the  University  of  Texas,  with  require- 
ments of  admission  in  ...  .  Johns  Hopkins  University  at 
Baltimore 

A  comparison  of  these  requirements  ....  demonstrates  that 
fully  two  and  one-half  to  three  years  earnest  study  under  competent 
instructors,  would  be  necessary  to  enable  a  freshman  of  the  Univer- 
sity of  Texas  to  enter  the  collegiate  department  of  Johns  Hop- 
kins  

The  original  plan  of  the  regents  as  outlined  by  Dr.  Ashbel  Smith 

was  a  sound  one But  there  was  this  fatal   difference 

between  Mr.  Jefferson's  plan  and  Dr.  Smith's.  Mr.  Jefferson's  choice 
decided  the  election  of  the  professors  [at  the  University  of  Virginial 
while  Col.  Smith's  influence  in  this  respect  was  practically  nil, 
.  .  .  .  the  secretary  of  the  board,  Mr.  A.  P.  Wooldridge,  having 
brought  about  according  to  his  statement  to  me,  the  election  of  the 
majority  of  those  chosen.  ....  Dr.  Smith  concluded  after  this 
meeting  of  the  board,  indeed,  he  had  thought  so  before,  that  legis- 
lative provision  for  a  chancellor  or  president  was  needed 

The  faihire  of  the  board  of  regents  to  meet  this  need  is  evidence 
of  gross  incompetency.  The  result  has  been  that  the  real  manage- 
ment of  the  University — no  board  of  this  kind  being  capable  of  close 
direction     ....     — has  fallen  into  the  hands  of  a  few  men  at 


A  Source  Book  of  the  University  of  Texas  383 

Austin I  refer  to  Messrs.  Leslie  Waggener,  A.  P.  Wool- 

dridge,  and  Dr.  Thomas  D.  Wooten 

The  question  which  the  friends  of  the  University  ask  is  this:  Do 
the  members  of  this  cabal  possess  the  qualities  of  mind  and  char- 
acter which  are  needed  for  the  wise  management  of  the  University? 
.  .  .  .  Take  Dr.  Wooten-  He  is  a  busy  physician  without  any 
college  training.  He  is  an  estimable  gentleman,  but  his  ignorance 
of  university  life  and  administration  has  made  him  but  little  more 
than  an  instrument  in  the  hands  of  his  colleagues 

Mr.  Wooldridge,  a  successful  banker,  ....  does  not  belong, 
unless  I  wholly  misjudge  him,  to  the  broad  grand  type  of  business 
man  who  interest  themselves  in  higher  education  for  the  advance- 
ment of  humanity 

Chairman  Waggener  is  not  a  broad  great  man His 

culture  and  his  opportunities  have  not  fitted  him  for  such  a  place 
as  he  holds 

The  board  of  regents  has  shown  itself  visionary  in  many  respects, 
but  especially  in  adhering  to  a  plan  which  has  enabled  this  combi- 
nation above  mentioned  to  dominate  its  policy 

Let  the  standard  be  raised 

The  all  important  matter  is  to  get  a  strong,  broad,  wise  man,  an 

expert  in  university  management,  and  put  him  at  the  head 

Very  respectfully, 

OSCAR   H.   COOPER. 

March  13.     S.  J.,  p.  350 

Senator  Imboden  moved  that  the  memorial  of  Dr.  Oscar  H.  Cooper 
be  expunged  from  the  Journal.  Senator  Crowley  stated  that  he  had 
no  objection.  Senator  Hutchison  moved  that  the  memorial  be  ex- 
punged and  referred  to  the  Committee  on  Education.  Senator  Im- 
boden accepted  the  substitute,  which  was  adopted. 

May  8,  1893.     S.  J.,  p-  710 

Your  Committee  on  Education,  to  whom  was  referred  a  memorial 
signed  by  O.  H.  Cooper  making  charges  and  criticisms  against  the 
University  of  Texas,  the  Board  of  Regents,  Faculty,  and  chairman 
of  the  faculty,  have  had  the  same  under  consideration,  and  T  am 
instructed  to  report  that  in  the  opinion,  of  your  committee  the 
charges  preferred  in  said  memorial  have  not  been  sustained,  and 
that  its  criticisms  have  been  shown,  to  the  satisfaction  of  your  com- 
mittee, to  be  groundless  and  uncalled  for. 

Signed  by  Chairman  Smith  and  twelve  other  members  of  the 
Committee. 


384  University  of  Texas  Bulletin 

March   liO,    iHU.i;   Austin   Statesman    for   March  30,   1893. 

To   the   Honorable,  the  Members  of  the  Senate  Committee  on  Edu- 
cation: 

I  regret  that  it  is  necessary  for  me,  owing  to  certain  circumstances, 
to  an  wer  some  charges  made  by  Professor  Cooper  against  the 
university  and  against  myself  in  a  paper  which  has  been  designated 
his   "memorial." 

The  circumstances  that  make  it  necessary  for  me  to  answer  these 
charges  are  these:  On  Friday,  March  10,  about  2:30  o'clock  in  the 
afternoon  I  received  a  note  from  Hon.  L.  T.  Dashiell,  a  member  of 
the  committee  on  education  in  the  house,  saying  that  Professor 
Cooper  would  appear  before  that  committee  at  3  o'clock  to  make 
charges  against  the  university,  and  urging  me  to  be  present.  I  could 
hardly  believe  that  formal  charges  would  be  made  against  an  insti- 
tution of  learning,  involving  the  interest  of  so  many  persons,  with- 
out notice  being  given  and  time  afforded  for  the  preparation  of  an 
answer.  Yet  such  was  the  case.  Prof.  Cooper  appeared  before  the 
committee  with  an  elaborate  paper,  attacking,  with  the  most  reckless 
assertions,  the  university  regents,  the  university  faculty  and  myself. 
I  requested  a  copy  of  the  paper,  saying  that  it  could  and  would  be 
answered,  and  in  the  meanwhile  replied  orally  to  the  most  salient 
points  of  the  indictment.  At  the  conclusion  of  my  reply  the  paper 
was  refused  me  on  the  ground  that  it  was  not  the  property  of  the 
committee.  I  acquiesced,  and  there  the  matter  would  have  ended 
sc  far  as  I  was  concerned,  but  on  the  afternoon  of  Saturday,  March 
11,  this  same  indictment,  now  entitled  a  "memorial."  was  sent  to 
the  president  of  the  senate  with  the  request  that  it'  be  printed  in 
the  Senate  Journal  without  being  read.  This  being  granted,  as  is 
usual  in  such  cases  I  am  informed,  Professor  Cooper's  paper  with 
some  changes,  suggested  doubtless  by  the  debate  of  the  previous  day, 
appeared  Monday  in  full  in  the  senate  Journal,  but  without  the 
answer  or  any  allusion  to  the  answer  that  had  been  made  to  it 
before  the  house  committee.  It  was  at  once  expunged  from  The 
Journal  and  referred  to  the  senate  committee  on  education  by,  I  am 
told,  a  unanimous  vote.  It  is  owing  to  the  courtesies  of  this  com- 
mittee that  I  am  allowed  to  present  in  this  paper  wThat  is  substan- 
tially the  reply  I  made  to  Professor  Cooper  before  the  house  com- 
mittee on  education.     .     .     . 

In  the  first  count,  the  regents  are  charged  with  "gross  incom- 
petency." The  brazen  effrontery  of  this  charge  is  apparent  when 
it  is  remembered  that  the  board  of  regents  was  composed  originally 
of  men  selected  by  Governor  Roberts,  from  different  parts  of  the 
state,  on  account  of  their  fitness  for  organizing  and  establishing  a 
university,  and  is  composed  now  of  men  selected  by  Governor  Rob- 
erts,  Governor  Ireland,  Governor  Ross,  and   Governor  Hogg.      Is   it 


A  Source  Book  of  tin   University  of  Texas  ;!s"> 

reasonable  to  suppose  that  citizens  selected  at  different  times,  by 
different  governors  and  whose  names  are  known  all  over  the  state 
as  eminent,  practical,  astute,  scholarly  men,  should,  upon  their  selec- 
tion as  regents  of  the  university,  suddenly  become  incompetent? 
The  supposition  is  absurd,  and  can  be  entertained  only  by  one  who 
imagines  that  a  failure  to  recognize  his  superior  talent  and  mental 
equipment  is  positive  proof  of  "gross  incompetency."     .... 

The  second  count  in  this  formidable  indictment  is  the  inefficiency 
of  the  faculty  of  the  academic  department.  It  is  expressed  in  the 
following  sentences  quoted  from  the  "memorial."  "The  standard 
of  this  institution — that  is  the  academic  department — is  far  below 
the  standard  of  first  class  universities  in  this  country."  .... 
"The  standard  of  admission  is  from  one  and  one-half  to  two  years 
below  the  usual  standard."  ....  How  in  the  name  of  reason 
can  a  comparison  of  the  requirements  for  admission  in  two  univer- 
sities be  a  demonstration  that  the  teaching  in  one  "will  hardly  escape 
criticism  in  a  high  school?"     The  trouble  with  Professor  Cooper  is 

that  he  thinks  his  opinion  is  independent  of  reason What 

University  does  he  select  with  which  to  compare  the  University  of 
Texas?  None  other  than  the  Johns-Hopkins — established  pri- 
marily' for  graduates.  Subsequently  it  was  found  that  it  could 
rot  depend  entirely  on  graduates  for  its  students.  An  under- 
graduate department  was  then  established  and  the  requirements 
for  admission  ware  made  presumably  as  high  as  possible  to  carry 
out  in  some  sense  the  original  intention.  Why  did  he  take  the 
foremost  institution  in  the  country  with  which  to  compare  the 
University  of  Texas?  (Johns  Hopkins)  ....  He  took  the 
•highest  one  manifestly  because  it  was  the  only  one  he  could  find 
with  which  the  University  of  Texas  would  suffer  in  compari- 
son  

But  the  charge  is  that  the  faculty  in  the  academic  department  is 
inefficient  I  find  it  difficult  to  speak  with  any  degree  of  moderation 
on  this  charge  unsupported  as  it  is  by  anything  except  Prof.  Cooper's 

bare  assertion But  why  all  these  words  and  "this  waste 

of  Christian  ink"  as  Charles  Lamb  would  say,  on  the  requirements 
for  admission?  They  have  nothing  to  do  with  the  scholarship  or 
teaching  ability  of  the  faculty.     The  standard  of  admission  is  largely 

a  question  of  policy The  elevation  of  the  standard   lias 

been  gradual  and  tentative  until  now,  as  has  been  shown,  the  uni- 
versity compares  favorably  with  other  institutions.  Speaking  as  an 
individual,  however,  1  am  inclined  to  think  that  in  some  things  the 
standard  is  too  high  tit  present,  and  that  in  these  things  it  can  be 
profitably  lowered  until  the  high  schools  in  the  state  were  more 
thoroughly  equipped. 

The  third  count  in  Prof.  Cooper's  arraignment  of  the  university 
is  the  undue  influence  in   its  management  exercised   by  the   Austin 

25 — 227 


386  University  of  Terns  Bulletin 

t'lique,  cabal,  solidarity,  etc.,  as  he  in  various  connections  styles  it. 
In  his  exposures  of  the  nefarious  chicaneries  of  this  clique  Professor 
Cooper  makes  the  most  reckless  statements,  all  of  whch  are  unsup- 
ported by  any  proof 

As  for  the  influence  of  this  clique  on  the  board  of  regents  in  the 
selection  of  professors  and  the  general  management  of  the  univer- 
sity, I  can  only  refer  to  the  regents  themselves.  They  can  be  easily 
approached  and  will  doubtless  satisfy  any  one  in  doubt. 

The  fourth  count  in  Professor  Cooper's  indictment  is  the  insig- 
nificance of  the  chairman  of  the  faculty  and  his  general  lack  of 
ability.  It  is  with  great  embarrassment  that  I  enter  upon  a  dis- 
cussion of  this  count.  My  fitness  for  the  place  I  happen  to  occupy 
is  a  question  that  properly  belongs  to  those  who  put  me  there.  Any 
discussion  of  it  by  me  savors  of  an  intrusion  of  myself,  from  which 
I  instinctively  shrink 

In  regard  to  my  general  lack  of  ability,  Prof.  Cooper  says  I  am 
not  a  great  man.     I  do  not  claim  to  be.     I  know  of  but  one  man  in 

Texas  who  does The  faculty  is  now  composed  of  sixteen 

professors  entitled  to  vote,  and  has  grown  to  this  number  by  constant 
additions  of  new  material.  If  I  have  controlled  these  two  bodies 
by  indirection  and  by  craft,  as  Prof.  Cooper  insinuates,  they  must 
be  composed  of  dolts  and  fools.  If  I  have  controlled  them  by  the 
weight  of  my  suggestions  and  the  confidence  they  have  had  in  my 
judgment,  I  must  be  a  man  of  more  ability  than  Prof.  Cooper  gives 
me  credit  for.  The  fact  is,  I  have  not  controlled  them  at  all.  The 
board  and  the  faculty  are  perhaps  as  independent  bodies  as  ever  met 
in  Texas.     The  man  that  would  attempt  to  control  them  would  soon 

discover  his  mistake 

LESLIE  WAGGENER. 

April   14,    1893;    H.  J.   p.   968 

Miss  Elizabeth  Ney  prayed  for  the  establishment  of  an  academy 
of  high  arts  at  Austin,  as  a  branch  of  the  University,  agreeing  to 
secure  the  grounds,  superintend  the  building  and  equipment,  and  to 
teach  sculpture  free  of  cost. 

GENERAL   LAWS 

S.   S.   B.    191;    Ch.    71,   p.   99;    G.   10,   p.  529 

An  Act  to  provide  for  the  retirement  of  the  past  due  bonds  of  the 
State  of  Texas;  for  the  payment  of  interest  thereon,  and  the  issu- 
ance of  other  bonds  at  a  lower  rate  of  interest  in  lieu  thereof. 
Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  the  Governor  of  the  State  is  hereby  authorized  to  have  prepared 
and  issued  as  may  be  necessary,  manuscript  and  lithographic  bonds 


A  Source  Book  of  the  University  of  Texas  387 

of  the  State  to  the  total  amount  of  four  hundred  and  eighty-six 
thousand  five  hundred  dollars,  to-wit:  Three  hundred  and  thirty- 
four  thousand  five  hundred  dollars,  due  and  payable  forty  years 
from  date,  bearing  four  per  cent  interest  per  annum  from  date,  in- 
terest payable  semi-annually  on  the  first  days  of  January  and  July, 
said  bonds  to  be  of  such  denomination  as  the  Governor  may  direct, 
and  redeemable  at  the  option  of  the  State  at  any  time  after  five 
years  from  the  date  of  their  issuance;  one  hundred  and  fifty-two 
thousand  dollars,  bearing  five  per  cent  interest  per  annum  from  date, 
payable  to  the  University  of  Texas — interest  payable  semi-annually, 
said  bonds  to  be  non-negotiable  and  non-transferable,  and  redeem- 
able at  the  option  of  the  State;  all  bonds  issued  under  this  act  to 
be  signed  by  the  Governor  and  State  Treasurer,  and  countersigned 
by  the  Comptroller  of  Public  Accounts;  also  the  title  and  date  of  the 
passage  of  this  act  shall  be  recited  therein,  and  registered  in  the 
office  of  the  State  Treasurer. 

Sec.  2.  The  purpose  of  the  issuance  of  these  bonds  shall  be  for 
the  retirement  of  the  following  series  of  past  due  State  bonds: 

1.  Two  hundred  thousand  dollars  ($200,000)  of  six  per  cents  of 
the  act  of  Februady  13,  1885,  redeemable  at  the  pleasure  of  the 
State,   January   1,    1890. 

2.  Twenty-five  thousand  five  hundred  dollars,  ($25,500)  of 
Bix  per  cents  of  the  acts  of  May  2,  1871,  due  March  1,  1892. 

3.  Two  hundred  and  sixty-one  thousand  dollars  ($261,000)  of 
seven  per  cents  of  the  act  of  December  2,  1871,  due  April  1,  1892. 

Sec.  3.  The  bonds  authorized  to  be  issued  by  this  act  shall  be 
used  in  the  following  manner.  The  manuscript  in  lieu  and  in  re- 
tirement of  past  due  bonds  held  by  special  funds;  Provided,  should 
the  Governor  be  unable  to  substitute  said  four  and  five  per  cent 
bonds  in  lieu  of  past  due  bonds  held  by  special  funds,  or  any  part 
thereof,  then  the  lithographic  shall  be  sold  by  the  Governor  at  not 
less  than  their  face  value,  and  the  proceeds  applied  to  the  purchase 
of  the  past  due  bonds  hereinbefore  named. 

Sec.  4.  The  Comptroller  shall  pay  the  accumulated  interest  due 
upon  said  past  due  bonds  by  issuing  his  warrants  on  the  State  Treas- 
urer for  all  interest  due  up  to  March  1,  1893,  and  thereafter,  until 
said  bonds  are  retired. 

Sec.  5.  That  the  sum  of  twelve  hundred  dollars  ($1200)  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  to  pay  the 
expenses  of  engraving  and  printing  the  bonds  provided  for  in  this 
act,  and  the  plates  used  in  engraving  and  printing  the  said  bonds 
shall  be  canceled  or  destroyed  under  the  direction  of  the  Governor, 
and  a  certificate  to  that  effect  shall  be  filed  in  the  office  of  the 
Comptroller  of  Public  Accounts. 
Approved  May  2,  A.  D.   1893. 


388  University  of  Texas  Bulletin 

S.  B.   1SS;   Ch.  77,  p.  100;  G.  10,  p.  530 

An  Act  to  amend  section  10,  chapter  100,  of  an  act  entitled  "An  Act 
to  promote  development  of  the  mineral  resources  of  Texas,"  ap- 
proved March  29,  1889. 

[Nothing  was  ever  done  under  this  lav.-  in  regard  to  University  land.] 
S.   H.   B.   116?   Ch.  98,  p.    145;   G.   10,   p.  577. 

An  Act  making  appropriation  for  the  support  of  the  State  Govern- 
ment for  the  years  beginning  March  1,  1893,  and  ending  February 
28,  1895,  to  cover  deficiencies,  and  for  other  purposes. 

UNIVERSITY   OF   TEXAS 

For  the  support  and  maintenance  of 
the  University  of  Texas,  all  of  the 
available  fund,  including  under 
this  head  the  interest  of  its  bonds, 
the  interest  from  its  land  notes, 
the  income  from  its  leases,  and  the 
fees  of  its  students,  to  be  under 
the  control  of  the  board  of  regents, 
less  the  appropriation  herein  made 
for  the  Agricultural  and  Me- 
chanical College,  all  yearly  fees 
collected  from  students  to  be  fixed 
by  the  regents,  and  to  be  not  more 
than  fifty  dollars  per  year  from 
each  student  in  the  law  depart- 
ment, and  not  more  than  ten  dol- 
lars per  year  from  each  student  in 
the  academic  department. 

To  supplement  the  available  fund 
in  the  support  and  maintenance  of 
the  main  University  from  the  gen- 
eral revenue $   7,500.00  $    7,500.00 

Instruments  and  materials  for  the 
department  of  applied  mathe- 
matics,   out    of   general   revenue.  .  4,000.00 

Completing  heating  apparatus  for  the 
main  building,  and  to  supply  the 
chemical  laboratory  with  heating 
apparatus,  out  of  general  revenue  7,000.00 

The  library,  out  of  general  revenue, 

for  two  years 5,000.00 


A  Source  Book  of  the  University  of  Texas  389 

MEDICAL  UNIVERSITY 

The  board  of  regents  of  the  Univer- 
sity may  charge  each  medical 
student  a  tuition  fee  of  ($50) 
fifty  dollars  for  each  scholastic 
year,  the  proceeds  from  which 
shall  also  be  applied  to  the  main- 
tenance and  support  of  said  medi- 
cal branch. 
For  support  and  maintenance,  out  of 
general    revenue: 

For  salaries   of  professors 21,800.00  21,800.00 

Salary  of  demonstrator  of  anatomy  1,000.00  1,000.00 
Salary    of    demonstrator    of    phy- 
siology              1,500.00                 1,500.00 

Salary    of    provost 1,200.00  1.200.00 

Salary  of  janitor 1,200.00  1,200.00 

Laboratories    2,000.00  2,000.00 

Library  fund 500.00  500.00 

School  of  pharmacy,  to  be  estab- 
lished   2,500.00 

Incidental  expenses  of  insurance, 
fuel,  gas,  water,  stationery,  and 
postage,  printing,  catalogue,  re- 
pairs, grounds,  and  other  gen- 
eral expenses 2,000.00  2,000.00 


For  support  and  maintenance  of  the 
Agricultural  and  Mechanical  Col- 
lege, out  of  general  revenue,  $19,- 
500,  and  out  of  available  University 
fund,  $500 20,000.00  20,000.00 

.  .  .  .  Provided,  that  the  board  of  directors  of  the  Agricultural 
and  Mechanical  College  of  Texas  shall  include  in  their  reports  the 
number  and  salaries  of  the  faculty  and  employes  of  the  Agricultural 
and  Mechanical  College  and  of  the  prairie  View  Normal  School,  and 
the  receipts  and  expenditures,  itemized,  of  each  of  these  institutions 
in  the  same  manner  as  the  law  requires  the  board  of  regents  to 
report  the  salaries  and  number  of  the  faculties  and  employes  and 
the  receipts  and  expenditures  of  the  University  of  Texas. 

Approved  May  29,  1893. 


390 


University  <>t  Texas  Bulletin 


TWENTY-FOURTH   LEGISLATURE,   REGULAR  SESSION, 
JANUARY  8  TO  APRIL  30,  1895 

MESSAGE  OF  GOVERNOR  J.  S.  HOGG 


January   11,   isur,.  Appendix  to  H.  J. 

26-27 


pp.   16,  26-27;    S.  J.,  pp.   16, 


STATE   UNIVERSITY 


Ses- 

No. Stu-     Appropria- 

Improve- 

Expendi- 

Per 

sion 

dents            ations 

ments 

tures 

Capita 
Cost 

1891-2 

363         $50,000.00 

$21,898.58 

$    85,305.88 

$174.70 

92-3 

328           10,000.00 

3*3,404.82 

100,546.42 

204.70 

93-4 

356           23,500-00 

12,931.34 

79,910.35 

188.14 

94-5* 

405             7,500.00 
Receipts 

1891-2 

$6,353.54 

92-3 

6,340.00 

93-4 

7,735.57 

94-5 

MEDICAL  BRANCH   STATE   UNIVERSITY 


Ses-       No.  Stu-    Appro-      Improve- 


Per 
Re-  Expendi  Capita 

sion        dents        ations  ments  ceipts  tures  Cost 

1891-92         23      $52,000      $4,042.76      $2,520      $30,284.30    $1316.70 

1086.44 
319.51 


1892-93          25  22,000      28,056.94 

1893-94       127  33,700         4,499.94 

1894-95*     179  31,200         3,560.42 

*  Session  not  completed. 


2,790  27,160.97 
6,400  39,585.41 
5,840 


THE  UNIVERSITY 

As  the  cap-stone  of  the  fine  educational  system  of  the  State,  the 
university  building  is  located  on  an  eminence  of  forty  acres  of 
every  patriotic  citizen  who  understands  its  merits.  The  main 
university  building  is  located  on  an  eminence  of  forty  acres  of 
enclosed,  shaded  grounds,  in  the  city  of  Austin,  and  was  erected  at 
a  cost  of  $146,000.  It  is  a  commodious,  strong,  neat,  and  well 
ventilated  structure.  Its  laboratories,  heating  apparatus,  assembly 
hall,  class  rooms,  literary,  and  other  conveniences  are  attractive, 
useful,  and  of  a  high  order.  The  chemical  laboratory  alone  cost 
$25,000  and  the  apparatus  of  the  physical  laboratory  cost  $15,000, 
while  the  geological  and  biological  laboratories  have  been  prepared 
with   great  skill  and   foresight  at  proportionate  cost.     The  faculty 


A  Source  Book  of  the  Cm  vastly  of  Texas  391 

consists  of  upright,  moral,  intellectual  men  of  superior  attain- 
ments in  the  vigor  of  manhood,  and  of  rank  in  university  circles 
equal  to  those  of  much  older  institution?  of  the  South  and  North. 
The  attendance  for  the  present  year  aggregates  420  young  ladies 
and  gentlemen,  whose  reputation  for  intelligence,  close  applica- 
tion, honorable  demeanor,  ambition,  and  pride  is  a  subject  of  fav- 
orable comment  generally,  which  establishes  for  the  institution  a 
character  far  above  most  universities,  and  justly  guarantees  to  it 
the  liberal  support  of  the  people.  According  to  their  own  selec- 
tion and  choice,  these  students  are  taught  in  the  literary  and  sci- 
entific departments,  and  in  the  law  department,  by  twenty-five  offi- 
cers of  instruction,  the  studies  of  English  Literature;  Philosophy 
and  Political  Science;  History;  Greek  Language  and  Literature; 
Latin  Language  and  Literature;  Teutonic  and  Romantic  Langua- 
ges; English  Philology;  Pure  Mathematics;  Applied  Mathematics; 
Physics;  Chemistry;  Geology,  and  Pedagogy. 

Accessible  to  and  for  use  by  them  in  the  pursuit  of  higher  edu- 
cation on  the  lines  indicated,  are  the  fine  laboratories  and  well 
selected  library  of  13,000  volumes.  Surrounding  the  institution 
on  all  sides  are  the  elegant  homes  of  refined  families,  where  the 
students  are  admitted  virtually  as  members,  and  are  given  pater- 
nal care. 

Within  the  grounds  is  a  commodious  mess  hall,  where  the  young 
men  board  at  light  expense.  This  is  the  donation  made  by  Mr. 
George  W.  Brackenridge,  of  San  Antonio,  and  is  a  monument  to 
his  patriotism,  to  his  pride,  to  his  philanthropy,  and  to  his  fine 
sense.  By  this  act  he  has  placed  finished  education  within  the 
grasp  of  the  young  men  of  this  State  at  the  lowest  possible  ex- 
pense. That  they  avail  themselves  of  the  advantage,  and  appre- 
ciate it,  can  best  be  understood  by  witnessing  the  large  crowd  of 
fine  young  gentlemen  who  swarm  in  and  around  it  daily.  It  seems 
to  be,  with  them,  a  hallowed  spot,  where  gratitude  and  pride — the 
best  elements  of  manhood — hold  sway  to  the  honor  of  themselves, 
of  their  benefactor,  and  of  the  University. 

In  this  connection  it  is  also  proper  to  acknowledge  with  grati- 
tude the  receipt  of  the  only  other  individual  donation  made  to 
the  University,  consisting  of  3476  coins  and  1846  medals  of  bronze, 
silver  and  gold,  presented  by  an  old  Texian,  Mr.  S.  M.  Swenson, 
now  of  New  York.  When  a  youth  he  came  to  Texas,  in  poverty, 
from  his  native  home,  Sweden.  Alter  years  of  honest  toil,  manly 
frugality,  and  sagacious  investment,  Mr.  Swenson  amassed  a  great 
fortune  and  moved  to  his  present  abode.  His  contribution  to  the 
University  is  lasting  and  very  valuable,  and  as  a  consequence  his 
memory  will  be  revered  during  the  life  of  the  institution  by  all 
who  may  patronize   or  be  connected   with   it. 


392  /  niversity  of  Texas  Bulletin 

Tins  great  institution  does  not  possess  sufficient  revenues  to  effi- 
ciently  maintain  it.  The  State  bonds  owned  by  it,  amounting  to 
$576,540,  bear  $31,728.60  annual  interest,  which,  together  with 
interest  on  land  notes,  $2,624.06,  and  lease  of  its  lands,  $8,689.20, 
i  itute  its  available  revenue,  on  which  it  must  depend  for  support, 
except  when  aided  by  the  Legislature.  Aside  from  the  fifty  leagues 
of  land  set  apart  to  it  by  the  Republic  of  Texas,  the  Constitution  of 
1875  appropriated  1,000,000  acres,  and  the  Legislature  of  1883  ap- 
propriated to  it  another  1,000,000  acres  of  the  public  domain.  But 
little,  if  any,  of  this  land  is  fit  for  agriculture,  and  as  a  consequence, 
yields  a  light,  inadequate  income.  If  it  were  leased  at  three  or  four 
cents  an  acre,  it  would  go  far  towards  making  the  University  inde- 
pendent. It  has  never  been  leased  to  much  advantage.  While  the 
Commissioner  of  the  General  Land  Office  has  been  faithful  in  look- 
ing after  this  trust  estate,  it  has  been  practically  impossible  for 
him  to  satisfy  the  Regents  of  the  University  with  the  results.  They 
believe  it  can  be  managed  to  better  account  through  their  direct 
instrumentality.  It  would  be  well  to  let  them  have  the  absolute 
control  of  its  rental  and  lease,  under  such  legislative  restrictions 
as  may  be  appropriate.  At  all  events,  this  great  institution  of 
learning,  now  fast  reaching  the  hearts  of  the  rich  and  poor  alike, 
should  receive  that  legislative  encouragement  and  support  com- 
mensurate with  its  inestimable  importance  in  the  educational  fabric 
of  our  State. 

MESSAGE  OF  GOVERNOR  C.  A.  CULBERSON 

January  16,  1895;  H.  J.,  p.  58;  S.  J.,  p.  45 

The  unexpected  length  of  this  communication  precludes  a  con- 
sideration of  other  matters,  such  as  relates  to  the  University  and 
its  branches,  the  charitable  and  penal  institutions,  county  roads, 
codification  of  the  laws,  regulation  of  primary  elections,  reforma- 
tion of  our  election  laws,  and  attention  to  the  appropriate  perpet- 
uation  of  great   historical  events. 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.   B.    4 — By  Mr.   Bumpass. 

To  provide  homes  on  the  public  school,  asylum  and  University 
lands  for  those  who  have  no  land,  and  to  increase  the  available 
school  fund. 

Adversely   reported.     H.   J.,   p.    1026. 
H.  B.   69 — By  Mr.   Wester. 

To  amend  Section  5  of  an  act  to  establish  the  University  of  the 
the  State  of  Texas  so  as  to  add  the  Governor,  Chief  Justice  of  the 


A  Source  Book  of  the  University  of  Texas  393 

Supreme  Court,  and  the  State  Superintendent  of  Public  Instruction 
to  the  Board  of  Regents  of  the  University 

Withdrawn.      H.  J.,   1030. 
H.  B.  125 — By  Mr.  Wayland. 

General  Appropriation  bill. 

Became  a  law  as  S.  H.  B.  125.     H.  J.(  p.  1032;   S.  J.,  p.  695. 
H.   B.    138 — By  Mr.   Mills. 

General  Appropriation  bill. 

Substitute  reported  in  H.  B.  125.     H.  J.,  p.  1032;   S.  J.,  p.  695. 
H.   B.   336 — By  Mr.   Turney. 

To  invest  the  Regents  with  the  management  and  control  of  the 
University  lands. 

Favorably   reported.      H.    J.,    p.    1042. 
H.   B.   349 — By  Mr.  Wester. 

To  make  the  State  Superintendent  ex  officio  the  additional  and 
ninth  member  of  the  Board  of  Regents. 

Favorably  reported.     Died  on  Speaker's  Table.     H.  J.,  p.   104  2. 
H.   B.   454 — By  Mr.   Stubbs. 

To  make  an  appropriation  to  secure  clinical  advantages  to  the 
students  of  the  Medical  Department. 

Adversely  reported.      H.  J.,   p.   1047. 
H.  B.  460 — By  Mr.  Beall. 

To  suspend  the  forfeiture  of  public  lands,  including  University 
lands,    for   non-payment   of   interest. 

Died  in  Senate.     H.  J.,  p.  1047. 
H.   B.    68  6 — -By  Mr.   Graham. 

To  establish  a  Branch  University  for  the  colored  race. 
Died  in  Committee.     H.  J.,  p.  1058. 
H.  C.  R.   31 — By  Mr.  Dashiell. 

To  authorize  and  instruct  the  Land  Commissioner  to  set  aside 
out  of  the  unappropriated  public  domain  such  land  as  may  be  nec- 
essary to  reimburse  the  University  for  lands  lost  on  account  of 
conflicts. 

Died  in   Committee.      H.   J.,   p.    1062. 

[During  February  and  March  a  number  of  petitions  coming  from  '"lored 
citizens  in  various  parts  of  the  State  asked  for  the  establishment  of  the 
Colored  Branch  of  the  University.     H.  J.,  pp.  322,  369,  388,  397,  571.] 

S.  B.  78 — By  Mr.  Sherrill. 

Appropriation  Bill. 

Motion  to  amend  by  adding  for  a  conservatory  of  music  in  the 
Main  University,  to  be  expended  within  2  years,  $10,000. 

Lost:     Yeas  9,  nays  14.     S.  J.,  pp.  374,  688. 
S.    B.    95 — By  Mr.    Goss. 

To  provide  for  the  sale  or  lease  of  all  free  school,  University 
and   asylum   lands,   the   patenting   of  such   lands   for  churcb,    ceme- 


394  University  of  Texas  Bulletin 

tery  or  school   house  sites,  the  prevention  of  free  use  or  unlawful 
enclosure  of  such   lands. 

After  amendments,  became  a  law  as  S.  B.  299.     S.  J.,  p.  724. 
S.   B.  110 — By  Mr.  Pressler. 
To  invest  the  Regents  with   the  control  of  the  University   lands. 

Became  a  law.     S.  J.,  p.  733;   H.  J.,  p.  1086. 
S.  B.   137 — By  Mr.  Beall. 

To  amend  Sections  6  and  8,  to  repeal  Section  9  of  the  Act  of 
March   30,    1881,   establishing  the  University. 

Became  a  law.     S.  J.,  p.   712;    H.  J.,  p.   1087. 
S.   B.   217 — By  Mr.  Dickson. 

To  provide  for  a  school  of  Dentistry  in  the  Medical  Department. 

Passed  Senate;  died  in  House.     S.  J  ,  p.  721;  H.  J.,  p.  1089. 
S.    B.    281 — By   Mr.    Tips. 

To  provide  for  the  sale  of  all  the  unappropriated  public  lands 
including  all  those  reserved  for  sale  by  chapter  52  of  General  Laws. 
Approved  July  14,   1879. 

Not   acted    on.      S.    J.,   p.    745. 
S.   B.    299 — By  Mr.   Goss. 

To  provide  for  the  sale  or  lease  of  all  free  school,  University  and 
asylum  lands. 

Became  a  law.     S.  J.,  p.  725;   H.  J.,  p.  1090. 
S.  J.  R.  7 — By  Mr.  Greer. 

To  appoint  a  committee  to  investigate  the  various  State  institu- 
tions. 

Referred  to  Committee  on  Educatibn.  Reported  favorably.  S. 
J.,   p.   748. 

GENERAL  LAWS 

S.  B.   110;   Ch.   18,  p.   19;   G.   10,  p.  749 

An  Act  to  invest  the  Board  of  Regents  of  the  University  of  Texas 
with  the  management  and  control  of  the  University  lands. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  the  Board  of  Regents  of  the  University  of  Texas  are  here- 
by invested  with  the  sole  and  exclusive  management  and  control 
of  the  lands  which  have  heretofore  been  or  which  may  hereafter 
be  set  aside  and  appropriated  to  or  acquired  by  the  University 
of  Texas,  with  the  right  to  sell,  lease  and  otherwise  manage, 
control  and  use  the  same  in  any  manner,  and  at  such  prices  and 
under  such  terms  and  conditions  as  may  to  them  seem  best  for  the 
interest  of  the  University,  not  in  conflict  with  the  Constitution  of 
this  State:  Provided,  that  such  land  shall  not  be  sold  at  a  less 
price  per  acre  than  the  same  class  of  land  of  other  funds  may  be 
sold  at  under  the  statutes. 


A  Source  Book  of  the  University  of  Texas 

Sec.  2.  The  Commissioner  of  the  General  Land  Office  is  hereby 
directed  to  furnish  as  soon  as  practicable  to  the  said  Board  of  Re- 
gents complete  and  accurate  maps  and  all  other  data  necessary  to 
show  the  location  and  condition  of  every  tract  of  said  University 
lands,  and  shall  at  all  times  hereafter  furnish  to  said  board  such 
additional  information  as  they  may  require,  and  shall  at  all  times 
render  to  said  board  such  assistance  as  may  be  possible  and  as 
they  shall  request  in  the  discharge  of  the  duties  hereby  imposed 
on  said  board. 

Sec.  3.  All  records  and  accounts  of  transactions  in  University 
lands,  and  of  moneys  paid  thereon,  shall  be  kept  in  the  General 
Land  Office,  and  in  office  of  the  Treasurer,  as  heretofore,  and  all 
patents  shall  be  signed  and  issued  as  heretofore,  and  all  moneys 
received  on  the  sales  or  leases  of  said  lands  shall  be  paid  to  the 
Treasurer  of  the  State. 

[Became  a  law  without  the  signature  of  the  Governor.] 

S.  H.  Bs.  125  and  138;    Ch.  86,  p.   135;    G.   10,  p.  865 

An  Act  making  appropriations  for  the  support  of  the  State  Gov- 
ernment for  the  years  beginning  March  1,  1895,  to  February  28, 
1897,  and  for  other  purposes. 

FOR  THE  UNIVERSITY  OF  TEXAS 

For  the  support  and  maintenance  of  the 
University  of  Texas,  all  of  the  availa- 
ble fund,  including  under  this  head 
the  interest  of  its  bonds,  the  interest 
from  its  land  notes,  the  income  from  its 
leases,  and  the  fees  of  its  students,  to 
to  be  under  the  control  of  the  board  of 
regents,  less  the  appropriation  herein 
made  for  the  Agricultural  and  Mechan- 
ical College;  all  yearly  fees  collected 
from  students  to  be  fixed  by  the  board 
of  regents,  and  to  not  more  than  $50 
per  year  from  each  student  in  the  law 
department,  and  not  more  than  $10  per 
year  from  each  student  in  academic  de- 
partment. 

For    payment    of    current    expenses $25,000.00      $22,500.00 

Provided,    that    $2,500.00    of    the    appropria- 
tion   for    the    year    ending    February    29, 
1896,    may    be    used    to     defray     the     ex- 
penses   of    the    management  '  of    the    Uni- 
versity  lands. 


396  University  of  Texas  Bulletin  > 

MEDICAL  BRANCH  OF  THE  UNIVERSITY  OF  TEXAS 

Maintenance    of    Medical    department $38,500.00      $38,500.00 

AGRICULTURAL    AND    MECHANICAL    COLLEGE" 

For  the  support  and  maintenance  of  the  Agri- 
cultural and  Mechanical  College,  out  of 
general  revenue,  $19,500,  and  out  of  avail- 
able University  fund,  $500,  each  year 20,000.00        20,000.00 

[The  appropriations  for  the  A.  and  M.  College  are  subject  to  the  same 
provisos  as  in  Chapter  98,  General  Laws,  Twenty-third  Legislature,  Regular 
Session.] 

Approved,   May   3,    1895. 

VETO  OF  GOVERNOR   C.   A.  CULBERSON 

May   3,    1895;    Record   No.    380.       General    Laws,    Vol.    2,    Twenty- 
fourth   Legislature.      Department   of   State. 


11.  Under  the  head  of  the  University  of  Texas  there  is  an  ap- 
propriation of  $27,500  for  the  payment  of  current  expenses  for 
the  year  ending  February  28,  1896,  which  is  inadvertantly  $2500 
more  than  requested  by  the  Board  of  Regents,  and  the  item  is 
therefore  reduced  to   $25,000. 

12.  The  item  of  $6000  for  apparatus  necessary  for  the  Depart- 
ment of  Electrical  Engineering  and  the  item  of  $5000  for  the  Li- 
brary of  the  University.  I  am  a  friend  to  the  University  and  am 
ready  to  advance  its  interests  in  every  proper  way.  The  founders 
of  this  institution  contemplated  its  equipment  and  maintenance 
out  of  the  available  University  fund.  Notwithstanding  this,  the 
appropriation  for  the  next  two  years,  amounting  to  $47,500  out  of 
the  General  Revenue,  is  in  excess  of  that  of  two  years  ago  by  $16,- 
500.  The  University  is  already  provided  with  a  handsome  library, 
consisting  of  about  11,000  volumes.  In  addition  to  the  increased 
appropriation  mentioned,  at  the  request  of  the  Board  of  Regents, 
who  believe  the  revenues  of  the  University  will  thus  be  greatly 
increased,  the  control  and  disposition  of  the  University  lands  have 
been  given  them.  With  the  increased  appropriation  already 
noticed  and  the  increased  revenues  anticipated  from  the  man- 
agement of  the  lands  by  the  Board  of  Regents,  it  may  be 
that  these  two  items  can  be  provided  for  out  of  the  University 
fund,  but  if  they  must  finally  be  paid  out  of  the  General  Revenue, 
the  condition  of  the  Treasury  is  not  such  that  the  expenditure  can 
be  made  at  this  time. 


A  Source  Book  of  ilie  University  of  Texas  °>9~ 

13.  The  item  of  $2000  for  each  year  for  salary  of  Instructor 
and  Assistant  for  Training  School  for  Nurses.  Without  reference 
to  this  item,  the  expenses  of  the  Medical  Branch  of  the  Univer- 
sity, as  borne  by  the  General  Revenue,  are  increased  $13,100  for 
the  next  two  years  as  compared  with  the  previous  two  years,  and 
under  the  existing  conditions,  especially  since  the  Board  of  Regents 
have  not  requested  this  appropriation,  it  is  not  a  reasonable  demand 
upon  the  State. 

S.  B.  .137;    Ch.   Ill,  p.    169.      G.   10,   p.   899 

An  Act  to  amend  Sections   5  and   8  and  to  repeal   Section   9. of  an 
Act  approved  March  30,   1881,  entitled  "An  act  to  establish  the 
University  of  Texas." 
Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 

That    sections    5    and    8    of    an    act    approved    March    30,     1881, 

entitled  "An  act  to  establish  the  University  of  Texas,"  shall  be  so 

amended   as  to  hereafter  read   as  follow.^: 

Section  5.  The  government  of  the  University  shall  be  vested  in 
a  board  of  eight  regents,  selected  from  different  portions  of  the 
State,  who  shall  be  nominated  by  the  Governor,  and  appointed  by 
and  with  the  advice  and  consent  of  the  Senate.  The  members  of 
the  board  of  regents  heretofore  appointed  shall  continue  to  exer- 
cise their  duties  until  the  expiration  of  tneir  respective  terms. 

Section  8.  The  regents  shall  elect  a  chairman  of  the  board  of 
regents  from  their  own  number,  who  shall  hold  his  office  during 
the  pleasure  of  the  board.  They  shall  establish  the  departments 
of  a  first  class  university,  determine  the  offices  and  professorships, 
appoint  a  president,  who  shall,  if  they  think  it  advisable,  also  dis- 
charge the  duties  of  a  professor,  appoint  the  professors  and  other 
officers,  fix  their  respective  salaries,  and  they  shall  enact  such  by- 
laws, rules  and  regulations  as  may  be  necessary  for  the  successful 
management  and  government  of  the  University;  they  shall  have 
power  to  regulate  the  course  of  instruction  and  prescribe,  by  and 
with  the  advice  of  the  professors,  the  books  and  authorities  used 
in  the  several  departments,  and  to  confer  such  degrees  and  to  grant 
such  diplomas  as  are  usually  conferred  and  granted  by  universities. 

Section   2.      Section    9   of   said  act  is   hereby  repealed. 

Became  a  law  without  the  signature  of  the  Governor. 


398  University  of  Texas  Bulletin 

TWENTY-FOURTH    LEGISLATURE,     CALLED    SESSION, 
OCTOBER  1  TO  7,  1895 

PROCEEDINGS  IN   THE  LEGISLATURE 

H.   B.   7 — By  Mr.   Owsley. 

To  validate  certain  illegal  sales  of  public  school,  University  and 
asylum  lands  sold  under  Section  22,  chapter  99,  Laws  of  1887,  as 
isolated   and   detached  lands. 

Favorably  reported.     S.  B.  7  substituted.     H.  J.,  .p.  58. 
S.   B.   7 — By  Mr.  Rogers. 

To  validate  certain  illegal  sales  of  public  lands  (including  Uni- 
versity lands)  sold  under  Section  22,  chapter  99,  of  the  laws  of 
1887. 

Read  third  time  and  passed.  Died  on  Speaker's  table.  S.  J.,  p. 
28;    H.   J.,    p.    61. 

TWENTY-FIFTH     LEGISLATURE,     REGULAR     SESSION, 
JANUARY  12,  TO  MAY  21,  1897 

MESSAGE   OF   GOVERNOR   C.   A.   CULBERSON 
January  14,  1897;  H.  J.,  p.  15,  16,  25;  S.  J.,  p.  9,  10,  19 

.  .  .  .  Notwithstanding  the  general  financial  depression,  the 
attendance  at  the  University  and  the  medical  branch,  has  increased, 
and  at  the  Agricultural  and  Mechanical  College  and  the  Sam  Houston 
Normal  Institute  has  been  maintained.  The  new  lease  law  will 
probably  increase  the  income  of  the  University  from  leases  ten 
thousand   dollars  annually  for  use  in  current  expenses. 


[The  message  goes  on  to  show  in  a  table  of  the  State  institutions  that 
during  1893,  $37,07S.03,  during  1894,' $61,779.98  were  expended  for  the  Uni- 
versity.    During  1895,  $62,692.92,  during  1S96,  $67,924.28  were  so  expended.] 


As  compared  with  the  appropriations  for  the  current  two  years, 
the  following  are  the  largest  items  of  increase  in  requisitions 
made: 

Medical    Branch    of    the    University     ($50,000    for    new 

building,  the  remainder  for  current  expenses) $   63,333.32 

State    University     ' $333,201.60 

Of  this  increase  $230,000  is  for  new  buildings,  the  remainder  for 
repairs,  libraries,  equipments,  and  for  current  expenses 


A  Source  Book  of  ihe  University  of  Texas  399 

But  in  addition  to  this  it  must  be  borne  in  mind  that  appropriations 
over  those  of  the  current  two  years  and  to  which  the  Legislature  is 
pledged  seem  necessary  for  the  Confederate  Home,  Insane  Asylums, 

University  and  Agricultural  and  Mechanical  College State 

pride,  remembrance  of  the  aspirations  of  the  fathers,  and  sincere 
appreciation  of  the  great  work  in  which  these  schools  are  engaged, 
suggest  that  any  reasonable  requisition  for  the  support  and  neces- 
sary expansion  of  the  University  and  Agricultural  and  Mechanical 
College  should  be  granted.  By  section  14,  article  7,  of  the  Consti- 
tution, the  Legislature  is  prohibited  from  appropriating  general  reve- 
nue for  the  erection  of  buildings  of  the  University,  and  it  is  apparent 
that  other  increased  demands  made  by  it  as  well  as  some  by  the 
asylums  and  Agricultural  and  Mechanical  College  are  impracticable 
at  this  time. 

PROCEEDINGS    IN    THE    LEGISLATURE. 

H.  B.  13 — By  Mr.  Robbins. 

To  validate  certain  illegal  sales  of  public  school,  University  and 
asylum   lands. 

Became  a  law.     H.  J.,  p.   1418;    S.  J.,  p.   961. 
H.   B.   70 — By  Mr.   Smith. 

To  provide  for  the  survey  of  lands  to  be  set  apart  as  a  perman- 
ent endowment  fund  for  the  Branch  University  for  colored  people. 

Died  in  the  Senate.      H.   J.,  p.   1421;    S.  J.,  p.    962. 
H.   B.   124 — By  Mr.   Bell. 

To   provide  for  the  survey  of  lands  to  be  set  apart  as  a  perm- 
anent endowment  fund  for  the  Branch  University  for  colored  people. 

Became  a  law.      H.  J.,   1423;    S.  J.,  p.   964. 
H.  B.  203 — By  Mr.  Garrison. 

General  Appropriation  Bill. 

This  bill  appropriated  to  the  University  for  each  year  as  follows: 

For    Main    University $45,000      $45,000 

For    Medical    Branch 38,500        38,500 

For    repairs     4,000 

Less   for   A.    &    M 500  500 

Whole  bill  vetoed.     H.  J.,  p.  1426;   S.  J.,  p.  965. 
H.    B.    439 — By   Mr.   Curry. 

To  appropriate   $7,500   to   establish   a   normal   department  in   the 
University. 

Died   on  Speaker's  table.      H.   J.,   p.    1435. 
H.   B.   503 — By  Mr.  Gilbough. 

To  aid  in  the  support  of  the  John   Sealy  Hospital  and  make  an 
appropriation    for   the    two   years   beginning   March    1,    1899. 

Adversely  reported.     H.  J.,  p.   1437. 
H.   B.    655 — By   Mr.   Fisher. 


400  University  of  Texas  Bulletin 

To  limit  the  right  of  teachers  and  other  persons  connected  with 
any  school,  college  or  university,  to  make  rules  and  regulations 
for  the  government  and  control  of  any  child,  so  as  to  interfere 
with  the  right  of  the  parent  to  control  and  manage  his  or  her 
child    and   to   provide   a  penalty   for   violation. 

Favorably  reported.  Died  on  Speaker's  Table.  H.  J.,  p.  1443. 
H.  J.  R.   7 — By  Mr.  Sluder. 

Ratifying  and  approving  the  action  of  the  State's  attorneys  in 
compromising  its  claims  for  University  lands  in  McLennan  County. 

Became  a  law.     H.  J.,  p.  1448;  S.  J.,  p.  984. 
S.   B.   24 — By  Mr.   Rogers. 

To  validate  certain  illegal  sales  of  public  school,  University  and 
asylum  lands  sold  under  Section  22,  chapter  99,  of  Laws  of  18  8  7. 

Died  on  Calendar.      S.  J.,  p.  932. 
S.  B.  41 — By  Mr.  Wayland. 

Appropriation   bill. 

Became  a  substitute  for  H.  B.   203.     S.  J.,  p.  933. 
S.  B.   48 — By  Mr.  Pressler. 

To  provide  for  a  survey  of  lands  to  be  set  apart  as  an  endowment 
for  a  Branch  University  for  colored  people. 

Passed  Senate.      Died  in  House.      S.  J.,  p.  934;  H.  J.,  p.  1468. 
S.  B.  51 — By  Mr.  Bailey. 

To  amend  Article  4268  Revised  Statutes  providing  for  the  per- 
manent endowment  in  lands  or  its  proceeds  of  the  University 
and  its  branches,  including  a  branch  for  colored  youths,  and  to 
provide    for   an    equal    endowment    for   the    common    schools. 

Reported  adversely;     S.  J.,  p.  934. 
S.  B.   100— By  Mr.  Stone. 

To  transfer  to  the  available  University  fund  the  unexpended 
balance  of  the  U.  S.  direct  tax  fund  remaining  in  the  State  treas- 
ury on  the  third  day  of  March,  A.  D.  189  7,  and  appropriating  the 
same  to  the  construction  and  completion  of  buildings,  and  in  mak- 
ing  of   other   permanent   improvements   of   and    for    the   University. 

Died  in  House.     S.  J.  p.  938;  H.  J.  p.  1469. 
S.    B.    17  3 — By  Mr.   Tillett. 

To  provide  for  the  sale  and  lease  of  the  land  belonging  to  the 
school,  asylum,  University,  and  orphan's  home  funds. 

Died  in  committee.      S.  J.,  p.   944. 
S.  B.   252 — By  Mr.  Pressler. 

To  establish  a  normal  department  of  the  University. 

Died  in  committee.      S.   J.,   p.   950. 
S.  C.  R.  18 — By  Mr.  Yantis. 

To  return  H.  J.  R.  7  to  the  Senate  that  it  may  be  signed  by  the 
President.     S.  J.f  p.  997;   H.  J.,  p.   1474. 
S.  C.  R.   15 — By  Mr.  Ross. 


A  Source  Book  of  tin   University  of  Texas  401 

To  thank  Sir  Swante  Palm  foV  the  gift  of  his  library  to  the  Uni- 
versity. 

Became  a  law.     S.  J.,  p.  997;   H.  J.,  p.   1474. 

GENERAL  LAWS 

H.   B.   124;    Ch.    109,   p.    148;    G.    10,   p.    1202 

An  Act  to   provide    for    the  survey  of  lands  to  be  set  apart  as  a 

permanent  endowment  fund  for  the  Branch  University  for  Colored 

people  of  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  the  Governor  and  the  Commissioner  of  the  General  Land 
Office  be  and  they  are  hereby  authorized  to  contract  with  and 
appoint  a  competent  surveyor  to  survey  and  return  to  the  General 
Land  Office  plats  and  field  notes  of  one  hundred  thousand  acres 
of  jand,  to  be  surveyed  out  of  any  of  the  vacant  public  and  unsur- 
veyed  lands  of  this  State  in  the  manner  hereinafter  provided.  They 
shall  contract  with  such  competent  surveyor  at  the  lowest  price 
consistent  with  competency  and  efficiency  in  discharging  the  duties 
of  surveyor.  If  they  deem  it  necessary  they  may  advertise  for  bids 
from  surveyors.  The  surveyor  so  appointed  shall  enter  into  a 
good  and  sufficient  bond  in  a  sum  of  not  less  than  double  the  con- 
tract price  of  the  surveys,  conditioned  that  he  will  faithfully  com- 
ply with  the  requirements  of  this  act,  which  bond  shall  be  payable 
tc  the  governor  of  the  State,  and  be  approved  by  him. 

Sec.  2.  The  Commissioner  of  the  General  Land  Office  shall  furn- 
ish the  surveyor  appointed  under  authority  of  this  act  with 
sketches  showing  connections  with  any  existing  and  established 
corners  from  which  he  may  begin  the  surveys.  He  shall  survey 
the  lands  into  sections  of  640  acres  and  in  blocks  after  the  manner 
of  the  railway  surveys  now  existing  in  this  State,  and  shall  make 
plats  of  each  block  and  survey,  numbering  the  blocks  in  numerical 
order,  beginning  with  number  one,  and  shall  also  number  each 
section  in  each  block  in  the  same  manner,  beginning  with  number 
one  in  each  block.  In  all  cases  he  shall  mark  and  establish  two 
corners  on  the  ground  for  each  survey,  and  the  lines  between 
which,  if  in  timber,  shall  be  distinctly  marked.  Said  corners  shall 
be  made  with  at  least  two  bearings,  if  in  timber,  and  if  in  prairie, 
by  earth  mounds  six  feet  in  diameter  and  three  feet  high  or  with  a 
pile  of  rocks  not  less  than  two  feet  high.  He  shall  actually  survey 
each  section  on  the  ground  and  sign  the  field  notes,  himself,  of 
survey  separately  and  have  his  chain  carriers  to  attest  the  field  notes 
of  each  survey  by  their  own  signatures.  The  surveyor  shall  then  cir- 
tify  that  he  actually  surveyed  the  land  embraced  in  the  field  notes, 
on  the  ground,  and  that  the  field  notes  correctly  describe  the  land. 

26 — 121:7 


102  University  of  Texas  Bulletin 

He  shall  have  the  field  notes  of  each  survey  and  plat  recorded  in 
th«  surveyor's  record  of  the  county' or  counties  in  which  the  lands 
surveyed  are  situated  or  in  the  county  to  which  such  county  may 
be  attached  for  surveying  purposes  in  the  manner  now  required  by 
law.  He  shall,  however,  first  forward  the  field  notes  of  all  surveys 
made  in  any  county  to  the  commissioner  of  the  land  office  for  ex- 
amination both  as  to  correctness  and  as  to  conflicts  with  older  valid 
surveys,  and  upon  their  return  to  the  surveyor,  and  after  being 
approved  by  the  commissioner,  they  shall  be  recorded  as  above  re- 
quired. After  the  field  notes  are  recorded  the  said  surveyor  shall 
make  a  plat  of  each  block  of  surveys  according  to  the  field  notes  so 
made  by  him,  and  return  same,  together  with  the  original  field 
notes,  recorded,  to  the  general  land  office.  All  the  lands  surveyed 
as  required  by  this  act  shall  thereafter  be  mapped  in  the  land 
office  and  shall  be  known  and  designated  as  the  Branch  University 
surveys  for  the  colored   people. 

Sec.  3.  It  shall  be  the  duty  of  the  commissioner  to  have  the 
sections  carefully  numbered  on  the  map  in  accordance  with  the 
field  notes  of  the  surveys  and  blocks  so  returned  by  the  surveyor. 
The  odd  numbered  surveys  shall  thereafter  be  set  apart  and  con- 
stitute a  permanent  endowment  for  a  branch  University  for  the 
Colored  people,  and  the  even  numbered  sections  shall  thereafter 
be  set  apart  and  constitute  a  permanent  endowment  for  the  public 
free  schools  of  the  State.  None  of  the  odd  numbered  lands  sur- 
veyed, as  required  by  this  act,  shall  be  put  on  the  market  and  dis- 
posed of  by  the  commissioner  of  the  land  office,  but  shall  be  under 
the  control  of  the  Board  of  Regents  for  the  University  of  Texas, 
and  held  by  the  board  in  trust  for  the  benefit  of  the  said  branch 
University  for  the  colored  people.  All  the  funds  received  by  said 
board  for  leases  or  sale  of  said  lands  shall  be  held  sacred  for  the 
benefits  and  uses  herein  designated.  The  commissioner  shall  not 
sell  the  even  numbered  sections  set  apart  herein  for  the  public  free 
school  fund,  but  may  lease  the  same  to  such  persons  only  as  may 
lease  from  the  Board  of  Regents  the  odd  numbers.  Whenever  the 
board  may  desire  to  sell  said  lands,  they  may  contract  for  its  sale, 
and  the  purchaser,  upon  exhibiting  to  the  commissioner  of  the 
land  office  such  contract  and  depositing  with  him  a  duplicate  copy 
of  the  same,  the  commisioner  may  also  sell  the  school  sections  cor- 
responding with  such  odd  numbers  on  the  same  terms  and  at  the 
same  price  per  acre  as  that  embraced  in  the  contract;  provided,  it 
shall  not  be  sold  for  less  than  one  dollar  per  acre:  The  proceeds  to 
be  paid  into  the  treasury  of  the  State,  as  now  provided  by  law. 

Sec.  4.  Any  of  the  vacant  and  unsurveyed  public  domain  situ- 
ated in  any  of  the  counties  embraced  in  Chapter  XXXIII,  approved 


A  Source  Book  of  tlic  University  of  Texas  403 

March  11,  1881,  may  be  surveyed  for  the  purposes  set  out  in  this 
act,  notwithstanding  any.  reservation  therein  or  elsewhere. 

Sec.  5.  If  any  sale  shall  be  made  of  the  school  lands  herein  as 
provided  in  Section  4  of  this  act,  and  any  payment  of  principal  or 
interest  shall  not  be  made  according  to  the  contract  of  sale,  it  shall 
be  the  duty  of  the  commissioner  of  the  general  land  office  to  for- 
feit the  contract  without  judicial  ascertainment,  as  now  provided 
by  law,  and  the  contract  shall  contain  a  stipulation  authorizing 
such   forfeiture   which  shall   be   signed   by   the   purchaser. 

Sec.  6.  The  surveyor  shall  be  paid  by  a  warrant  of  the  comp- 
troller drawn  on  the  trasurer  of  the  State  out  of  the  general  rev- 
enue upon  the  presentation  to  the  comptroller  of  the  certificate  of 
the  commissioner  of  the  general  land  office  certifying  that  the 
lands  have  been  surveyed  and  field  notes  and  plats  have  been  prop- 
erly returned  to  the  land  office.  He  shall  also  reimburse  in  the 
same  manner  the  contractor  for  any  sum  of  money  for  fees  which 
he  may  have  paid  to  the  county  surveyor  for  recording  field  notes 
and  plats,  not  in  excess  of  the  fees  now  provided  by  law  for  such 
recording. 

Approved,   May   7,    1897. 

[See  p.   418.] 

H.  B.  13;   Ch.  115,  p.   160;  G.   10,  p.   1214 

An  Act  to  validate  certain  illegal  sales  of  Public  School,  University, 
and    Asylum    lands,    sold    under    Section    22,    Chapter    99,    of   the 
Acts  of  1887,  and  the  amendments  thereto,  sold  as  isolated  and 
detached  lands,  which  were  not  in  fact  isolated  and  detached. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  all  sales  of  Public  School,  University,  and  the  several  asylum 
lands  which  were   sold   as   isolated  and   detached   lands   under  sec- 
tion   22,    Chapter    99    of   the    acts   of    the    Legislature    of   the   State 
of  Texas,    of    1887,   and   amendments    thereto,    which    were   in   fact 
not   isolated    and    detached,    as    construed    by   the   Supreme    Court, 
where   the   original   sales    have   not    been    canceled    and    the    lands 
resold,  be  and  the  same  are  in  all  things  hereby  legalized  and  made 
valid   in   all    cases   where   such    sales   would    have    been    valid    if   the 
lands   so   sold    had   in    fact   been   isolated   and    detached;    provided, 
that   when   applications   have   been   made   for   the   purchase   of   any 
such    lands,    in    advance   of   placing   of   the    same     on     the     market 
again,  it  shall  not  have  the  effect  of  a  sale  of  such   lands,   nor  of 
requiring   the   Commissioner   of   the    General   Land   Office   to    award 

such  lands  to  such  applicants 

Approved   May   13th,    1897. 


404  University  of  Texas  Bulletin 

S.   C.   R.    15;    p.  260.      G.   10,  p.   1314 

Tendering  thanks  of  the  people  of  Texas  to  the  Honorable  Swante 
Palm  for  donation  of  his  library  to  the  State  University. 

Whereas,  The  Honorable  Swante  Palm,  a  distinguished  citizen  of 
Austin,  and  the  consular  representative  of  his  Majesty,  the  King 
of  Sweden,  at  the  Texas  capital,  has  manifested  his  patriotic  and 
generous  interest  in  the  intellectual  development  of  the  youth  of 
the  State,  by  making  to  the  Texas  State  University,  a  free  donation 
of  his  magnificent  library,  consisting  of  rare  volumes,  valuable 
manuscripts,  and  costly  works  of  art;   and^ 

Whereas,  It  is  appropriate  that,  as  an  inadequate,  but  sincere 
recognition  of  this  splendid  gift,  the  Legislature  of  this  State  rep- 
resenting the  whole  people,  should  give  formal  expression  of  the 
people's    gratitude   to    the    Honorable    Swante    Palm;    the'refore, 

Be  it  resolved  by  the  Senate  of  the  State  of  Texas,  the  House 
concurring:  That  the  people  of  the  State  of  Texas,  without  regard 
to  political  sentiment,  and  each  constituency  speaking  through  its 
senator,  and  member  or  members  of  the  House  of  Representa- 
tives, hereby  tender  to  the  Honorable  Swante  Palm,  their  pro- 
found thanks  for  his  splendid  gift. 

Resolved,  That  an  enrolled  copy  of  this  Concurrent  Resolution, 
signed  in  autograph  by  the  President  and  Secretary  of  the  Senate, 
and  the  Speaker  and  Chief  Clerk  of  the  House  of  Representatives, 
and  countersigned  by  the  Governor  and  Secretary  of  State,  and 
bearing  the  impress  of  the  seal  of  the  State,  be  presented  to  the 
Honorable  Swante  Palm,  by  a  joint  committee  of  two  Senators,  to 
be  appointed  by  the  President  of  the  Senate,  and  three  Represen- 
tatives, to  be  appointed  by  the  Speaker  of  the  House  of  Represen- 
tatives. 

Approved  March  4,  1897. 

H.  J.  R.  7;  p.  265;  G.  10,  p.  1319 

Ratifying  and  confirming  the  action   of   the  attorneys  representing 

the   State  of  Texas   in   compromising   its   claim   to   its   University 

lands   in   McLennan   County,   Texas. 

Whereas,  The  16th  Legislature  of  the  State  of  Texas,  at  its  reg- 
ular session  in  1879,  passed  a  joint  resolution  authorizing  and  di- 
recting the  Attorney  General  to  institute  and  prosecute  such  legal 
proceedings  as  might  be  necessary  to  establish  the  title  of  the 
State  to  its  University  lands  in  McLennan  and  Hill  counties,  and  to 
remove  all  clouds  upon  said  title;    and 

Whereas,  The  Seventeenth  Legislature,  at  its  regular  session  in 
1881,  passed  an  act  to  provide  for  the  protection  of 'the  State  to 
the  University  lands   in   McLennan   and    Hill   counties,    and   author- 


A  Source  Book  of  the  University  of  Texas  405 

ized  the  Governor  and  Attorney  General  to  employ  competent  coun- 
sel to  defend  the  title  of  the  State  to  said  lands;  and 

Whereas,  In  pursuance  of  said  resolution  and  act,  the  Governor 
and  Attorney  General  employed  counsel  who  instituted  suit  in  the 
Nineteenth  Judicial  District  Court  of  McLennan  County,  Texas,  to 
recover  of  Jennie  Lewis  and  a  number  of  others,  defendants 
therein  named,  fourteen  thousand  acres  of  land  lying  in  McLen- 
nan County,  Texas;  and 

Whereas,  The  State's  said  attorneys  comprised  said  suit  with 
said  defendants,  whereby  the  State  reclaimed  6533  acres  of  the 
said  lands  for  its  entire  interest  in  the  same,  entered  by  decree  of 
the  court  in  said  cause,  and  the  said  defendants  were  given  7022 
acres  by  the  terms  of  the  same  decree;  and 

Whereas,  The  Appellate  Courts  of  our  State  have  held  that  the 
State's  said  attorneys  exceeded  their  authority  in  making  said 
compromise,  and  that  the  same  did  not  affect  the  title  of  the  State 
to  its  said   lands;    therefore, 

Section  1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas: 
That  the  said  compromise  made  by  the  said  attorneys  for  the  State 
in  said  cause,  be,  and  the  same  is  hereby  in  all  things  ratified  and 
confirmed. 


Became  a  law  without  the  Governor's  signature. 

TWENTY-FIFTH     LEGISLATURE,      CALLED     SESSION, 
MAY  22,  TO  JUNE  20,  1897 

MESSAGE   OF   GOVERNOR   C.   A.   CULBERSON 
May  27,  1897;   H.  J.,  p.   13;   S.  J.,  p.  5 

Taking  the  appropriation  bill  passed  at  the  regular  session  as  a 
basis,  it  is  believed  ^hese  reductions  may  be  safely  made  for  the 
next  two  years  exclusive  of  some  small  items:  In  the  governor's 
office,  $5,000;  relief  of  liquor  dearers,  $10,000;  in  the  University, 
$10,000;  in  the  Agricultural  and  Mechanical  College,  $10,000;  in 
the  Sam  Houston  Normal  Institute,  $20,000;  for  fees  in  examining 
trials,  $20,000 aggregating  $207,920. 

PROCEEDINGS   IN  THE   LEGISLATURE 

H.   B.   1 — By  Mr.  Garrison. 

General  appropriation   bill. 

Substituted  by  S.  B.  2.     H.  J.  p.  242. 
H.  B.  5 — By  Mr.  Burney. 

General  appropriation  bill. 


lotl  University  of  Texas  Bulletin 

Substitute  reported  for  this  bill  and  H.  B.    1.      H.  J.,  p.   24  2. 
H.    B.   10 — By  Messrs.   Logan  and  Tracy. 

General  appropriation  bill. 

Substitute  reported  for  this  bill  and  H.  B.  1  and  H.  B.  5.  H.  J., 
p.   242. 

June  9,    1897;    H.  J.,   p.   110,    118 

Resolution — By  Mr.    Hensley. 

Whereas,  The  University  of  Texas  is  the  property  of  the  people 
in  which  all  have  a  common  interest;    and 

Whereas,  It  is  currently  reported  that  there  has  been  employed 
and  included  in  the  faculty  of  said  University  those  who  are -out  of 
touch  and  not  in  sympathy  with  the  traditions  of  the  South,  but 
hold  our  traditions  and  our  institutions  in  contempt,  and  circulate 
and  teach  political  heresies  in  place  of  the  system  of  political 
economy  that  is  cherished  by  our  people;   therefore  be  it 

Resolved,  That  the  Speaker  of  the  House  appoint  a  committee  of 
five  members,  who  shall  investigate  and  report  the  truth  or  incor- 
rectness of  such  charges.  Said  committee  shall  have  power  to  sum- 
mon witnesses  and  take  testimony;    and   be  it  further 

Resolved,  That  we,  as  representatives  of  the  people,  request  the 
regents  of  the  University  to  exercise  great  care  hereafter  in  se- 
lecting as  members  of  the  faculty  only  those  who  are  known  to  be 
in  sympathy  with  Southern  political  institutions,  and  further  re- 
quest them  to  cancel  as  soon  as  possible  any  existing  contract  with 
members  of  the  faculty  not  so  in  sympathy. 

(Signed:  Hensley,  Shelburne,  Burns,  Barbee,  Wall,  Rogan,  Ew- 
ing,  and  Dillard.) 

June  17,  1897;  H.  J.,  pp.  191-192 

Hon.  L.  T.  Dashiell,  Speaker  of  House: 

Your  committee  appointed  under  authority  of  a  resolution 
adopted  in  the  House  on  June  10,  1897,  with  instructions  to  in- 
vestigate the  report  relative  to  the  University  of  Texas,  submit  the 
following  report: 

The  committee  visited  the  University  and  made  as  thorough  an 
examination  of  the  matter  as  the  limited  time  would  permit. 

We  formulated  a  list  of  questions,  and  then  in  a  joint  meeting 
with  the  board  of  regents  the  questions  were  read  and  a  free  dis- 
cussion held  thereon.  We  also  questioned  President  Winston, 
Professor  of  Political  Science,  D.  F.  Houston,  and  Professor  of 
History,  George  F.  Garrison.  These  gentlemen  stated  that  there 
was  not  being  taught,  to  their  knowledge,  anything  that  would  re- 
flect on  Southern  institutions  or  that  would  be  unacceptable  to 
Southern  people. 


A  Source  Book  of  the  University  of  Texas  407 

We  ascertained  that  of  the  professors  two  were  from  North  Car- 
olina, one  from  New  Jersey,  two  from  Indiana,  three  from  Vir- 
ginia, four  from  Texas,  one  from  New  York,  one  from  Georgia,  one 
from  South  Carolina,  one  from  Wisconsin,  one  from  Kentucky, 
one  from  Maryland,  one  from  Alabama,  and  one  from  Switzer- 
land; and  in  addition  there  were  employed  eleven  graduates  of 
the  University  of  Texas  as  instructors,  tutors  and  fellows.  In 
answer  to  a  direct  question,  the  board  of  regents  stated  that  on 
their  part  there  never  has  been  any  desire  to  employ  professors  or 
not  to  employ  professors  beecause  of  their  coming  from  the  Northern 
States.  The  sole  test  has  been  fitness  for  the  position,  which  has 
Included  a  careful  inquiry  into  family  history  and  moral  charac- 
ter. 

The  personal  predilections  of  the  regents  are,  other  things  being 
equal,  for  Texas  men  first  and  Southern  men  next,  and  we  are  sat- 
isfied that  there  has  not  been  taught  in  the  University  anything 
objectionable  to   Southern   people. 

We  believe  that  the  board  of  regents  have  the  best  interests  of 
the  University  at  heart  and  are  very  earnest  in  their  efforts  to  build 
it   up. 

The  committee  has  not  had  the  time  to  make  a  critical  exam- 
ination of  the  book  written  by  Professor  Houston  entitled  "A 
Study  of  Nullification  in  South  Carolina,"  but  from  a  casual  read- 
ing would  pronounce  it  to  be  unacceptable  from  a  Southern  stand- 
point as  setting  forth  principles  contrary  to  Southern  teachings. 
We  questioned  Professor  Houston,  who  is  a  South  Carolinian,  with 
regard  to  the  book,  and  he  stated  that  it  was  written  before  he 
came  to  Texas,  and  that  in  his  teaching  here  it  was  not  used,  nor 
was  it  referred  to. 

We  recommend  that  each  succeeding  Legislature  shall  appoint 
a  committee  to  investigate  thoroughly  the  University  and  other 
educational  institutions  of  the  State,  as  provided  by  law. 

We  append  hereto  a  statement  made  and  signed  by  the  Board  of 
Regents,  made  in  answer  to  direct  questions  propounded  to  them 
by  the  Committee. 

HENSLEY,    Chairman. 

TRACY, 

BURNS, 

McGAUGHEY, 

HILL  of  Travis. 

No  instruction  is  given  in  the  University  of  Texas  of  a  partisan 
or  sectarian  character,  nor  have  any  partisan  or  sectarian  tests 
been  used  in  the  selection  of  members  of  the  University  faculty. 
Professors  have  been  selected  with  reference  to  their  qualifications. 
The  members  of  the  faculty  from  twenty  different  collegs  and  uni- 


K)S  /  ni  tersity  of  Texas  Bulletin 

versities  in  America  and  Europe.  Should  any  member  of  the  faculty 
attempt  to  inculcate  sectarian  or  partisan  ideas,  he  would  be  consid- 
er! <1  unfit  to  teach  in  the  University,  and  the  regents  would  require 
his  resignation.  Only  three  subjects  taught  in  the  University  relate  to 
political  matters,  to-wit:  History,  political  science,  and  constitutional 
law.  All  these  subjects  are  taught  from  the  standpoint  of  scientific 
investigation,  and  not  of  partison  advocacy  and  propaganda.  In 
studying  the  interpretation  of  the  Constitution,  for  example,  the 
arguments  of  lawyers,  the  speeches  and  writings  of  statesmen  and 
public  men,  and  the  decisions  of  the  Supreme  Court,  are  set  before 
the  students,  who  study  them  as  they  would  questions  in  science, 
philosophy,  and  mathematics.  The  attitude  of  the  professor  is 
partly  that  of  an  investigator  and  partly  that  of  a  judge  impartially 
summing  up  the  evidence.  In  studying  the  tariff  and  other  current 
questions,  the  students  consider  not  merely  the  writings  of  all  the 
acknowledged  authorities,  but  also  the  speeches  of  political  lead- 
ers, made  in  Congress  and  on  the  hustings,  on  each  side.  The  Uni- 
versity does  not  aim  to  make  politicians,  but  students.  It  teaches 
methods  of  study  rather  than  conclusions. 

The  regents  recognize  the  rights  of  individual  professors  to  ex- 
ercise private  judgment  in  matters  political  and  religious.  They 
regard  the  University  as  a  miniature  of  the  State,  where  young 
men  and  women  of  all  religious  faiths  and  political  beliefs,  of  all 
classes  and  conditions  in  life,  mingle  together,  on  terms  of  perfect 
equality,  for  the  cultivation  of  their  intellects,  the  investigation  of 
truth,  and  the  pursuit  of  lofty  ideals  of  manhood.  In  the  student 
body  are  Democrats,  Republicans,  Populists,  Prohibitionists,  and 
Christians  of  all  denominations. 

There  has  never  been  any  desire  on  the  part  of  the  board  of  re- 
gents to  employ  professors  or  not  to  employ  professors  because  of 
their  coming  from  the  Northern  States.  The  sole  test  has  always 
been  fitness  for  the  position,  which  has  included  a  careful  inquiry 
into  family  history  and  moral  character. 

The  courses  of  instruction  in  the  University  are  laid  down  by 
the  faculty,  subject,  of  course,  to  the  general  control  of  the  board 
of  regents.  There  is  not  now,  nor  has  there  ever  been,  in  the  Uni- 
versity of  Texas,  any  instruction  intended  or  calculated  to  hold  in 
contempt  the  Southern  people  or  ridicule  their  institutions.  The 
regents  believe  that  all  teachers,  everywhere,  to  be  successful, 
must  be  in  sympathy  with  the  people  whom  they  teach;  and, 
while  the  University  of  Texas  is  in  no  sense  partisan,  sectarian  or 
sectional,  yet  it  is  in  sympathy  with  the  life,  character,  and  civili- 
zation of  the  Southern  people.  The  regents  believe  that  an  un- 
usually high  standard  of  manliness  and  of  scholarship  exists  in  the 
University  of  Texas,  and  that  the  students  themselves  would 
quickly  resent,   as   unworthy  of  the   institution  and   of  Texas,   any 


A  Source  Book  of  the  University  of  Texas  409 

attempt  to  control  jtheir  political  or  religious  beliefs.  The  student 
body  is  unusually  mature,  and  most  of  them  have  the  self  reliance 
and  independence  of  judgment  which  comes  from  self-support. 
They  represent  the  liberal,  independent,  self-reliant  spirit  of 
Texas,  and  they  would  not  be  satisfied  with  lower  standards  of 
scholarship  or  poorer  ideals  of  truth  than  are  accepted  by  the  best 
teachers  and  thinkers  of  the  world. 

Signed:     T.  D.  Wooten,  Beauregard  Bryan,  T.  S.  Henderson,  F.  W. 
Ball,  Wm.  L.  Prather,  Geo.  W.  Brackenridge,  Board  of  Regents. 
S.   B.   2 — By  Mr.   Colquitt. 

Appropriation  bill. 

Became  a  law.     S.  J.  p.  135;  H.  J.  p.  247. 
S.  B.  3 — By  Mr.  Stone. 

Appropriation  bill. 

Reported    adversely.     S.    J.,    p.    135. 
S.  B.   6 — By  Mr.  Bowser. 

Appropriation   bill. 

Reported  adversely.     S.  J.,  p.  135. 

GENERAL   LAWS 

S.  S.  B.  2;  Ch.  10.  pp.  24,  26;  G.  10.  pp.  1464-1466 

An  Act  making  appropriations  for  the  support  of  the  State  Gov- 
ernment, for  the  years  beginning  March  1st,  1897,  and  ending 
February   28,   1899,  and   for  other  purposes. 

The   University 

For  the  support  and  maintenance  of  the  Univer- 
sity of  Texas,  including  such  repairs  and  im- 
provements and  extensions  as  the  board  of 
regents  may  '  deem  necessary,  all  the  available 
fund,  including  under  this  head  .  the  inter- 
est from  its  land  notes,  the  income  from  its 
leases,  and  the  fees  from  its  students,  to  be 
under  the  control  of  the  board  of  regents, 
less  the  appropriation  made  for  the  Ag- 
ricultural and  Mechanical  College,  all  yearly 
fees  collected  from  students,  to  be  fixed  by 
the  Regents,  to  be  not  less  than  $10  per  year 
for  academic  department  from  each  student, 
with  such  laboratory  fees  as  the  Regents  shall 
fix,  and  not  less  than  $50  per  year  from  each 
student   in  the   law  department. 

To  supplement  the  available  fund  in   the  support 


Ilo  University  of  Texas  Bulletin 

of  the   main   University,   from   the  general  rev- 
enue. . $32,500      $32,500 

Medical   Department,   Galveston 

For    support    and     maintenance     out     of     general 

revenue $35,500    *$35,500 

For  repairs  out  of  general  revenue,  to  be  ex- 
pended   in    two    years 3,000 

In  addition  to  the  above  revenue,  the  Board  of  Regents  shall 
charge  each  student  in  medicine  and  pharmacy  the  matriculation 
fee  of  not  less  than  $50  per  year,  payable  in  advance,  also  a  fee  of 
five  dollars  annually,  payable  in  advance,  for  each  laboratory  at- 
tended, to  cover  the  cost  of  material  used;  the  proceeds  of  the 
above  fees  shall  also  be  appropriated  and  supplemented  to  any  of 
the  above  named  items  for  the  maintenance  and  support  of  the 
said  medical  branch  of  the  University,  and  expended  in  any  man- 
ner the  Board  of  Regents  may  deem  for  the  best  interest  of  the 
medical   college. 

Agricultural  and  Mechanical  College 

For  the  support  and  maintenance  of  the  Agricul- 
tural and  Mechanical  College,  out  of  the  Gen- 
eral revenue  $19,500,  and  out  of  the  available 
university  fund,  each  year,   $500 $20,000      $20,000 

[The  appropriations  for  the  A.  &  M.  College  are  subject  to  the  same 
proviso    as    in    Ch.    9S.    General    Laws,    Twenty-third    Legislature.    Regular 

Session.]  , 

To   pay   for  surveying   lands   set   apart  for  branch   Uni- 
versity of  colored  people,  or  so  much  thereof  as  may 

be  necessary    1,600.00 

Approved,  June   18,   1897. 

TWENTY-SIXTH     LEGISLATURE,     REGULAR    SESSION, 
JANUARY  10,  TO  MAY  27,  1899 

MESSAGE   OF   GOVERNOR   C.   A.   CULBERSON 
January  12,  1899;  H.  J.,  p.  21,  27;  S.  J.,  p.  18,  24 

PUBLIC    EDUCATION    AND    EDUCATIONAL    INSTITUTIONS 

....  The  University  is  advancing  toward  its  ultimate 
place  as  the  educational  glory  of  the  State.  Here  the  student  pop- 
ulation,  including  the  Medical   Branch,   grew  from   539   in   1894   to 

'Enrolled  bill  shows  $38,500. 


A  Source  Book  of  the  University  of  Texas  411 

800  in  1898.  The  east  wing  of  the  main  edifice  has  been  con- 
structed at  an  expenditure  of  $50,000  and  adds  much  to  the  struc- 
ture. Better  than  this,  better  than  additional  students  or  material 
growth  for  the  present,  is  the  solid  foundation  upon  which  its 
character  is  building  and  the  forces  of  culture  and  scholarship  with 
which    its    faculty    is    generally    being    formed. 

FORMATION    OF    EDUCATIONAL    AND    CHARITABLE    BOARDS 

The  educational  and  charitable  institutions  are  directed  by 
boards  of  regents,  managers  or  trustees.  The  Board  of  Regents 
of  the  University  is  composed  of  eight  members  whose  term  is 
eight  years.  The  terms  of  two  of  them  expire  every  two  years  and 
at  each  regular  session  of  the  Legislature.  The  Board  of  Trus- 
tees of  the  Agricultural  and  Mechanical  College,  under  a  recent 
opinion  of  the  Attorney-General,  is  composed  of  six  members  whose 
term  is  two  years.  The  respective  Boards  of  Managers  of  the  two 
Deaf  and  Dumb  Asylums,  the  Blind  Institute,  and  the  three  In- 
sane Asylums,  are  composed  of  five  members  each,  with  a  term  of 
two  years,  and  the  Board  of  Trustees  of  the  Orphans  Home  is  com- 
posed of  three  members  whose  term  is  two  years.  These  institu- 
tions are  purely  educational  or  benevolent.  They  are  not  charged 
with  the  execution  of  any  governmental  measures,  and  conse- 
quently it  is  not  'material,  upon  grounds  of  civic  theory,  that  they 
should  be  in  political  accord  with  any  State  administration.  For 
still  stronger  reasons  it  is  not  essential  to  the  success  of  any  ad- 
ministrative policy  that  they  should  be  in  personal  agreement  with 
the  central  government.  Considered  solely  from  the  narrow  and 
political  view  that  each  administration  is  entitled  to  accord  and 
agreement  from  these  institutions,  in  order  to  give  its  policies  fair 
trial,  it  seems  plain  that  under  normal  conditions  this  is  neither 
vital  nor  indispensable.  In  the  broader  and  more  impersonal 
sense  of  non-partisanship,  in  education  and  charity,  the  question 
is  not  debatable.  It  is  unnecessary  to  review  causes  and  condi- 
tions under  which  in  some  degree  a  contrary  policy  has  grown  up. 
It  is  enough  to  say,  assuming  my  share  of  responsibility  for  the 
situation,  that  it  is  better  for  these  institutions,  now  in  their  for- 
mative and  evolutionary  stage,  that  they  be  entirely  divorced 
from  personal  and  partisan  politics.  This  is  the  situation  already 
with  the  University,  and  the  other  institutions  named  should  be 
organized  similarly.  Each  of  the  Boards  should  consist  of  eight 
members,  to  be  appointed  by  the  Governor  with  the  advice  and 
consent  of  the  Senate.  They  should  be  divided  into  classes  num- 
bered one,  two,  three  and  four,  as  determined  by  each  Board  at 
the  first  meeting,  to  hold  for  two,  four,  six  and  eight  years  re- 
spectively,   so    that    two    will    be    thereafter    appointed     every     two 


Hi'  University  of  Texas  Bulletin 

years,  and  the  term  of  each  to  be  eight  years.  If  the  members  of 
the  Boards  are  paid  actual  expenses  only,  receiving  no  salary  or 
compensation,  they  will  not  be  officers  within  the  meaning  of  Sec- 
tion 30,  Article  XVI,  of  the  Constitution,  which  limits  the  tenure 
to  two  years.  By  organizing  the  Boards  in  this  manner  three  im- 
portant objects  will  be  attained,  (1)  they  will  be  independent  and 
therefore  removed  from  personal  politics,  (2)  a  majority  of  expe- 
rienced members  will  always  be  on  the  Boards  and  (3)  it  will  con- 
duce to  stability  and  fixed  policies  in  the  management  of  the  in- 
stitutions." 

PROCEEDINGS    IN    THE    LEGISLATURE 

H.  B.  Ill — By  Mr.  Henderson  of  Lamar. 

General  appropriation  bill. 

Became  a  law.     H.  J.,  p.  1504;  S.  J.,  p.  1095. 
H.  B.  495 — By  Mr.  Decker. 

To  validate  and  quiet  certain  land  titles. 

Became  law.     H.  J.,  p.   1517;   S.  J.,  p.   1101. 
H.   B.    620 — By  Mr.  Wooten. 

To  give  the  Regents  absolute  and  exclusive  management  and 
control  of  the  mineral  lands  of  the  University. 

Favorably  reported;    died.      H.   J.,   p.    1521. 
H.  C.  R.  26 — By  Mr.  Terrell. 

To  establish  a  University  for  the  colored  race. 

Approved  by  Governor.     H.  J.,  p.  1529;  S.  J.,  p.  1105. 
H.  C.  R.  53 — By  Mr.  Henderson  of  Lamar. 

To  provide  for  a  joint  committee  to  attend  the  annual  exams  of 
the  University  and  its  branches  as  provided  by  law. 

Killed  in  Senate.  Committee  approved.  H.  J.,  p.  1530;  S.  J., 
1105. 

February  6,  1899;  H.  J.,  pp.  263-313 

The  Eighth  Annual  Report  of  the  Regents  of  the  University  of 
Texas,  printed  in  full. 

March  14,   1899;  H.  J.,  p.  747 

Mr.  Pitts  offered  the  following  resolution: 

Whereas,  It  is  currently  reported  and  charged  that  on  one  of 
the  books  adopted  by  the  School  Board  a  royalty  of  ten  per  cent. 
is  paid  by  D.  C.  Heath  and  Company  of  Boston,  and  of  that  three 
and  one-third  is  paid  to  Mr.  Sutton,  three  and  one-third  to  Mr. 
Kimbrough,  and  three  and  one-third  to  unknown  parties;  there- 
fore, be  it 

Resolved,  That  the  School  Board  be  requested  to  report  to  the 
Speaker  of  this  House  who  receives  the  other  three  and  one-third 


A  Source  Book  of  the  University  of  Texas  i  1 :  • 

per  cent,  and  that  this  information  be  imparted  to  this  House   to- 
morrow at   10   o'clock  a.   m. 

Resolution    read    and    referred    to    Committee    on    Education. 
S.  B.  81 — By  Mr.  Linn. 

To  legalize  dissections  of  unclaimed  bodies  through  a  medical 
board. 

Vetoed.     S.  J.,  p.   1134;   H.  J.,  p.   1560. 
S.  B.  82 — By  Mr.  Morris. 

To  regulate  the  registering  of  medical  diplomas,  and  to  regu- 
late  issuance  of  certificates   to   practice  medicine  in  State. 

Read  second  time.     S.  J.,  p.  1138. 
S.  B.  114 — By  Mr.  Wayland. 

An  Act  to  amend  Article  3862,  etc.,  relating  to  the  government 
of  the  A.  and  M.  College  of  Texas. 

Died  in  House.     S.  J.,  p.  1147;   H.  J.,  p.  1561. 
S.   B.    189 — By  Mr.   Dibrell. 

To  give  the  Regents  the  absolute  and  exclusive  management  and 
control  of  the  mineral  lands  of  the  Uievritsy. 

Died  in  House.      S.  J.,  p.   1126;    H.  J.;  p.    1562. 
S.    B.    236 — By  Mr.    Turney. 

To  validate  and  quiet  title  to  public  free  school,  University,  and 
asylum  lands,  sold  prior  to  January  1,  1899,  to  provide  for  pat- 
ents and  to  prescribe  limitation  for  bringing  suits  for  the  recovery 
of  such  lands. 

Not  acted  on.     S.  J.,  p.  1146. 
S.  B.  278 — By  Mr.  Turney. 

To  preserve  better  all  personal  property  belonging  to  the  State  or 
in  which  it  has  an  interest. 

Became  a  law.     S.  J.  p.  1146;  H.  J.  p.  1564. 

GENERAL   LAWS 

H.   B.   495;   Ch.   150,   p.  259;    G.   11,   p.   295 

An  Act  to  validate  and  quiet  titles  to  public  free  school,  Univer- 
sity and  asylum  lands  prior  to  January  1,  1899;  to  provide  for 
patents,  and  to  prescribe  limitation  for  bringing  suits  for  the 
recovery  of  such  land. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  any  applicant  who  has,  prior  to  the  first  day  of  January, 
1899,  made  application  to  purchase  public  free  school,  University 
or  asylum  lands,  and  within  six  months  after  the  date  of  such  ap- 
plication to  purchase  made  actual  settlement  and  first  payment 
thereon  and  executed  his  obligation  for  the  balance  of  the  purchase 
money,  and  the  said  land  has  been  awarded  to  such  applicant  by 
the  Commissioner  of  the  General  Land  Office,  under  the  several 
acts  of  the  Legislature  relating  to  the  sale  of  such   lands,  and   the 


II  !  University  of  Texas  Bulletin 

said  award  and  the  account  as  to  interest  payments  on  such  lands 
Is  in  good  standing,  such  award  and  sale  is  hereby  validated,  and 
the  Commissioner  of  the  General  Land  Office  shall  issue  to  such 
purchaser,  his  heirs  and  assigns,  patent  thereto,  upon  the  pay- 
ment of  the  purchase  money,  both  principal  and  interest,  together 
•with  patent  fees,  and  upon  satisfactory  proof  that  all  taxes  have 
been  paid  upon  such  land,  and  that  such  land  has  been  occupied 
for  three  years  by  said  applicant  or  his  vendee,  after  the  date  of 
his  application;  provided,  that  the  provisions  of  this  act  shall  not 
in  any  manner  disturb  the  vested  rights  of  those  claiming  an  ad- 
Terse  claim  or  title  by  reason  of  settlement  and  application  to  pur- 
chase as  against  the  purchaser  to  whom  the  same  was  awarded  by 
the  Commissioner  of  the  General  Land  Office;  and  provided,  fur- 
ther, that  all  persons  claiming,  by  reason  of  settlement  and  appli- 
cation, to  purchase  an  adverse  title  or  rights  to  such  land  as 
against  the  purchaser  to  whom  the  same  is  awarded  by  the  Com- 
missioner of  the  General  Land  Office  shall  begin  his  suit  to  recover 
such  land  within  six  months  after  this  act  takes  effect  and  not 
thereafter. 

Approved  May  27,   1899. 

F.  C.  C.  S.  B.  for  S.  H.  B.  No.  Ill;   Ch.  156,  p.  271-275;   G.  11,  p. 

310-311 

An  Act  making  appropriations  for  the  support  of  the  State  gov- 
ernment for  the  two  years  beginning  March  1,  1899,  and  ending 
February  28,   1901,  and  for  other  purposes. 

STATE  UNIVERSITY 

For  the  support  and  maintenance  of  the  Univer- 
sity of  Texas,  including  such  repairs  and  im- 
provements and  extension  as  the  Board  of  Re- 
gents may  deem  necessary,  all  the  available 
fund,  including  under  this  head  the  interest 
from  its  land  notes,  from  its  bonds,  the  income 
from  its  leases,  and  the  fees  from  its  students, 
to  be  under  the  control  of  the  Board  of  Regents, 
less  the  appropriation  made  for  the  Agricultural 
and  Mechanical  College;  all  yearly  fees  col- 
lected from  the  students  in  the  academic  de- 
partment, to  be  fixed  by  the  regents  at  $10 
per  annum  for  three  years  only,  with  such  lab- 
oratory fees  as  the  regents  shall  fix,  and  $30 
admission  fee  from  each  student  in  the  law 
department,    to    be    paid    but    once. 


A  Source  Book  of  tin   University  of  Texas  415 

To  supplement  the  available  fund  for  the  sup- 
port and  maintenance  of  the  Main  University, 
from    the    general    revenue $40,000      $40,000 

MEDICAL  DEPARTMENT,    GALVESTON* 

Fees   from   students,   and   from   general   revenue.  .  $35, 000*$35, 000* 

[♦Engrossed  bill  has  $35,500  $35,500.] 
To  be  a  charge  against  the  appropriations  above  made  out  of  the 
general  revenue,  the  Board  of  Regents  shall  charge  each  student 
In  medicine  and  pharmacy  a  matriculation  fee  of  not  less  than 
$30.00,  payable  annually,  in  advance,  also  a  fee  of  $5.00  annually, 
In  advance,  for  each  laboratory  attended  to  cover  the  costs  of  ma- 
terial used;  the  proceeds  of  the  above  fees  shall  be  charged 
against  the  appropriations  made  for  the  payment  of  salaries  of 
professors  and  employes  and  for  current  expenses,  and  the  aggre- 
gate amount  appropriated  for  such  purposes  shall  be  drawn,  less 
the  amount  of  the  fees  received  and  here  appropriated. 

AGRICULTURAL    AND    MECHANICAL    COLLEGE 

Out  of  the  University  Fund $       500      $       500 

[The    appropriations    for    the   A.    &   M.    College    are    subject   to    the   same 
proviso  as  in  Oh.  98.  General  Laws,   23rd  Leg.,  Regular  Session.] 
Approved  May  27,  1899. 

S.  B.  No.  278.     Ch.  171,  pp.  307'-309;      G.  11,  pp.  343-346 

An  Act  for  the  better  preservation  of  all  the  personal  property  be- 
longing to  the  State  of  Texas,  or  in  which  it  has  an  interest,  or 
of  any  of  the  departments,  or  of  any  of  the  institutions,  asylums, 
penitentiaries,  farms  or  personal  property  of  whatsoever  descrip- 
tion, or  wherever  situated,  belonging  to  this  State,  or  in  which 
it  has  an  interest;  and  to  provide  for  the  making  of  lists  and  in- 
ventories of  all  said  property  and  the  copying  of  the  same,  and 
the  registration  thereof;  and  to  prescribe  the  doities  of  officers 
and  persons  having  said  property  under  their  control,  and  to  fix 
the  liability  of  such  persons  and  officers;  and  to  provide  a  pen- 
alty for  the  failure  to  comply  with  this  act;  and  to  fix  the  venue 
for  suits  and  prosecutions  for  a  violation  of  any  of  its  provi- 
sions. 
Be  it  enated  by  the  Legislature  of  the  State  of  Texas: 

Section  1.  That  en  and  after  the  taking  effect  of  this  art,  it 
shall  be  the  duty  of  every  official  or  other  person,  who  lias  in  his 
possession  or  under  his  control,  or  for  which  he  is  in  anywise  re- 
sponsible, any  personal  property  belonging  to  the  Stat,  of  Texas,  or 
in  which  it  has  an  interest,   to  immediately  make  out   in   triplicate 


416  University  of  Texas  Bulletin 

a  correcl  and  full  list  and  inventory  of  all  such  personal  property 
which  is  or  was  in  his  possession  when  he  assumed  charge  of  such 
office  or  position,  or  had  under  his  control,  or  for  which  he  is  in  any 
way  responsible,  and  which  inventory  shall  contain  the  name  of  the 
article  or  articles  of  such  personal  property,  the  cost  thereof,  a  fair 
and  reasonable  estimate  of  the  present  value  thereof,  a  statement 
of  the  present  condition  of  the  same,  how  long  said  property  has 
been  in  use,  and  the  extent  of  the  probable  service,  use  and  benefit 
that  such  property  will  be  to  the  State  in  future;  and  if  sold  during 
his  term  of  office,  or  while  in  his  possession,  or  under  his  control, 
he  shall  state  the  selling  price  thereof;  and  the  disposition  of  the 
proceeds. 

Sec.  2.  A  copy  of  said  list  and  inventory  duly  sworn  to,  shall  be 
by  such  person  charged  with  keeping  said  property,  or  who 
has  the  same  under  his  control,  management,  or  who  is  re- 
sponsible for  the  same,  transmitted  by  him  by  registered  letter  to 
the  Secretary  of  State  at  Austin,  Texas,  whose  duty  it  shall  be  to 
enter  such  list  and  inventory  on  a  book  to  be  kept  by  him  for  the 
purpose  under  its  appropriate  heading,  and  said  Secretary  of  State 
is  hereby  authorized  to  purchase  such  book  or  books  as  shall  be 
necessary  to  record  all  such  lists  and  inventories  so  made  to  him, 
and  he  shall  be  responsible  for  the  correct  entry  of  all  said  articles 
in  such  books  or  books,  and  shall  be  responsible  for  the  safe  keep- 
ing of  the  original  sworn  report  from  each  of  the  persons  named  in 
this  act,  including  the  Governor  of  this  State,  Comptroller  of  Public 
Accounts,  Treasurer,  Attorney-General,  Adjutant  General,  Commis- 
sioner of  Insurance,  Statistics  and  History,  Superintendent  of  Public 
Buildings  and  Grounds,  the  Commissioner  of  the  General  Land 
Office,  Chief  Justice  of  the  Supreme  Court,  Court  of  Criminal  Ap- 
peals, and  the  several  Courts  of  Civil  Appeals,  and  the  clerks  there-. 
of,  the  managers  of  each  and  every  asylum  in  the  State  of  Texas, 
superintendents  and  assistant  superintendents  of  the  penitentiaries 
and  reformatories,  superintendents  and  managers  of  the  University, 
and  the  several  branches  thereof,  Normal  Schools,  all  the  officers 
and  employes  of  either  branch  of  the  Legislature  having  personal 
property  belonging  to  the  State  in  their  possession,  and  each  and 
every  other  person  holding  any  personal  property  in  trust  for  the 
State  of  Texas,  or  having  the  same  under  his  control,  or  in  his  pos- 
session, and  each  and  every  other  person  holding  any  personal  pro- 
perty in  trust  for  the  State  of  Texas,  or  for  which  he  is  in  any  wise 
responsible,  all  of  whom  are  included  in  this  act  and  subject  to 
its  provisions.  A  duplicate  of  said  list  and  inventory,  so  sent  to  the 
Secretary  of  State,  shall  be  forwarded  to  the  Comptroller  of  Public 
Accounts,  who  shall  carefully  preserve  the  same  in  his  office,  and 
it  is  made  the  duty  of  the  person  so  making  out  the  list  to  retain  in 


.1  Sourc<  Book  of  tin   University  of  Texas  417 

his  possession  for  his  successor  in  office  a  true  copy  thereof,  and 
whose  duty  it  shall  be  to  deliver  same  to  such  successor  within 
three  day  after  his  qualification  and  assuming  charge  of  such  posi- 
tion, office  or  agency. 

Sec.  3.  Upon  qualification  at  the  beginning  of  the  terms  of  office 
of  any  of  the  persons  named  herein  after  the  next  general  election 
and  after  each  succeeding  general  election,  and  within  thirty  days 
after  taking  charge  of  any  personal  property  as  herein  named,  it 
shall  likewise  be  his  duty  to  make  said  report  as  herein  required 
of  the  officers  now  holding  any  of  said  positions,  and  to  forward 
same  to  the  officers  herein  named,  who  shall  receive  them  and  who 
ehall  continue  to  keep  the  registration  of  said  reports,  lists  and  in- 
ventories, as  herein  required  of  the  Secretary  of  State,  under  the 
foregoing  section  hereof,  and  who  shall,  when  said  lists  ar. 
ceived,  make  comparisons  with  former  reports  and  note  all  articles 
of  property  not  included  in  former  lists  or  which  were  included  in  for- 
mer lists,  but  are  not  in  the  list  last  filed,  and  shall  designate  all 
such  articles  which  are  either  dropped  from  or  added  to  those  of 
former  lists  and  inventories. 

Sec.  4.  Every  person  herein  named  or  referred  to,  in  charge  ol 
any  public  institution  of  Texas,  or  having  under  his  control  any  per- 
sonal property  belonging  to  the  State  of  Texas,  is  hereby  made  re- 
sponsible for  the  same  and  the  full  value  thereof;  and  all  persons 
hereafter  coming  into  any  of  the  offices  or  positions  herein  enumer- 
ated shall  at  once  become  and  shall  remain  responsible  for  the  pre- 
servation and  safe  keeping  of  all  personal  property  herein  named 
or  referred  to,  whether  such  persons  be  under  official  bonds  or 
not,  and  all  official  bonds  made  by  any  of  the  persons  herein  named 
or  referred  to,  shall  be  intended  as  security  to  the  State  of  Texas 
for  the  full  value  of  all  such  personal  property  in  any  such  institu- 
tion or  department,  or  otherwise  belonging  to  the  State  over  which 
such  person  is  in  control,  or  for  which  he  is  by  this  act  made  re- 
sponsible. 

Sec.  5.  Hereafter,  when  any  of  the  officers  named  in  this  act,  or 
who  are  hereby  referred  to  and  required  to  take  chage  of  anj  of 
the  properties  of  the  State,  shall  take  charge  of  same,  they  shall 
require  their  predecessors  in  such  positions,  whose  duty  it  is  hereby 
made  to  furnish  same,  to  make  out  for  them  a  full  list  and  inventory 
as  above  mentioned,  of  all  properties  in  their  possession  or  under  their 
control  and  management,  or  for  which  they  are  in  any  wise  respon- 
sible, belonging  to  the  State  of  Texas,  and  such  outgoing  and  In- 
coming officers  shall  together  check  up  said  list  and  inventory  ami 
ascertain  that  the  same  and  each  article  in  said  list  named  is  then 
on  hand  or  duly  accounted  for.  Said  incoming  officer  shall  give  his 
receipt  to  his  said  predecessor  in  office  for  all  of  such  property  before 


H8  University  of  Texas  Bulletin 

he  shall  be  entitled  to  possession  of  same,  and  said  receipt  shall  be 
by  him  delivered  to  said  Secretary  of  State  for  registration  in  his 
office,  and  a  copy  of  the  same  shall  be  likewise  delivered  to  the 
Comptroller  of  Public  Accounts  for  preservation  in  his  office. 

Si  i  .  6.  Should  any  of  the  officers,  persons,  or  employes  named  in 
this  act  fail  to  make  out  said  list  and  inventory,  or  fail  to  perform 
any  of  the  duties  herein  required  of  him,  he  shall  become  immediate- 
ly responsible  to  the  State  of  Texas  for  the  value  of  any  and  all 
articles  of  furniture,  implements,  goods,  wares,  merchandise,  live 
slock  and  all  other  personal  property  which  has  come  into  his 
hands  or  for  which  he  may  be  responsible,  and  be  subject  to  suit  in 
the  name  of  the  State  of  Texas  for  the  value  of  the  same,  and 
should  be  fail  to  do  or  perform  any  of  the  acts  and  things  required 
of  him  by  this  act,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction,  shall  be  fined  in  a  sum  not  less  than  one  hundred 
nor  more  than  five  hundred  dollars;  and  for  each  thirty  days  that 
he  fails  to  comply  with  the  provisions  of  this  act  in  any  respect 
shall  be  considered  a  separate  offense.  The  jurisdiction  of  all  suits 
or  prosecutions  under  this  act  shall  be  either  in  the  county  court  of 
Travis,  or  in  the  county  where  such  officer  shall  reside  at  the  time 
of  the  institution  of  said  suit  or  prosecution,  or  where  such  property 
may  be  situated. 

Sec.  7.  This  act  is  not  intended  to  repeal  any  law  now  in  force 
for  the  preservation  and  protection  of  any  State  property,  but  is 
cumulative  thereof,  and  all  said  laws  are  hereby  kept  in  full  force 
and  effect  where  the  same  do  not  specifically  conflict  with  this  act. 

Approved  June  5,  1S99. 

H.  C.  R.  26;  p.  336;  G.  11,  p.  372 

Whereas,  the  People  of  Texas  are  pledged  by  constitutional  pro- 
vision to  establish  a  University  for  the  colored  race  whenever  it  is 
practicable;  and, 

Whereas,  The  democratic  party  has  acknowledged  the  necessity 
for  said  university  through  its  platform  adopted  at  Fort  Worth, 
189  6;   and, 

Whereas,  the  democratic  party  in  the  Twenty-fifth  Legislature 
carried  out  in  good  faith  the  demands  of  said  Fort  Worth  plat- 
form by  appropriating  and  setting  apart  one  hundred  thousand 
acres  of  the  public  domain  for  the  establishment  of  said  university 
for  the  colored  race;    and 

Whereas,  The  Supreme  Court  of  Texas  has  nullified  the  action 
of  the  Legislature  setting  apart  said  lands  by  its  decision  in  de- 
claring that  Texas  has   no   public   domain   unappropriated;    and 


A  Source  Book  of  the  University  of  Texas  419 

Whereas,  The  democratic  party  made  this  demand  in  good  faith 
in  appropriating  and  setting  apart  said  land,  and  the  Twenty-fifth 
Legislature  acted  in  good  faith  by  setting  apart  and  appropriating 
said  land;   and 

Whereas,  The  Legislature  is  prohibited  by  the  Constitution  (Arti- 
cle 7,  Section  14),  from  levying  any  tax  or  making  any  appropriation 
of  the  general   revenues   to   establish  said  university;    therefore,  be  it 

Resolved  by  the  House  of  Representatives,  the  Senate  concurring, 
that  it  is  the  duty  of  the  State,  as  well  as  the  expressed  will  of  the 
democratic  party,  to  faithfully  carry  out  this  obligation,  which  was 
voluntarily  taken  by  our  party,  in  convention  assembled. 

Resolved,  further,  That  so  soon  as  the  commission  appointed  to 
investigate  and  ascertain  the  exact  status  of  the  public  domain 
and  of  the  public  free  school  lands  of  Texas  shall  make  report  to 
the  Governor  the  amount  of  said  land  still  belonging  to  the 
State,  that  steps  shall  be  taken  to  establish  said  university  for  the 
colored  race,  either  by  appropriating  public  domain,  if  there  is  any 
public  domain,  or  by  appropriating  lands  regained  to  the  State 
from  railway  corporations  that  have  refused  to  comply  with  their 
charter  grants  or  to  obey  the  laws  of  Texas. 

Approved  June  5,   1889. 

TWENTY-SIXTH     LEGISLATURE,      CALLED     SESSION, 
JANUARY  23,  TO  FEBRUARY  21,  1900 

MESSAGE   OF  GOVERNOR  J.  D.   SAYERS 
February   7,    1900;    H.   J.,   p.   90:    S.  J.,   p.   01 

The  following  subjects  are  submitted  to  the  Legislature  for  its 
consideration      .... 

Second:  To  fix  the  tenure  of  office  for  the  members  of  the 
Board  of  Regents  for  the  State  University  and  of  the  Board  of 
Directors  of  the  A.  and  M.  College. 

PROCEEDINGS    IN    THE    LEGISLATURE 

February  9,   1900;    H.  J.,  p.  121 

Mr.  Henderson  of  Lamar  offered  the  following  resolution: 
Whereas,  A  recent  decision  of  the  Supreme  Court  of  Texas  has 
called  in  question  the  constitutional  and  legal  status  of  the  Board 
of  Regents  of  the  University  of  Texas,  and  brings  directly  to  the 
attention  of  this  Legislature  and  the  people  at  large  the  present 
administration  of  the  said  institution  under  the  existing  methods 
of  appointing  said  Board  of  Regents;    and 

Whereas,  It  is  desirable  that  the  administration  of  the  Univer- 
sity  of   the   State   should    be    brought   into    close    and    sympathetic 


420  University  of  Texas  Bulletin 

contact  with  the  great  mass  of  people  whose  institution  it  is,  and 
upon  whom  it  depends  for  its  /patronage  and  support,  in  order  that 
its  affairs  shall  be  conducted  in  the  interest  of  the  whole  popu- 
lation of  the  State  and  along  lines  conducive  to  the  great  princi- 
ples   and    policies   of    democratic    government;    therefore,    be   it 

Resolved,  That  it  is  the  sense  cf  this*  House  that  the  Regents  of 
th<>  University  of  Texas  should  be  elected  by  direct  popular  vote, 
under  such  regulations  as  to  length  of  service,  qualifications  and 
other  features  of  the  office  as  may  be  deemed  wise  and  consistent 
with  the  success  of  the  institution  itself  and  the  direct  control  of 
its  affairs  by  the  people  of  Texas,  that  being  the  approved  and  effi- 
cient system  now  in  force  in  the  election  of  the  Regents  of  a  num- 
ber of  the  greatest  State  Universities  in  America;  and  we  com- 
mend to  the  people  of  the  State  the  consideration  of  this  matter 
as  one  that  ought  to  receive  their  early  and  intelligent  action  by 
proper   expression    and    appropriate    action. 

Signed:  Henderson  of  Lamar,  Bailey,  Garner,  McKamy,  Mc- 
Clellan,  Morrow,  Lane,  Willacy,  Shannon,  Shropshire,  Gordon, 
Teagle,    Savage. 

The  resolution  was  read  and,  under  the  rules,  goes  over  one 
day. 

[Died.] 
S.  B.   6— By  Mr.   Dibrell. 

A  bill  to  be  entitled  "An  Act  making  appropriation  for  deficiencies 
in  the  appropriations,   etc. 

Became  a  law.     S.  J.  p.  144;  H.  J.  p.  303. 
S.  B.    10 — By  Mr.   Greer, 

To  authorize  the  sale  of  certain  portions  of  the  public  free  school, 
University  and  asylum  lands  to  railroad  companies  for  depots, 
stations,  etc.,  the  Commissioner  of  the  General  Land  Office  fixing  the 
prices. 

Became  a  law.     S.  J.  p.  144;   H.  J.  p.  303. 

GENERAL    LAWS 

S.  B.  6;    Ch.  8,  p.  24;    G.   11,  p.  648 

An  Act  making  appropriation  for  deficiencies  in  the  appropriation 
heretofore  made  for  the  payment  of  expenses  in  support  of  the, 
State  government  from  March  1.  1899,  to  February  28,  1901, 
being  for  claims  registered  in  the  Comptroller's  office  in  acor- 
dance  with  law,  and  for  outstanding  claims  not  registered,  and 
for  other  deficiencies,  and  for  other  purposes. 


A  Source  Book  of  the  University  of  Texas  4-1 

STATE  UNIVERSITY,   MEDICAL  BRANCH,  GALVESTON 

Out  of  general  revenue  for  support  and  maintenance  for  two 
years  ending  February  28,  1901 $6,000 

For  support  and  maintenance  in  addition  to  the  appropriation 
from  general  revenue  the  fees  collected  from  students  for  the  two 
years   ending    February    28,    1901. 

Approved   February   22,    1900. 

S.  B.  10;  Ch.  9,  p.  26;  G.  11,  p.  050 

An  Act  authorizing  the  sale  of  certain  portions  of  the  public  free 
school,  university  and  asylum  lands  to  railroad  companies  own- 
ing and  operating  railroads  in  this  State,  for  the  establishment  of 
depots,  stations,  yards,  round  houses,  shops,  divisional  terminals 
or  waterstations  required  in  connection  with  the  operaton  of  such 
railroads;  to  prescribe  the  terms  and  conditions  of  such  sales  and 
to  authorize  the  Commissioner  of  the  General  Land  Office  to 
fix  the  price  of  such  lands,  when  so  sold  for  such  purposes. 

[Little   or  no   University    land   sold  under    this   law,    which    Is    therefore 

omitted.] 

Approved   February   22,    1900. 

TWENTY-SEVENTH  LEGISLATURE,  REGULAR  SESSION, 
JANUARY  8,  TO  APRIL  9,  1901 

MESSAGE   OF   GOVERNOR  J.   D.   SAYERS 
January  10,  1901;  H.  J.  pp.  25-26;  S.  J.  p.  20 

THE   UNIVERSITY 

The  number  of  students  in  attendance  at  the  University  on  Dec- 
ember 1,  1900,  was  750 — being  an  increase  of  213  over  December 
1,  1898,  and  of  306  over  December  1,  1896. 

The  salary  roll  includes  eighty-one  persons  and  calls  for  an  ex- 
penditure of  $98,583.34. 

Upon  the  rolls  are  seventeen  professors,  three  associate  professors, 
five  adjunct  professors,  twelve  instructors,  and  seven  tutors — forty- 
four  in   all — whose  salaries  aggregate   $76,050. 

At  the  medical  department  there  are  nine  professors,  four  demon- 
strators and  one  instructor  whose  salaries  aggregate  $31,500,  and 
six  officials  and  employes  whose  salaries  amount  to  $5,626.66.  In 
addition  there  are  six  professors  who  receive  no  salary.  The  number 
of  students  in  attendance  for  the  year  1900-1901  is  191,  as  against 
222  in  1899-1900.  The  decrease  is,  it  is  believed,  because  of  the 
storm    that    visited    Galveston    and    other    portions    of    the    roast    in 


422  University  dj   Texas  Bulletin 

September  last  and  which  greatly  injured  the  buildings,  fixtures, 
apparatus,  and  supplies  belonging  to  the  department.  The  injury 
should  be  repaired  and  the  department  restored  as  soon  as  prac- 
ticable to  its  former  condition. 

It  is,  indeed,  gratifying  to  observe  the  large  number  of  counties 
represented  by  the  students  at  the  Unversity  and  that  the  territory 
from  which  it  draws  its  constantly  increasing  numbers  is  not  limted 
to  our  State. 

Its  steady  growth  is  a  sure  indication  that  confidence  in  the  ability 
of  the  institution  to  meet  every  requirement  is  general  not  only 
among  our  own  people,  but  extends  to  other  States  as  well- 
In  due  season  it  will  undoubtedly  secure  the  recognition  through- 
out the  United  States  and  in  Europe  that  its  own  inherent  strength 
of  character  and  high  ambition  richly  merits. 

It  is  more  gratifying  still  to  know  that  it  stands  in  the  world  of 
Iterature  and  science  the  representative  of  a  true  democracy  and 
that  within  its  student-ship  is  embraced  all  classes  of  society. 

The  fact  that  one-third  of  the  students  support  themselves  with 
money  previously  earned  or  by  labor  performed  while  pursuing  their 
studies  reflects  high  honor  on  the  students  and  on  the  University 
also. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  31 — By  Mr.  Schluter. 

Six  months  appropriation  bill:  Main  University,  $30,000;  Medi- 
cal, $22,500;  George  W.  Brackenridge  refunded  $12,725;  Storm, 
$40,338. 

Became  a  law  as  P.  C.  C.  S.     H.  J.  p.  1339;  S.  J.  p.  1002. 
H.  B.   40 — By  Mr.  Schluter. 

General  Appropriation  Bill. 

Died  in  Committee.     H.  J.  p.  1349. 
H.  B.  135 — By  Messrs.  Moore  and  Mclnnis. 

To  provide  for  a  mineral  survey  of  Texas. 

Became  a  law.     H.  J.  p.  1352;  S.  J.  p.  1005. 
H.  B.   143 — By  Mr.  Neff. 

To  amend  the  law  relating  to  teachers'  permanent  certificates. 

Vetoed  by  Governor.     H.  J.  p.  1353;  S.  J.  p.  1006. 
H.  B.  372 — By  Mr.  Moore. 

To  reserve  certain  rights  to  discoveries  of  minerals  and  oils  on 
public  lands    (including  University.) 

Died  in  Free  Conference  Committee.  H.  J.,  p.  1361;  S.  J.,  p.  1016. 
H.  J.  R.  15 — By  Mr.  Terrell  of  Cherokee. 

To  amend  Section  14,  Article  7,  of  the  Constitution  to  provide 
for  the  levy  of  a  University  tax  by  the  Legislature  not  to  exceed 
two  cents  on  the  $100. 

Adversely  reported.     H.  J.  p.  1369. 


A  Source  Book  of  the  University  of  Texas  423 

S.  B.  71 — By  Mr.  Yett,  amended  by  Mr.  Dibrell. 

To  give  the  Regents  exclusive  control  of  all  mineral  lands  belong- 
ing to  the  University. 

Became  a  law.     S.  J.  p.  989;  H.  J.  p.  1400. 
S.  B.  72 — By  Mr.  Lipscomb. 

To  provide  for  a  mineral  survey  of  the  State  of  Texas. 

Reported  engrossed  (no  further  action)  ;  S.  J.  p.  963. 
S.  B.  82 — By  Mr.  Staples. 

To  amend  bill  relating  to  issuance  of  first  grade  teachers'  certi- 
ficates. 

Died  in  House.     S.  J.  p.  898;  H.  J.  p.  1400. 
S.  B.  87 — By  Mr.  Dibrell. 

Appropriation  Bill.  For  Main  University  $94,405.7  6  and  $93.- 
341.77;  Medical,  $45,000  each  year.  For  Medical  storm  repairs, 
$40,000. 

Died  in  House.     S.  J.  p.  989;  H.  J.  p.  1400. 
S.   B.    106 — By   Mr.  Dibrell. 

Appropriation — deficiency — six  months — bill. 

Died  on  calendar.     S.  J.  p.  951. 
S.  B.  227 — By  Mr.  James. 

To  prevent  students  in  attendance  upon  incorporated  colleges  from 
contracting  debts. 

Died  in  Committee.     S.  J.  p.  961. 
S.  B.  242 — By  Mr.  Goss. 

To  provide  for  the  sale  and  lease  of  public  school  and  asylum 
lands  . 

Died  in  House.     S.  J.  p.  953;  H.  J.  p.  1402. 
S.  J.  R.  6 — By  Mr.  Savage. 

To  provide  for  elective  Regents  for  University  and  Directors  for 
A.  &  M. 

Died  on  calendar.  S.  J.  p.  993. 

February  26,  1001 ;  H.  J.,  pip.  514-523 

Report  of  Special  Committee  Appointed  to  visit  the  University  of 
Texas  and  Medical  Branch. 

Report  signed  by  McAnnally,  Neff,  Lively,  and  McKnight.  A 
systematic,  detailed,  and  laudatory  account  of  the  University. 

GENERAL    LAWS 

H.  B.  135;    Cli.  28,  pp.  32-33;    G.  11.  pp.  736-737 

An  Act  to  provide  for  a  mineral  survey  of  the  lands  belonging  to 
the  public  schools,  University  and  asylums  or  of  the  State,  and 
to  make  appropriation  therefor;  and  to  provide  a  penalty  for 
unlawfully  disclosing  information   obtained  by  such  survey;   and 


I  ;i  University  of  Texas  Bulletin 

to  loan  and  authorize  the  removal  to  the  University  of  the  geolo- 
gical and  scientific  equipments,  collections,  specimens  and  publi- 
cations now  in  charge  of  the  Commissoner  of  Agrculture,  Insur- 
ance,  Statistics  and   History;    and  also  declaring  an  emergency. 
Si,  iio\    i.     Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
The    Board   of    Regents   of   the  University   of   Texas   are   authorized 
and  directed  as  soon  as  practicable  to  have  made  a  mineral  survey- 
or all  the  lands  belonging  to  the  public  schools,  University,  asylums, 
or  of  the  State. 

Sec.  2.  Said  Board  shall  employ  for  that  purpose  persons  skilled 
in  and  who  have  had  at  least  five  years  experience  in  the  science  of 
mineralogy,  geology  and  chemistry,  who  shall  conduct  said  survey 
under   the   direction   of   said   board. 

Sec.  3.  Said  board  shall  publish  annually  for  free  distribution 
among  the  people  of  the  State  all  practical  information  collected  in 
the  prosecution  of  said  survey  as  the  same  progresses;  but  the  infor- 
mation obtained  by  a  survey  of  the  public  school,  university,  asylum 
or  State  lands  shall  not  be  communicated  by  said  board  or  by  the  per- 
son or  persons  making  said  survey  to  any  person  whomsoever  until 
said  information  is  published  for  the  benefit  of  the  general  public; 
and  anyone  violating  this  provision  shall,  upon  conviction,  be  fined  in 
any  sum  not  exceedng  one  thousand  dollars,  or  by  imprisonment  not 
to  exceed  two  years  in  jail. 

Sec.  4.  In  connection  with  the  work  of  said  survey  provision 
shall  be  made  for  assays,  analyses  and  other  scientific  examina- 
tions of  specimens  of  mineral  substances  found  in  the  State,  and 
for  the  collection  and  distribution  of  statistics  relating  to  the  mineral 
production  of  the  State,  and  such  assays,  analyses  and  examinations 
shall  be  made  at  the  request  of  any  citizen  of  the  State,  and  a  cer- 
tificate thereof  given,  and  a  uniform  and  reasonable  charge  shall 
be  fixed  by  said  board  for  such  assays  and  analyses.  It  is  especially 
provided,  however,  that  assays  and  analyses  of  mineral  specimens 
found  upon  any  of  the  public  lands  of  the  State  shall  be  made  free 
of  charge  when  requested  by  the  Governor  or  by  the  Commissioner 
of  the  General  Land  Office. 

Sec.  5.  In  connection  with  said  survey,  said  board  shall  make 
provision  for  instruction  in  the  University  of  Texas,  in  practical 
economic  and  field  geology  and  mineralogy,  and  shall  have  prepared 
and  transmitted  to  the  A.  and  M.  College,  for  educational  purposes, 
duplicate  specimens  of  all  mineral  and  other  substances  obtained 
from  the  survey. 

Sec.  6.  The  geological  and  scientific  equipments,  collections,  speci- 
mens and  publications  now  in  charge  of  the  Commissioner  of  Agri- 
culture, Insurance,  Statistics  and  History  are  hereby  loaned  to 
said  board  until  such  time  as  the  State  may  desire  to  otherwise  use 


.1  Source  Book  of  the  University  of  Texas  425 

them,  and  their  removal  to  the  University  of  Texas  is  hereby 
authorized. 

Sec.  7.  For  the  purpose  of  carrying  out  the  provisions  of  this 
act  the  sum  of  ten  thousand  dollars  per  annum  for  two  years  or  ^o 
much  thereof  as  may  be  necessary  is  hereby  appropriated  out  of 
the  general  revenue  of  the  State;  provided,  that  said  mineral  survey 
of  the  State  shall  be  completed  within  two  years. 

Sec.  8.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Approved  March  28,  1901. 

F.  C.  C  S.  for  S.  H.  B.  31;   Ch.  85;  J(.  233;   G.  11,  p.  !>:{<; 

An  Act  making  appropriations  for  the  State  government  for  six 
months  beginning  March  1st,  1901,  and  ending  August  31st,  1901, 
and  for  other  purposes. 

UNIVERSITY   OF  TEXAS 
Mn in   University  at  Austin 

For  the  maintenance,  support  and  direction  of  the 
Uoiversity  of  Texas,  including  repairs,  extensions,  im- 
provements and  buildings  for  the  six  months,  begin- 
ning March  1,  1901,  and  ending  August  31.  1901,  all 
the  available  University  funds,  including  interest  from 
its  bonds,  and  land  notes  and  income  from  its  land 
leases,  and  all  fees  collected  from  students,  and  all 
other  receipts  and  revenues  of  the  University. 

For  the  maintenance,  support  and  direction  of  the  Uni- 
versity for  the  six  months  beginning  March  1,  1901, 
arid  ending  August  31,  1901,  from  the  general  re- 
venue     $30,000.00 

Medical  Branch  of  Galveston 

For  the  maintenance,  support  and  direction  for  six 
months  beginning  March  1,  1901,  and  ending  August 
31,  1901,  all  fees  collected  from  students  and  all 
other  receipts  and  revenues,  arid  in  addition  thereto 
from  the  general  revenue $22,500.00 

For  refunding  to  George  W.  Brackenridge  money  ad- 
vanced for  making  temporary  repairs  at  medical 
college $12,725.00 

For  restoring,  reforming,  repairing,  and  improving 
buildings  and  grounds  of  medical  college,  Sealy  Hos- 
pital and  University  Hall,  and  for  the  repair  and  pur- 
chase of  equipment,   furniture  and   supplies  therefor, 


4l'<;  University  of  Texas  Bulletin 

from  the  general  revenue,  provided  this  appropriation 

shall  not   lapse  at   the  end  of  six  months $40,338.00 


[The  appropriations  for  the  A.  and  M.  College  are  subject  to  the  same 
proviso  ;is  in  Chapter  98,  General  Laws,  Twenty- third  Legislature,  Regular 
■  ■n.] 

Approved  April   12,   1901. 

S.  B.  71;   Ch.  102,  p.  266;  G.  11,  p.  970 

An  Act  to  give  the  Board  of  Regents   of  the  University   of   Texas 

exclusive    control,    management    and    disposition    of    all    mineral 

lands  belonging  to  the  University  of  Texas. 

Section  1.  That  the  Board  of  Regents  of  the  University  of  Texas 
are  hereby  vested  with  the  sole  and  exclusive  management  and 
control  of  all  mineral  lands  within  the  domain  which  has  been  or 
may  hereafter  be  appropriated,  set  aside  or  acquired  by  the  Uni- 
versity of  Texas  and  said  Board  of  Regents  are  hereby  empowered 
and  authorized  to  sell,  lease,  manage  and  control  said  mineral  lands 
belonging  to  said  University  as  may  seem  best  to  them  for  the 
interest  of  the  University  and  they  are  further  empowered  with 
authority  to  explore  and  have  explored  and  develop  said  mineral 
lands  and  to  make  any  contract  with  any  persons  whomsoever  for  the 
exploration  and  development  of  said  mineral  lands  and  pay  the 
expenses  for  such  exploration  or  development  out  of  the  proceeds 
of  the  lease  or  sale  of  said  land. 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict  with  this  act 
are   hereby   repealed. 

Approved    April    17,    1901. 

TWENTY-SEVENTH  LEGISLATURE,  FIRST  CALLED 
SESSION,  AUGUST  6  TO  SEPTEMBER  4,  1901 

H.  B.  8 — By  Mr.  Murray. 

General    appropriation    bill. 

Died  in  Committee.     H.  J.  p.   294. 
S.   B.    3 — By  Committee. 

Appropriation  bill.  Main  University  $105,000  each  year;  Medical 
$45,000  each  year;  Heating  plant,  University  Hall,  Main  $3,5  64 
first  year. 

(Free  Conf.  Com.  Reps.  $125,000  and  $50,000,  $40,000  and 
$40,000) 

S.  J.  p.  42,  74,  160;   H.  J.  p.  311. 


A  Source  Book  of  the  University  of  Texas  421 

August  9,   1901;   S.  J.  p.  15;   H.  J.  p.  3  1 

Brenham  Fortnightly  Club  urges  appropriation  of  $50,000  to 
erect  the  Woman's  Building. 

September  26,   1901;    S,  J.  pp.  30,    120 

The  medical  students  petition  for  an  increased  appropriation  for 
the  Medical  Department. 

TWENTY-SEVENTH  LEGISLATURE,  SECOND  CALLED 
SESSION,  SEPTEMBER  5  TO  OCTOBER  1,  1901 

PROCEEDINGS  IX   THE   LEGISLATURE 

H.  B.  1 — By  Mr.  Schluter. 

General  appropriation  bill — Main  University,  $12;", 000  and  $50,- 
000;    Medical  $40,000  each  year. 

Became  a  law  as  F.  C.  C.  S.  for  H.  B.     H.  J.  p.  297;  S.  J.  p.  112. 

September  24,   1901;   H.  J.  p.  00 

Tie  vote,  4  4  to  44,  broken  by  Speaker  Prince  in  favor  of  the  ap- 
propriation which  resulted  in  the  Woman's  Building. 

September  30,  1901:  H.  J.  p.  139 

Letter  from  Miss  Ney  approving  the  name  of  Oran  M.  Roberts 
Hall  for  the  Woman's  Building,  September  27,  1901.  Tells  of 
an  incident  of  Governor  Robert's  successful  disapproval  of  a  fac- 
ulty resolution  to  close  the  doors  of  the  University  to  girls. 

GENERAL  LAWS 

F.  C.  C.  S.  for  H.  B.   1;   Oh.  4,   pp.   11,   18;   G.   II,  pp.   1309.   1316 

An  Act  making  appropriation  for  the  support  of  the  State  govern- 
ment for  the  two  years  beginning  September  1,  1901,  and  end- 
ing August  31,   1903,  and  for  other  purposes. 

To  refund  to  purchasers  or  lessees  of  public  domain,  public 
school,  University  or  Asylum  lands,  or  to  their  vendees  or  as- 
signees, the  money  paid  by  them  into  the  State  treasury,  or  to 
the  Attorney  General,  in  accordance  with  the  laws  of  this  State 
where  it  is  shown  by  certificate  of  the  Commissioner  of  the  Gen- 
eral Land  Office  that  title  cannot  issue  or  possession  pass  because 
of  conflict,  sales  out  of  lands  leased,  erroneous  sales,  erroneous 
leases  and  other  causes,  where  a  patent  has  been  canceled  by  a 
decree   of  court   or  by  the   Land   Commissioner,   or   to   be   paid   out 


428  University  of  Texas  Bulletin 

of  the  respective  funds  to  which  said  payments  were  credited,  said 
claims  to  be  approved  by  the  Attorney  General  as  to  whether  claims 
i  ome  under  the  provisions  of  this  act,  and  as  to  correctness  of  claims 
and  to  whom  due;  provided,  that  the  money  paid  by  any  purchaser 
or  lessee  shall  be  refunded  to  the  vendee  or  assignee  of  such  pur- 
chaser or  Its  ee  in  case  of  sale  of  the  land  by  the  purchaser  or  as- 
signment of  the  lease  by  the  lessee  after  payment  of  such  money, 
so  that  the  money  be  paid  to  the  person  upon  whom  the  loss  falls  in 
case  of   failure  of  title  or  right  of  possession $25,000 

UNIVERSITY    OF   TEXAS 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas,  in- 
cluding repairs,  extensions,  improve- 
ments and  buildings  for  the  next  two 
years,  beginning  September  1,  1901, 
and  ending  August  31,  1903,  all  the 
available  University  f  unds,  including 
interest  from  its  bonds  and  land  notes, 
and  income  from  its  land  leases,  and  all 
fees  collected  from  students,  and  all 
other  receipts  and  revenues  of  the  Uni- 
versity. 

Provided,  that  if  a  dormitory  for  girls 
is  erected,  it  shall  be  known  as  the 
"Oran  M.  Roberts  Memorial  Hall." 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas  for  the 
two  years  beginning  September  1,  1901, 
and  ending  .August  31,  1903,  from  the 
general  revenue,  provided  such  appro- 
priation shall  not  lapse  August  31, 
1902 $125,000.00      $    50,000.00 

Medical  Branch  at  Galveston 

For  maintenance,  support  and  direction 
for  the  two  years  beginning  Septem- 
ber 1,  1901,  and  ending  August  31, 
1903,  all  fees  collected  from  students 
and  all  other  receipts  and  revenues, 
and  in  addition  thereto  from  the  gen- 
eral   revenue.    .    $    40,000.00      $    40,000.00 

[Tlie  appropriations  for  tin-  A.  and  M.  College  are  subject  to  substan- 
tially the  same  provisos  as  in  Chapter  98,  General  Laws,  Twenty-third 
Legislature,   Regular  Session.] 

Approved  October  2,   1901. 


A  Source  Book  of  (Ik   University  of  Texas  4L'!) 

TWENTY-EIGHTH   LEGISLATURE,    REGULAR    SESSION, 
JANUARY  13  TO  APRIL  1,  1903 

MESSAGE   OF   GOVERNOR    J.   ]>.   SAYERS 

.January  1«,  1903;  H.  J.  pp.  54,  55,  56;   S.  J.  pp.  2:>-*2«,  '27 

THE   UNIVERSITY 

The  student  body  at  this  institution  in  1898-1899  numbered  800, 
and  in  1901-02,  1378 — a  gain  of  578.  This  large  and  continuing 
growth,  year  by  year,  raised  a  very  seriqus  question.  Under  pre- 
sent conditions,  it  is  with  exceeding  difficulty  that  such  an  atten- 
dance can  be  accomodated  with  the  instruction  that  should  be 
given. 

Additional    grounds,    buildings    and    equipment    are    necessary    in 
order    to    relieve    the    embarrassment,    which    cannot    be    prolonged 
without    detriment    to    the    institution.      Though    none    will    record 
themselves  as    favoring    a   policy  of    inactivity    or    retrogression — 
either  of  which  would  be  fatal — yet,  unfortunately,  there  are  those 
who  hesitate  to  adopt  the  only  feasible  plan,   in  the  circumstances 
of  the  present,  by  which  the  situation  can  be  relieved  and  the  Uni- 
versity continued   on   its  course  of  progress  and   development.      No 
practical    method    can    be    devised    to    raise    the   necessary   funds,    if 
the   Legislature    shall    not   appropriate   annually   more   than    hereto- 
fore   for    maintenance.       I.    therefore,    recommend    a    sufficient    ap- 
propriation  for    that    purpose,    during   each    of    the    next    two    fiscal 
years,  to  enable  the  Board  of  Regents  to  inaugurate  and  maintain, 
through   the  revenue  arising   from   the   permanent   fund,    a    gradual 
and  uninterrupted  enlargement   in   improvements  and   property,   re- 
sponsive to  the  needs  of  the  University;   and  that  authority,  if  nec- 
essary,  be   granted   to  the   Board    to   use,   within    its   discretion,    the 
revenue   accruing   from    the   permanent   fund.      If  this  be   done,    its 
future  progress  will  undoubtedly  be  greater  than  in  the  past,   with 
corresponding   benefit   to    the    people.      It   has   shown    itself    worthy 
the    most    favorable    consideration    by    the    State;    its    record    gives 
certain  promise  of  a  usefulness  unsurpassed  in   the   history  of  kin- 
dred institutions,    elsewhere.      By  the   Act   of   March    28,    1901,    the 
University  was  authorized   to  make  a  mineral  survey  of  the   public 
lands,  and  under  it  much  valuable  work  was  done,  though   ti 
propriation    of    $10,000    per    annum    was    altogether    too    -mall    for 
Ihe    purpose.      In    view    of    the    fact    that    this    policy    has    been    at- 
tended  with   good   results,   it   is   believed   that   the   survey   should   be 
extended  to  all  the  lands  without  exception,  and  that   in  consequence 
a   larger   appropriation   should    be    made — especially   as    the    United 
States   Geological   Survey   will   co-operate,   expending   a    like   amount 
of  money.     There  should  also  be  further  legislation   as  t<>  the  classi- 


430  University  of  Texas  Bulletin 

flc.it ion  ami  sale  of  the  mineral  lands.  The  importance  of  this 
movement  cannot  be  overestimated,  and  it  is  recommended  that 
the  matter  be  most  carefully  considered,  so  that  their  survey, 
classification  and  sale  may  be  under  the  sanction  of  law  and  by  the 
most  advisable  method. 

In  this  connection,  I  have  to  inform  the  Legislature  that  the 
Director  of  the  United  States  Geological  Survey  advises  that  its 
employes  have  been  frequently  embarrassed  in  the  prosecution 
of  their  field  surveys  by  individuals  refusing  to  permit  them  upon 
their  property.  With  the  view  of  obviating  this  difficulty  and  to 
secure  a  complete  and  accurate  survey  as  early  as  may  be  practica- 
ble, he  asks  for  legislation  making  it  lawful  for  the  persons  so  em- 
ployed to  ente*-  upon  the  lands  within  the  State — such  legislation, 
however,  not  to  be  construed  as  authorizing  any  unnecessary  in- 
terference with  private  rights.  The  recommendation  of  the  Direc- 
tor is  approved,  it  being  quite  important  to  the  State  that  the  survey 
shall  be  completed  without  unnecessary  delay. 

Authority  should  be  given  the  Board  of  Regents  to  invest  the 
money  credits  to  the  permanent  fund  of  the  University  in  the 
treasury,  so  that  the  same  may  be  interest  bearing.  Such  power  is 
conferred  upon  the  State  Board  of  Education  over  the  permanent  free 
school  fund,  and  no  sound  reason  can  be  urged  why  it  should  be 
withheld  from  the  Board  of  Regents.  It  is  of  much  importance  to 
the  educational  system  of  the  State  that  the  relations  between  the 
different  institutions,  including  the  graded  and  common  free 
schools,  should  be  clearly  and  carefully  denned,  and  that  the  sphere 
of  each  should  be  so  accurately  determined  by  law  as  to  prevent  the 
duplication  of  the  authorized  work  of  any  institution  or  class  of 
schools.  In  this  way  only  can  a  harmonious  system,  without  un- 
necessary expense,  be  established  and  maintained. 


I  do  not  believe  that  a  wiser  step,  or  one  that  will  insure  better 
and  more  substantial  results,  can  be  taken  as  to  the  University  and 
the  Agricultural  and  Mechanical  School  by  the  Legislature  and  the 
people  than  to  make  permanent  provision,  through  a  self-executing 
constitutional  amendment  levying  a  small  annual  tax,  for  their  main- 
tenance and  development.  The  effect  will  be  to  eliminate  these 
institutions  from  the  biennial  appropriation  bills,  and  to  insure  them 
certain  and  increasing  incomes.  Until  this  shall  be  done,  they  will 
go  limping  along  at  half-starved  speed 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  11 — By  Mr.  Brown. 

To  extend  the  time  of  validity  of  certain  teachers'  certficates. 
Became  a  law.     H.  J.  p.  127S;   S.  J.  p.  1066. 


A  Source  Book  of  1lie  University  of  Texas  431 

H.  B.  311 — By  Mr.  Boyd. 

General  appropriation  bill. 

Died  on  Speaker's  table.     H.  J.  p.  1288. 
H.  B.  401 — By  Mr.  Budgers. 

To  provide  for  a  mineral  survey  of  the  public  lands. 

Died  on  Speaker's  table.     H.  J.  p.  1290. 
H.  B.  47  3 — By  Mr.  Bolen. 

To  exempt  holders  of  certain  University  of  Texas  degrees  and 
diplomas  from  examination  for  the  first  grade  teachers'  certificate". 

Adversely  reported.      [Opposed  by  Regents.]   H.  J.  p.  1293. 
H.  B.  4  84 — By  Mr.  Hudson,  et  al. 

To  provide  for  the  annual  inspection  of  military  schools. 

Favorably  reported.     Died  on  Speaker's  table.     H. ' J.  p.   1293. 
S.  B.  47 — By  Mr.  Hill. 

To  limit  the  time  within  which  persons  claiming  the  right  to 
purchase  or  lease  public  free  school,  University  or  asylum  lands 
may  bring  suit. 

Adverse  minority  reported.     Adopted.     S.  J.  p.  1040. 
S.  B.  5  6 — By  Mr.  Davidson  of  Galveston. 

To  amend  the  law  relating  to  licenses  to  practice  law. 

Became  a  law.     S.  J.  p.  1020;   H.  J.  p.  1338. 
S.  B.  131 — By  Mr.  Hill. 

To  authorize  the  sale  of  portions  of  free  school,  University  and 
asylum  lands,  to  railroads,  for  depots,  yards,  shops,  etc. 

Became  a  law.     S.  J.  p.  1041;   H.  J.  p.  1339. 
S.  B.  203 — By  Mr.  Hill. 

To  provide  for  a  mineral  survey  of  the  public  lands  ("including 
University)  and  other  mineral  lands  and  to  penalize  disclosing  un- 
lawfully information  obtained  by  such  survey. 

Became  a  law.     S.  J.  p.  1042;  H.  J.  p.  1340. 

January  16,  1903;   H.  J.  pp.  71-72;  S.  J.  p.  43 

Letters  received  from  Wm.  L.  Prather  and  Chas.  B.  Winn,  stat- 
ing that  4,000,000  gallons  of  water  and  18,000  watts  for  light  and 
power  were  used  in  190  2,  estimating  future  needs  at  20,000,00 
gallons  and  30,000  watts. 

GENERAL   LAWS 

S.  B.  56;  Ch.  42,  p.  50;  G.  12,  p.  50 

An  Act  to  provide  for  and  regulate  the  granting  of  licenses  to 
practice  as  attorney  and  counselor  at  law  in  all  the  courts  of 
the  State  of  Texas,  and  to  repeal  all  laws  and  parts  of  laws  in 
conflict  therewith. 

Sec.    7.     All    persons   shall    be   subject   to   this   act.   whether   or 
they  hold  a  diploma  from  the  Law  Department  of  the  State  Univer- 


432  University  of  Texas  Bulletin 

Bity,  and  all  laws  and  parts  of  laws  in  conflict  herewith  are  hereby 
repealed. 

Approved    March    10,    1903. 

S.    B.    131;    Ch.    07,    p.    i'27;    G.    12,    p.    ">«) 

An  Act  authorizing  the  sale  of  certain  portions  of  the  Public  free 
school.  University  and  asylum  lands,  to  railroad  companies  own- 
ing, operation  or  contructing  railroads  in  this  State,  for  the  loca- 
tion and  establishment  of  town  sites,  depots,  stations,  yards  and 
round  houses,  shops,  divisional  terminals,  or  water  stations;  and 
to  prescribe  the  terms  and  conditions  of  such  sales,  to  authorize 
the  Commissioner  of  the  General  Land  Office  or  Board  of  Regents 
of  the  State  University,  as  the  case  may  be,  to  fix  the  price  of  such 
lands  when  sold* for  such  purposes, 

r.\To  University  lands  have  been  sold  under  the  provisions  of  this  act. 
the  text  of  which  is  therefore  omitted.] 

S.  B.  203;  Oh.  144,  p.  234;  G.  12,  p.  266 

An  Act  to  provide  for  a  mineral  survey  of  the  land  belonging  to 
the  public  schools,  University,  asylums  or  of  the  State  and  other 
mineral  lands  within  the  State,  and  to  make  appropriation  there- 
for, and  to  provide  a  penalty  for  unlawfully  disclosing  informa- 
tion obtained  by  such  survey;   and  also  declaring  an  ■emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 

Section   1.     The  Board  of  Regents   of  the  University  of   Texas   are , 
authorized  and  directed  as  soon  as  practicable  to  have  made  a  min- 
eral  survey  of  all  the  lands  belonging  to  the   public  schools,   Uni- 
versity, asylums,  or  to  the  State  and  other  mineral  lands  within  the 
State. 

Sec.  2.  Said  board  shall  employ  for  that  purpose  persons  skilled 
and  who  have  had  at  least  five  years  of  practical  experience  in  the 
science  of  mineralogy,  geology  or  chemistry,  and  who  shall  conduct 
said  survey  under  the  direction  of  said  board. 

Sec.  3.  Said  board  shall  publish  at  least  once  annually  for  free 
distribution  among  the  people  of  the  State  all  practical  information 
collected  in  the  prosecution  of  said  survey  as  the  same  progresses; 
but  the  information  obtained  by  a  survey  of  th-e  public  school, 
University,  asylum  or  State  lands  shall  not  be  communicated  by 
said  board  or  by  the  person  or  persons  making  said  survey,  to  any 
person  whomsoever  until  said  information  is  published  for  the 
benefit  of  the  general  public;  and  anyone  violating  this  provision 
shall  upon  conviction,  be  fined  in  any  sum  not  exceeding  one  thou- 
sand  dollars,   or  by  imprisonment  not  to  exceed  two  years  in  jail. 


A  Source  Book  of  tin   I  niversity  of  Texas  433 

But  it  is  expressly  provided,  that  said  information  shall  be  com- 
municated to  the  Commissioner  of  the  General  Land  Office  for  his 
guidance  in  the  disposition  of  mineral  bearng  lands. 

Sec.  4.  In  connection  with  the  work  of  said  survey  provision 
shall  be  made  by  said  board  for  assays,  analyses,  and  other  scien- 
tific examinations  of  specimens  of  mineral  substances  found  in  the 
State,  and  for  the  collection  and  distribution  of  statistics  relating 
to  the  mineral  production  of  the  State;  and  such  assays,  analyses 
and  examinations  shall  be  made  at  the  request  of  any  citizen  of 
the  State,  and  a  certificate  thereof  given,  and  a  uniform  and 
sonable  charge  shall  be  fixed  by  said  board  for  such  assays  and 
analyses.  It  is  specially  provided,  however,  that  assays  and  analyses 
of  mineral  substances  found  in  or  upon  any  of  the  public  lands  of 
the  State  shall  be  made  free  of  charge  when  requested  by  the  Gover- 
nor or  by  the  Commissioner  of  the  General  Land  Office. 

Sec.  5.  In  connection  with  said  survey,  said  board  shall  make  pro- 
vision for  instruction  in  the  University  of  Texas.  In  practical  econ- 
omic and  field  geology  and  mineralogy  and  shall  have  prepared  and 
transmitted  to  the  A.  &  M.  College,  for  educational  purposes,  dupli- 
cate specimens  of  all  mineral  and  other  substances  obtained  from 
the   survey. 

Sec.  6.  In  connection  with  said  survey  and  for  distribution 
among  the  citizens  of  this  State,  said  board  shall  cause  to  be  made 
and  published,  in  whole  or  in  part,  a  geological  map  of  the  Stale 
of  Texas,  to  the  end  that  the  exact  location  of  mineral  deposits  may 
be  correctly  set  forth. 

Sec.  7.  Said  board  of  regents  is  hereby  authorized  and  em- 
powered to  lend  to  the  Texas  World's  Fair  Commission,  for  exhibi- 
tion at  the  Louisiana  Purchase  Exposition,  to  be  held  at  the 
City  of  St.  Louis,  1904,  such  collections  of  mineral  substances  as 
may  now  or  hereafter  be  at  the  University  of  Texas;  provided,  that 
all  the  expenses  incurred  in  the  removal  of  said  collection  to  and 
from  St.  Louis  shall  be  borne  by  said  Commission,  and  provided, 
that  such  collection  with  all  additions  thereto  shall  be  returned  t<> 
the   University. 

Sec.  8.     For    the    purpose    of    carrying    ou(     the    provisions    of  this 
Act,  the  sum  of  fifteen  thousand  dollars  per  annum    for  two  years, 
beginning  March  28,  1903,  and  ending  March   28,   1905,  or  so  much 
thereof  as  may  be  necessary  is  hereby  appropriated   from   tin 
eral   revenue. 

Sec.  9.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
of  this  Act  are  hereby  repealed. 

Sec.  10.  Whereas,  the  mineral  survey  that  has  been  carried  on 
for  the  last  two  years  under  the  provisions  of  11.  B.  135,  Twenty- 
seventh  Legislature,  has  been  of  great  value  to  the  Stale  in  calling 
attention   to   its   mineral   wealth;    and    whereas,    -aid    survey   should 

28— L'JT 


134  University  of  Texas  Bulletin 

be    continued    without    interruption;    therefore,    it    is    declared    that 
an.  emergency  has  been   created 


Became  a  law  April  11,  1903,  without  the  signature  of  the 
Governor. 

TWENTY-EIGHTH  LEGISLATURE,  FIRST  CALLED  SES- 
SION, APRIL  2  TO  MAY  1,  1903 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  1 — By  Mr.  Boyd. 

Appropriation  bill. 

F.  C.  C.  S.  for  S.  H.  B.  1;  Main  University  $125,000;  Medical, 
$48,006.76   each  year. 

Became  a  law  as  S.  H.  B.  1.     H.  J.  p.  359;  S.  J.  p.  222. 

University  appropriation   itemized.      H.   J.   pp.    269-272   and   S.   J. 
pp.   177-180. 
S.   B.    5 — By  Mr.   Wilson. 

Appropriation  bill. 

Superseded  by  S.  H.  B.  1.     S.  J.  p.  220;  H.  J.  370. 

S.  H.  B.  1;  Ch.  13,  pp.  37,  75;  G.  12,  p.  380 

An  Act  making  appropriations  for  the  support  of  the  State  gov- 
ernment for  two  years  beginning  September  1,  1903,  and  end- 
ing August  31,  1905,  and  for  other  purposes. 

University  of  Texas 

[Main  University  Budget    itemized  in  detail,  pp.  37-41.] 

The  sum  of  $125,000  for  the  year  ending  August  31,  1904,  and 
$125,000  for  the  year  ending  August  31,  1905,  is  hereby  appro- 
priated out  of  the  general  revenues  of  the  State  to  pay  the  sums 
of  money  above  set  forth  and  mentioned  [budget  fully  itemized] 
and  not  more  than  $40,148.34  out  of  the  available  University  funds, 
including  the  interests  from  its  bonds  and  land  notes,  income 
from  its  land  leases  and  all  fees  collected  and  all  other  receipts  and 
revenues  of  the  University  is  hereby  appropriated  to  pay  the  re- 
mainder of  the  sums  of  money  above  set  forth  and  mentioned  and 
the  remainder  of  the  University  funds  including  the  interests  from 
its  bonds  and  land  notes  and  income  from  its  land  leases  and  all 
the  fees  collected  and  other  receipts  and  revenues,  is  hereby  ap- 
propriated to  erect  buildings  and  make  such  extension  and  im- 
provements to  the  buildings  of  the  University  and  for  such  other 
uses  as  shall  be  deemed  best  and  advisable  by  the  Board  of  Regents 


A  Source  Book  of  the  University  of  Texas  435 

of  the  State  University;  and  provided  further,  that  the  board  of 
regents  are  authorized  to  employ  any  of  the  teachers  and  other 
employes  above  mentioned  at  a  different  salary  if  practicable  or  by 
them  deemed  expedient,  and  also  to  add  any  additional  teachers 
or  other  employes  at  salaries  to  be  fixed  by  the  board  of  regents; 
and  provided  further,  that  the  board  of  regents  may  modify  and 
adjust  the  items  of  expense  as  conditions  demand. 

Medical  Branch  at  Galveston 

[Bud-vet  itemized  in  detail,  pp.  41,   12.1 

And  the  sum  of  $48,006.66  is  hereby  appropriated  out  of  the  gen- 
eral revenues  of  the  State  for  the  year  beginning  September  1, 
4903,  and  ending  August  31,  1904,  and  the  same  sum  is  hereby  ap- 
propriated out  of  the  general  revenues  for  the  year  beginning 
September  1,  1904,  and  ending  August  '31,  1905,  and  the  fees  of 
said  medical  branch  of  the  University  for  each  of  said  years  is 
hereby  appropriated  for  each  of  said  years  to  pay  the  above  men- 
tioned sums  [budget  fully  itemized]  of  money;  provided,  the  board 
of  regents  of  the  University  of  Texas  are  hereby  authorized  to  em- 
ploy any  of  the  above  named  and  mentioned  teachers  and  employes 
at  a  different  salary,  if  by  them  deemed  best  or  advisable,  and  also 
to  add  additional  teachers  or  other  employes  at  salaries  to  be  fixed 
by  the  board  of  regents;  provided  further,  that  the  board  of  re- 
gents may  modify  and  adjust  the  items  of  expense  as  conditions 
demand. 

[The  appropriations  for  the  A.  and  M.  College  are  subject  to  the  same 
proviso  as  in  Chapter  9S,  General  Laws.  Twenty-third  Legislature,  Regular 
Session.] 

Approved   May    15,    1903. 

Executive   Veto    [of   Governor   Lanham]    on   General    Appropriation 
Bill,  S.  H.  B.   1.      May  15,   1903;   S.  J.  p.  2:57 


THE   UNIVERSITY   OF   TEXAS 

"The  unusual  form  [apparently  refers  to  extreme  itemization  in 
connection  with  what  was  in  fact  a  "lump"  sum  appropriation]  in 
which  the  appropriation  for  this  institution  is  made  has  caused 
me  much  embarrassment.  I  have  the  assurances  from  the  Board 
of  Regents,  upon  which  I  am  entirely  willing  to  rely,  that  not  ex- 
ceeding $200,000  of  the  amount  appropriated  out  of  the  general 
revenue  for  the  next  two  fiscal  years  shall  be  expended  without  the 
consent  of  the  Governor.  This  places  it  within  tlio  power  of  the 
executive  to  prevent  the  expenditure  of  $50,000  for  the  two  years 
6t  the  amount  appropriated  for  the  University,  if  the  condition  of 


4:5(i  University  of  Texas  Bulletin 

the   treasury   should    so   require.     In   consequence,    1    have   not   in- 
terfered  with    the  appropriation  made  for  the  University." 

[Governor    Lanham   subsequently    (December,  1903)   allowed  the  Regents 
end  this  $50,000,  and  as  a  resull   the  Engineering  Building  was  erected.] 

TWENTY-NINTH  LEGISLATURE,  REGULAR  SESSION, 
JANUARY  10  TO  APRIL  15,  1905 

MESSAGE    OF    GOVERNOR    S.    W.    T.    IaANHAM 
January  12,   1905;  H.  J.  p.  50;    S.  J.  p.  21 

The  University  of  Texas  has  been  in  existence  for  twenty-one 
years.  During  this  period  the  number  of  its  students  has  increased 
from  221  in  1883  to  1357  in  1904;  the  number  in  its  instruction  force 
from  12  in  1883,  to  84  in  1904;  the  number  of  its  buildings,  be- 
ginning in  18  83  with  the  west  wing  of  the  main  building  at  Austin, 
to  ten  buldings  in  Austin  and  Galveston  in  1904,  of  which  five  have 
been  erected  by  the  State  and  five  have  been  donated  by  generous 
citizens.  It  has  greatly  enlarged  and  extended  its  curriculum,  and 
has  conferred  186  6  degrees  and  54  certificates  of  proficiency  in  nurs- 
ing. Of  these,  856  degrees  and  45  certificates  of  proficiency  have 
been  conferred  within  the  past  five  years.  The  roll  of  its  graduates 
now  approaches  200  a  year,  and  this  number  of  trained  men  and 
women  annually  distributed  among  our  citizenship  adds  greatly  to 
the  intellectual  and  moral  forces  engaged  in  the  development  and 
advancement  of  the  State.  It  is  no  longer  wise  nor  necessary  for 
the  young  men  and  women  of  Texas  to  go  beyond  its  borders  for 
higher  education.  There  has  been  erected  and  equipped  an  engin- 
eering building,  where  instruction  can  be  given,  not  only  in  civil,  but 
also  in  electrical,  mining  and  irrigation  engineering.  This  building  is 
modern  in  design  and  will  be  in  equipment,  and  will  afford  op- 
portunty  to  train  many  engineers  at  home. 

The  area  from  which  the  patronage  of  the  University  is  drawn 
has  been  extended  until  151  counties  in  Texas  and  eighteen  states 
and  foreign  countries  are  represented  by  its  students.  These  stu- 
dents come  from  all  the  walks  of  life,  more  than  fifty  professions, 
trades  and  occupations  being  represented.  Four-fifths  of  the  whole 
number  are  native  born  Texans,  and  one-third  of  them  have  made 
or  are  making  the  money  to  pay  their  way  while  in  the  University. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.   B.   62 — By  Mr.  Hudspeth. 

To  provide  for  the  purchase  and  lease  of  lands  of  State. 

Became  a  law.     H.  J.  p.  1496;  S.  J.  p.  1242. 
H.  B.  68 — By  Mr.  Witherspoon. 


A  Source  Book  of  the  University  of  Texas  437 

To  regulate  and  provide  for  the  medical  use  of  unclaimed  human 
bodies. 

Died  on  Speaker's  table.     H.  J.  p.  1497. 
H.  B.  87 — By  Mr.  Ware. 

To  provide  for  the  sale  of  certain  State  lands  for  certain  purposes. 

Became  a  law.     H.  J.  p.  1497;  S.  J.  p.  1243. 
H.  B.  171 — By  Messrs.  McKinney  and  Davis. 

To  exempt  graduates  of  the  Law  Department  from  appearing 
before  the  board  of  legal  examiners. 

Died  on  Speaker's  table.     S.  B.  150,  same  subject  passed.     H.  J. 
p.   1500., 
H.  B.  190 — By  Mr.  Bryan  of  Taylor  and  Mr.  Carswell  of  Wise. 

To  prevent  the  destruction  of  minerals  and  timber  of  the  public 
lands. 

Became  a  law.     H.  J.  p.  1501;  S.  J.  p.  1246. 
H.  B.   400 — By  Mr.  Murray. 

Appropriation   bill. 

Died   in  Committee.      H.   J.   p.    1508. 
H.  B.  446 — By  Mr.  McKenzie,  et  al. 

To  create  and  establish  a  mineral  survey  of  the  public  lands. 

Died  on  Speaker's  table.     H.  J.  p.  1510. 
H.  B.  516 — By  Mr.  Wilmeth. 

To  confer  certain  authority  on  the  Land  Commissioner. 

Died  on  Speaker's  table.     H.  J.  p.  1513. 
H.  C.  R.  23 — By  Mr.  Winter. 

To  examine  into  the  University  and  its  departments  to  determine 
their  needs. 

Died  on  Speaker's  table.     H.  J.  p.  1519;  S.  J.  p.  1269. 
S.  B.    4 — By  Mr.  Willacy. 

Appropriation   bill. 

Died  in  Committee.     S.  J.  p.   1183. 
S.   B.   141 — By  Mr.  Grinnan. 

To  authorize  the  Superintendent  of  Public  Instruction  to  issue 
certificates  to  persons  holding  diplomas  issued  to  them  by  colleges, 
universities,  and  institutions  of  learning  in  Texas. 

Became  a  law.     S.  J.  p.  1207;  H.  J.  p.  1556. 

[Regents  did  not  favor  this  bill.] 
S.  B.  150 — By  Mr.  Hicks. 

To  amend  Section  7,  chapter  4  2  of  the  Acts  of  the  Twenty-eighth 
Legislature,  entitled  "An  Act  to  provide  for  and  reguatle  the  grant- 
ing of  license  to  practice  as  attorney  and  counselor  at  law  in  all 
the  courts  of  Texas,  and  to  repeal  all  laws  in  conflict  therewith." 

Became  a  law.     S.  J.  p.  1209;  H.  J.  p.  1556. 
S.    B.    179 — By  Mr.    Decker. 

To  establish  a  mineral  survey  of  the  public  and  other  mineral 
lands   within   the   State,   to   determine   the   underground   or   surface 


438  University  of  Texas  Bulletin 

waters,  to  provide  a  penalty  for  unlawfully  disclosing  information 
obtained  by  said  survey. 

Died  in  House.     S.  J.  p.  1212;  H.  J.  p.  1557. 
S.    B.    190 — By   Mr.    Stone. 

A  bill  to  be  entitled  "An  Act  to  amend  Sections  3295,  3296,  and 
3303,  chapter  2,  Title  LXVI,  Revised  Civil  Statutes  of  the  State 
of  Texas." 

Died  in  Committee.     S.  J.  p.   1214. 
S.  B.  218 — By  Messrs.  Barrett,  Harbison,  and  Harper. 

A  bill  to  be  entitled  "An  Act  to  provide  for  a  more  efficient  sys- 
tem of  public  free  schools  in  Texas;  defining  school  funds;  provid- 
ing for  investment  of  permanent  fund,  etc.,  etc. 

Became  a  law.     S.  J.  p.  1219;   H.  J.  p.  1557. 
S.  B.   316 — By  Mr.  Harbison. 

To  purchase  for  $5,000  from  the  World's  Fair  Comimssion  a  cer- 
tain exhibit  now  situated  at  the  University. 

Died  in   Committee.      S.   J.   p.    123  2. 

GENERAL  LAWS 

H.  B.  62;  Ch.  29,  p.  35;  G.  12,  p.  901 

An  Act  to  prescribe  a  period  of  limitation  within  which  any  person 
claiming  the  right  to  purchase  or  lease  public  free  school,  State 
University  or  asylum  lands  heretofore  sold  or  leased  to  others, 
shall  bring  his  suit  therefor. 

Section  1.  Be  it  enacted  ~by  the  Legislature  of  the  State  of  Texas: 
That  hereafter  all  persons  claiming  the  right  to  purchase  or  lease 
any  public  free  school  lands,  or  any  lands  belonging  to  the  State 
University,  or  either  of  the  State  asylums  which  have  been  hereto- 
fore or  which  may  be  hereafter  sold  or  leased  to  any  other  person 
under  any  provision  of  the  law  authorizing  the  sale  or  lease  of 
any  of  said  lands,  shall  bring  his  suit  therefor  within  one  year  after 
this  Act  goes  into  effect,  or  after  the  date  of  the  award  of  such 
sale  or  lease,  if  such  award  is  made  after  the  taking  effect  of  this 
Act,  and  not  thereafter. 

Skc.  2.  If  no  suit  has  been  instituted  by  any  person  claiming  the 
right  to  purchase  or  lease  any  of  said  land  within  the  period  of 
time  limited  in  the  first  section  of  this  Act,  it  shall  be  conclusive 
evidence  that  all  the  requirements  of  the  law  with  reference  to 
the  sale  or  lease  of  such  lands  have  been  complied  with;  provided 
that  nothing  in  this  Act  shall  be  construed  to  effect  the  State  of 
Texas  in  any  action  or  proceeding  that  may  be  brought  by  it  in  re- 
spect to  any  of  said  lands. 
Approved  March  16,  1905. 


A  Source  Book  of  the  University  of  Texas  439 

H.  B.  190;  Ch.  32,  p.  39;  G.  12,  p.  905. 

An  Act  to  authorize  and  require  the  Attorney-General  to  bring 
suits  for  the  value  of  all  minerals  or  other  property  of  value 
taken  therefrom,  and  for  all  timber  destroyed,  used  or  otherwise 
appropriation  by  persons  and  corporations  on  public  free  school, 
University,  asylum  and  other  public  lands  of  the  State;  to  fix 
the  venue  of  said  suits;  to  require  the  Commissioner  of  the  Gen- 
eral Land  Office  and  county  attorneys  to  report  to  the  Attorney- 
General  and  to  fix  the  compensation  of  said  officers  for  said 
services. 


Approved  March  22,  1905. 

[No   suit   involving  University   lands   seems   ever    to   have   been    bri 
under  this  law.  which   is  therefore  omitted.] 

H.    B.    87;    Oh,    46,    pp.    58-61;    G.    12    pp.    924-927 

An  Act  to  amend  Sections  1,  3  and  4  of  Chapter  97,  page  127, 
Acts  of  the  Regular  Session  of  the  Twenty-eighth  Legislature, 
authorizing  the  sale  of  certain  portions  of  the  public  free  school, 
University  and  asylum  lands  to  railroad  companies  owning,  oper- 
ating or  constructing  railroads  in  this  State  for  the  location  and 
establishment  of  town  sites,  depots,  stations,  yards,  round  houses, 
shops,  divisional  terminals  or  water  stations,  and  to  prescribe  the 
terms  and  conditions  of  such  sales;  to  authorize  the  Commis- 
sioner of  the  General  Land  Office  or  the  board  of  regents  of 
the  State  University,  as  the  case  may  be,  to  fix  the  price  of  such 
lands  when  sold  for  such  purposes. 


Became  a  law  without  the  signature  of  the  Governor. 

[No  University  land  was  s<  Id  under  this  law,  which  is  therefore  omitted  1 

S.  B.  150;  Ch.  100,  pp.  150-151;   G.  12,  pp.  1016-1017 

An  Act  to  amend  Section  7,  Chapter  42,  of  the  Acts  of  the  Twenty- 
eighth  Legislature,  entitled  "An  Act  to  provide  for  and  regulate 
the  granting  of  license  to  practice  as  Attorney  and  Counselor 
at  Law  in  all  the  Courts  of  the  State  of  Texas,  and  to  repeal  all 
laws  and  parts  of  laws  in  conflict  therewith;"  approved  March 
19,    1903. 

That  Section  7,  Chapter  42,  of  the  Acts  of  the  Twenty-eighth 
Legislature,  entitled  "An  Act  to  provide  for  and  regulate  the  grant- 
ing of  license  to  practice  as  Attorney  and  Counselor  at  Law  in 
all  the  Courts  of  the  State  of  Texas,  and  to  repeal  all  laws  and 
parts  of  laws  in  conflict  therewith,"  be  amended  so  as  to  hereafter 
read  as  follows: 


Ill)  University  of  Texas  Bulletin 

Sec.  7.  Any  person  holding  a  diploma  from  the  Law  Depart- 
ment of  the  University  of  Texas  shall  be  entitled  to  a  license  to 
practice  as  an  Attorney  and  Counselor  at  Law,  in  all  the  Courts 
of  this  State  without  any  further  examination,  upon  presentation 
to  the  Clerk  of  the  Supreme  Court  of  the  State  such  diploma 
within  twelve  months  from  the  issuance  of  the  same,  together  with 
a  certificate  from  the  Commissioners  Court  of  the  County  in  which 
such  person  resides,  showing  that  such  person  bears  a  good  repu- 
tation for  moral  character  and  honorable  deportment,  that  he  has 
resided  in  such  county  for  at  least  six  months,  is  at  least  twenty-one 
years  of  age,  and  such  other  and  further  facts  as  may  be  required 
by  the  Supreme  Court  of  this  State;  and  the  clerk  of  the  Supreme 
Court  of  Texas  is  hereby  authorized  and  empowered  to  issue  said 
license  upon  payment  of  the  fee  of  ten  dollars,  as  required  by  law; 
provided,  that  nothing  herein  shall  be  construed  to  exempt  the  ap- 
plicant for  license  from  taking  the  oath  required  by  law;  and, 
provided  further  that  any  diploma  issued  by  said  University  on  a 
grade  less  than  that  prescribed  by  the  Supreme  Court  for  examina- 
tions of  applicants  shall  not  entitle  the  holder  thereof  to  such 
license. 

Approved   April   15,    1905. 

S.  B.  218;  Ch.  124,  p.  295;  G.  12,  p.  1161 

An  Act  to  provide  a  more  efficient  system   of  public   free  schools. 
College  Diplomas 

Section  122.  University  diplomas  and  certificates  given  by  the 
University  of  Texas  to  students  of  the  school  of  pedagogy  shall 
have  the  force  and  effect  of  State  certificates,  as  follows: 

1.  Diplomas  conferred  by  the  Regents  of  the  University  of 
Texas  on  students  completing  some  degree  course  and  also  the 
degree  course  of  the  school  of  pedagogy,  shall  have  the  force  of 
permanent  State  certificates. 

2.  Certificates  issued  by  the  school  of  pedagogy  to  students 
completing  the  advanced  course,  or  the  special  professional  course, 
or  the  graduate  course,  shall  have  the  force  of  first  grade  State 
certificates  for  four  years. 

3.  Certificates  issued  by  the  school  of  pedagogy  to  students 
completing  the  junior  course  shall  have  the  force  of  State  certifi- 
cates of  the  first  grade  for  a  period  of  two  years. 

Section  123.  Any  teacher  who  may  hold  a  diploma  conferring 
on  him  the  degree  of  bachelor  of  arts,  bachelor  of  science,  bachelor 
of  letters,  or  any  higher  academic  degree,  from  any  college  or 
university  of  the  first  class,  and  who  shall  have  taught  for  a  period 


A  Source  Book  of  the  University  of  Texas  441 

of  not  less  than  three  years  in  Texas,  may  receive  from  the  State 
Superintendent  of  Public  Instruction  a  permanent  State  certificate, 
which  shall  be  valid  anywhere  in  this  State  during  good  behavior. 
The  institutions  to  be  recognized  as  colleges  or  universities  of  the 
first  class  shall  be  determined  by  the  State  Superintendent  of  Public 
Instruction,  upon  the  recommendation  of  the  State  Board  of 
Examiners. 

Approved   April    15,    1905. 

TWENTY-NINTH    LEGISLATURE,    FIRST    CALLED    SES- 
SION, APRIL  15  TO  MAY  14,  1905 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.    B.    9. — By   Mr.    Murray. 

General  appropriation  bill. 

Died  on  Speaker's  table.      [S.  B.    4   passed.]      H.  J.   p.   360. 

May  4,   1905;   H.  J.  pp.   110-114 

Address  of  Hon.  E.  F.  Harris 

It  is  to  me  now  and  I  think  it  always  will  be  to  me  a  thought 
of  exceeding  satisfaction  that  in  this,  the  last  time  I  shall  ever 
address  the  House  of  Representatives  of  Texas,  I  am  permitted 
to  plead  the  cause  of  the  University  of  Texas.  Though  I  regret- 
fully admit  that  I  am  not  one  of  her  graduate  children,  yet  in 
other  climes  I  had  the  benefit  of  university  training,  and  my  as- 
sociations, with  the  President  of  the  University  of  Texas  and  with 
many  of  her  professors  and  more  of  her  students,  may  warrant 
my  taking  unusual  interest  in  her  welfare  and  upbuilding.  As  you 
will  pardon  me,  I  hope,  if  even  in  these  closing  hours  of  this  special 
session,  I  place  before  you  something  of  the  historical  importance 
of  the  institution  for  which  I  now  ask  legislative  aid  of  a  reason- 
ably generous  character.  In  1839  the  Republic  of  Texas  provided 
by  act  for  the  location  of  its  capital,  and  under  said  act  the  present 
site  of  the  University  was  dedicated  as  its  permanent  home.  Four- 
teen days  later  the  Congress  of  the  Republic  passed  an  act  setting 
apart  fifty  leagues  of  land  as  an  endowment  for  two  universities, 
historians  stating  that  one  of  these  was  intended  for  men  and  the 
other  for  women. 

In  the  then  wilderness  of  Texas,  encompassed  by  domestic  and 
foreign  foes,  driving  back  alike  the  Indian  and  the  Mexican,  busied 
with  maintaining  both  individual  and  national  life  against  conditions 
intensely  adverse,  President  Mirabeau  B.  Lamar,  with  the  courage  of 
the  warrior  and  the  vision  of  the  seer,  had  urged  upon  the  Congress 


442  University  of  Texas  Bulletin 

the  establshment  of  public  education  with  this  master  thought: 
"Cultivated  mind  is  the  guardian  genius  of  democracy;  it  is  the 
only  dictator  that  free  men  acknowledge  and  the  only  security 
that  free  men  desire." 


[Mr.  Harris  continues  with  an  eulogy  of  the  cultivated  mind,  and  with 
an  argument  showing  the  need  of  education  in  a  democracy.  "The  supreme 
expression  of  ;i  state's  effort  to  educate  itself  is  the  State  University," 
which  'had  lineal  descent  from  heroic  days."  "Colleges  founded  by  private 
benefactors  ....  simply  cannot  lie  the  centers  of  free  thought." 
"A  free  state  must  have  its  own  University."  ....  "It  cannot  go 
,  aid."  ....  "Nor  should  the  deficit  deter  us  from  making 
liberallj    just  appropriations "] 

S.   B.   4 — By  Mr.  Willacy. 
Appropriation  bill. 

[Refused  to   concur   in   House  amendments   and   gave   Main    $100,000    and 
$80,000,  Medical  $48,006.66  and  $48,006.66.] 

Became  a  law  as  F.  C.  C.     S.  B.  4.     S.  J.  p.  348;  H.  J.  p.  367. 
GENERAL  LAWS 
F.  O.  C.  S.  B.  4;   Ch.  9,  p.  442,   G.  12,  p.  1308 

An  Act  making  appropriations  for  the  support  of  the  State  Govern- 
ment for  two  years,  beginning  September  1,  1905,  and  ending 
August  31,  1907,  and  for  other  purposes. 

To  refund  to  purchasers  or  lessees  of 
public  domain,  public  school,  Univer- 
sity or  asylum  lands,  or  to  their  ven- 
dees or  assignees  the  money  paid  by 
them,  etc.  etc $25,000  $25,000 

The  University  of  Texas 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas,  in- 
cluding repairs,  extensions,  improve- 
ments, and  buildings  for  the  two  years 
beginning  September  1,  1905,  and  end- 
ing August  31,  1907,  all  the  available 
University  funds  including  interest 
from  its  bonds,  land  notes,  endow- 
ments and  donations,  income  from  its 
land  leases,  all  gifts  and  all  fees  col- 
lected, and  all  receipts  whatsoever  from 
any  source. 


A  Source  Book  of  tlic  University  of  Texas  443 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas  for  the 
two  years  beginning  September  1,  1905, 
and  ending  August   31,    1907    from  the 

general       revenue $81,250  $61,250 

Provided,  that  the  amounts  herein  appropriated  for  each  item 
as  stated  herein  and  no  more,  shall  be  paid  out  of  the  general 
revenue  for  the  University  of  Texas  during  the  fiscal  years  begin- 
ning September  1,  1905,  and  ending  August  31,  1907,  and  any 
surplus  shall  not  be  diverted  from  any  account  to  any  other  ac- 
count; and  provided  further,  that  no  deficiency  shall  be  created 
nor  shall  any  deficiency  warrants  be  issued,  nor  any  obligations 
be  incured  in  excess  of  the  amounts  herein  appropriated. 

Medical  Department  at  Galveston 

For  the  maintenance,  support,  and  direc- 
tion of  the  Medical  Branch  including 
repairs  and  improvements,  all  interest 
from  endowments  or  donations,  all  gifts 
and  all  fees  collected  from  students, 
and  all  receipts  whatsoever  from  any 
source,    and    in    addition    thereto    from 

the  General  Revenue $49,000  $49,000 

Provided  that  the  amounts  herein  appropriated  for  each  item  as 
stated  herein,  and  no  more  shall  be  paid  out  of  the  general  revenue 
for  the  Medical  Department  during  the  fiscal  years  beginning  Sep- 
tember 1,  1905,  and  ending  August  31,  1907,  and  any  surplus  shall 
not  be  diverted  from  any  account  to  any  other  account;  and  pro- 
vided further,  that  no  deficiency  shall  be  created  nor  shall  any 
warrants  be  issued  nor  obligations  incurred  in  excess  of  the  amounts 
herein  appropriated. 

[The  appropriations  for  A.  and  M.  College  are  subject  to  the  same  pro- 
viso     »>•■    in   Chapter    9*,   C.enoral    Laws.    Twenty-third    Legislature,    Ri 

SVssinn.  ] 

Approved  May  23,  1905. 

THIRTIETH  LEGISLATURE,  REGULAR  SESSION,  JANU- 
ARY 8  TO  APRIL  12,  1907 

MESSAGE  OF  GOVERNOR  S.  W.  T.  LANHAM 

January  16,  1007;  H.  J.  pp.  25-20;   S.  J.  pp.  21-22 

The  methods  of  Instruction  in  our  schools  have  been  greatly 
improved  and  the  entire  system  of  teaching  is  characterized  by  the 
spirit  of  progress.      The   number  of  high   grade  certificates   issued 


44:4  University  of  Texas  Bulletin 

is  increasing  to  a  marked  extent,  while  that  of  lower  grades  is  de- 
creasing. From  the  primary  school  to  the  State  University,  the 
cause  of  education  is  being  promoted  to  a  degree  and  crowned  with 
a  success  never  before  witnessed  in  the  history  of  the  State.  The 
attendance  at  the  normals,  the  Agricultural  and  Mechanical  College, 
the  Girls'  Industrial  College  and  the  University  is  larger  than  it 
has  ever  been,  and  to  such  an  extent  that  in  some  instances  it  has 
been  difficult,  if  not  impossible,  to  fully  accomodate  the  con- 
stantly increasing  number  of  applicants  for  admission  into  these 
splendid  institutons  of  learning.  It  will  be  found  necessary  to  en- 
large the  capacity  of  some,  if  not  all  of  them,  in  order  to  meet  the 
growing  demands  for  supplying  the  necessary  opportunities,  com- 
forts and  facilities  for  the  worthy  and  ambitious  youths  of  our 
State  who  aspire  to  attain  the  educational  excellence  which  through 
our  own  schools  can  be  acquired  in  as  high  degree  as  can  be  else- 
where secured.  The  disposition  to  be  educated  at  home  is  con- 
stantly growing  among  our  young  people,  and  suitable  -encourage- 
ment in  this  direction  should  not  be  withheld.  Diplomas  from  the 
University  and  colleges  of  Texas  carry  with  them  very  high  and 
creditable  certifications  of  literary,  professional  and  scientific  at- 
tainment, equal  to  most  and  surpassing  many  of  those  of  similar 
grades  in  other  States  of  the  Union.  I  quote  the  following  state- 
ment from  our  Superintendent  of  Public  Instruction:  "During  the 
year  ending  August  31,  1906,  the  State  University  and  its  branches, 
the  State  normal  schools  and  the  School  of  Industrial  Arts  record 
their  greatest  attendance  and  prosperity.  The  fact  that  there  were 
2,000  more  students  enrolled  in  the  State  institutions  of  higher 
learning  during  the  past  year  than  in  previous  years  is  evidence  of 
the  general  acceptability  of  these  schools  to  the  people  of  Texas. 
This  increased  attendance  indicates  further  that  a  greater  per 
centage  of  our  people  is  receiving  higher  education  than  ever  pre- 
viously received  it. 

The  President  of  the  University  of  Texas  advises  me  that  "The 
University  is  endeavoring  to  promote  education  of  all  grades  in  the 
State  in  every  possible  way.  It  seeks  to  sustain  friendly  and  help- 
ful relations  towards  all  private  institutions  as  well  as  towards  all 
parts  of  the  State  system.  It  is  especially  interested  in  seeking  to 
assist  in  upbuilding  the  public  school  system  in  the  rural  districts 
as  well  as  in  the  towns  and  cities.  It  keeps  in  close  contact  with 
the  high  schools.  Rapid  progress  is  being  made  by  the  schools  of 
the  State.  This  is  shown  by  the  fact  that  they  are  able  to  secure 
affiliation  with  the  University.  During  the  last  four  years  the  num- 
ber of  affiliated  schools  has  increased  from  97  to  124.  With  a 
view  to  further  assisting  the  cause  of  education  in  the  State,  the 
University  has  for  some  years  maintained  a  summer  session.  This 
is  intended  in  a  considerable  measure  for  teachers  who  have  not  had 


A  Source  Book  of  flu  University  of  Texas  445 

an  opportunity  of  attending  a  university  during  the  session.  The 
number  of  students  taking  advantage  of  the  privileges  of  the  sum- 
mer session  has  increased  since  1902-03  from  262  to  601.  The 
University  each  year  extends  its  facilities  to  a  larger  number  of 
young  men  and  young  women  of  Texas.  The  total  registration  four 
years  ago  was  1291;  during  the  session  which  closed  in  June,  1905, 
it  was  in  all  departments  1991,  a  gain  of  700  students.  There  is 
a  total  enrollment  for  the  present  session  of  more  than  2250. 

MESSAGE  OF  GOVERNOR  T.  M.  CAMPBELL 

January   16,    1907;    H.   J.   p.    124;    S.   J.   p.    77 

Anticipating  your  favorable  action  and  a  commendable  desire 
to,  accomodate  yourselves  to  a  popular  will  in  all  things  pursuant 
to  the  unmistakable  demands  of  the  Constitution,  and  to  the  end 
that  all  available  information  on  the  subject  of  public  education 
may  be  utilized  by  your  honorable  bodies,  your  attention  is  called 
to  the  very  comprehensive,  interesting  and  instructive  reports  of 
the  Superintendent  of  Public  Instruction,  of  the  Regents  of  the 
State  University,  and  of  the  Boards  of  Managers  of  the  State's 
several  educational  institutions.  These  reports  will  prove  profita- 
ble to  those  interested  in  the  promotion  and  development  of  our 
system  of  public  education. 

The  importance  of  agricultural  and  industrial  training  can  not 
be  denied,  and  having  this  in  view,  and  also  the  wisdom  of  more 
liberal  education  of  the  people  and  of  liberal  support  to  the  com- 
mon schools,  the  State  University  and  all  other  institutions  within 
our  system  of  public  education,  the  people  through  their  last  con- 
vention said  "that  there  be  provided  adequate  agricultural  equip- 
ment and  teaching  force  for  the  State  normal  colleges,  the  College 
of  Industrial  Arts  for  Girls  and  the  Agricultural  and  Mechanical 
College;  and  that  the  industrial  thought  in  the  schools  be  encour- 
aged by  teaching  the  elements  of  agriculture  and  the  industrial  arts; 
that  the  Agricultural  and  Mechanical  College,  the  College  of  In- 
dustrial Arts  for  Girls,  and  the  State  normal  colleges  be  authorized 
to  grant  diplomas  having  the  force  of  State  teacher's  certificates  to 
all  who  complete  the  necessary  course  as  graduates  in  the  Industrial 
branches;  we  recommend  that  liberal  support  be  provided  for  the 
Agricultural  and  Mechanical  College  experiment  stations,  the  Far- 
mers' Institute,  the  College  of  Industrial  Arts  for  Girls  and  (he 
Texas  State  University  for  the  teaching  and  training  of  our  youths, 
and  the  more  liberal  education  of  our  citizenship."  A  progressive 
citizenship  will  applaud  your  adoption  of  these  policies  and  the  fur- 
ther you  go  in  their  enforcement  the  greater  will  be  your  Bervice 
to  the  people. 


146  University  of  Texas  Bulletin 

PROCEEDINGS  IX  THE  LEGISLATURE 

H.  B.   117 — By  Mr.  O'Neal. 

Appropriation  bill.  Main  University,  salaries  $86,625  each  year; 
general  expenditures  $19,125  each  year;  schools  and  laboratories, 
$6,750  each  year;  total,  $112,500  each  year;  Medical  Department, 
$58,750  each  year.      (See  S.  B.  39.) 

Died  on  Speaker's  table.     H.  J.  p.  1703. 
H.  B.  565 — By  Mr.  Maclnerney,  et  al. 

To  fix  the  term  of  office  of  all  appointees  of  the  Governor. 

Favorably  reported.     Died  on  Speaker's  table.     H.  J.  p.  1719. 
H.  B.  741 — By  Mr.  Thomas  of  Tyler,  et  al. 

To  provide  an  ad  valorem  tax  of  one  cent  on  the  $100  for  the 
support  of  the  University. 

Died  in  Committee,     H.  J.  p.  1729.  # 

S.  B.  39 — By  Mr.  Willacy. 

Appropriation  bill. 

•07-'08  *08-'09 

Main  University $       105,500      $       105,500 

Medical 50,000  50,000 

Med.  Lab 40,000 


Totals $       195,500      $       155,000 

Became  a  law.     F.  C.  C.  S.   B.   39.      S.  J.  pp.   1273,   1274,   1365; 
H.  J.  p.  1767. 
S.  B.  56 — By  Mr.  Masterson. 

To  promote  medical  science  by  providing  for  the  proper  use  of 
unclaimed  bodies  through  a  medical  board. 

Died  on  calendar.     S.  J.  p.  1367. 
S.  C.  R.  19 — By  Mr.  Cunningham. 

To  authorize  the  return  of  certain  money  paid  erroneously  into 
the  State  Treasury  for  University  fund  by  a  purchaser  of  Univer- 
sity land.      (J.  I.  Holland  paid  in  $1191.25  too  soon.) 

Failed.     S.  J.  p.  1419;  H.  J.  p.  1773 

GENERAL  LAWS 

F.   C.    C.    S.   for   S.   B.   39;    Ch.    187,   p.   368 

An  Act  making  appropriations  for  the  support  of  the  State  Gov- 
ernment for  two  years,  beginning  September  1,  1907,  and  ending 
August  31,  1909,  and  for  other  purposes,  and  prescribing  certain 
regulations  and  restrictions  in  respect  thereto  and  declaring  an 
emergency. 


.  A  Source  Book  of  tin   University  of  Texas  447 

The  University  of  Texas 

/ 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas,  includ- 
ing repairs,  extensions,  improvements 
and  buildings  for  the  two  years  begin- 
ning September  1,  1907,  and  ending 
August  31,  1909,  all  the  available  Uni- 
versity funds,  including  interest  from 
its  bonds,  land  notes,  endowments  and 
donations,  income  from  its  land  leases, 
all  gifts  and  all  fees  collected,  and  all 
receipts    whatsoever    from    any    source. 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas,  for  the 
two  years  beginning  September  1, 
1907,  and  ending  August  31,  1909, 
from    the    general    reveimie $105,000.00      $105,000.00 

To  be  used  by  the  faculty  of  the  Law 
Department  for  paying  expense  account 
of  law  lectures  before  either  the  Junior 
or  Senior  class  of  the  law  students,  to 
be  expended  in  two  years 500.00 


Total.    .    .    $105,500.00      $105,000.00 

Provided,  that  the  amounts  herein  appropriated  for  each  item 
as  stated  herein,  and  no  more,  shall  be  paid  out  of  the  general 
revenue  for  the  University  of  Texas  during  the  fiscal  years  begin- 
ning September  1,  1907,  and  -ending  August  31,  1909,  and  any 
surplus  shall  not  be  diverted  from  any  account  to  any  other  ac- 
count: and  provided  further,  that  no  deficiency  shall  be  created, 
nor  shall  any  warrants  be  issued  nor  any  obligations  be  incurred  In 
excess  of  the  amounts  herein  appropriated. 

Medical  Department  at  Galveston 

For  the  maintenance,  support  and  direc- 
tion of  the  Medical  Branch,  including 
repairs  and  improvements  and  equip- 
ment, all  interest  from  endowments  or 
donations,  all  gifts  and  all  fees  collected 
from  students  and  all  receipts  what- 
soever from  any  cource,  and  in  ad- 
dition thereto,  from  the  general 
revenue $   50,000.00      $    50,000.00 


lis  University  of  Texjas  Bulletin 

To  erect,   complete   and   equip   new   labor- 
atory  $    40,000.00 


Total $    90,000.00      $    50,000.00 

Provided,  etc.  [as  above,  "Medical  Department"  replacing  "Uni- 
versity of  Texas."] 

[The  appropriations  for  Hie  A.  and  M.  College  are  subject  to  tine  same 
proviso  as  in  Chapter  98,  General  Laws,  Twenty-third  Legislature,  Regular 

Session.  I 

Approved  May  2,  1907,   [subject  to  the  following  veto.] 

Executive   Veto  of  T.   M.   Campbell,   May  2,    1907,   Attached  to  the 
Enrolled  Bill  in  the  Office  of  the  Secretary  of  State 

1  herewith  beg  to  transmit  for  file  in  your  office.  Free  Conference 
Committee  Substitute  for  Senate  Bill  Number  39,  entitled  "An 
Act  to  make  appropriations  for  the  support  of  the  State  government 
for  two  years  beginning  September  lstf  1907,  and  ending  August 
31st,  1909,  and  for  other  purpose  and  prescribing  certain  regulations 
and  restrictions  in  respect  thereto,  and  declaring  an  emergency", 
duly  signed  and  approved,  save  and  except  the  items  of  appropria- 
tion enumerated  in  this  statement  to  which  I  object  for  the  rea- 
sons hereafter  indicated: 

1st.  The  item  of  $40,000.00  to  erect,  complete  and  equip  a  new 
laboratory  for  the  Medical  Department  of  the  State  University  is 
disapproved  on  account  of  that  provision  in  Section  14,  Article 
7,  of  the  State  Constitution,  which  is  as  follows: 

"No  tax  shall  be  levied  and  no  money  appropriated  out  of  the 
general  revenue  ....  for  the  establishment  and  erection  of 
the  buildings  of  the  University  of  Texas."  Buildings  for  the  Uni- 
versity and  its  departments  can  be  provided  for  from  the  available 
University  fund,  but  general  revenue  can  not  be  used  for  that  pur- 
pose as  is  proposed  by  this  item. 

2nd.  [Veto  of  $15,000  for  printing  Appellate  Court  reports  al- 
ready covered  by  S.   B.    214.] 

THIRTY-FIRST  LEGISLATURE,  REGULAR  SESSION, 
JANUARY  12  TO  MARCH  13,  1909. 

MESSAGE  OF  GOVERNOR  T.  M.  CAMPBELL. 

January   14,   1909;   H.  J.  p.  42;    S.  J.  pp.  27-28 

Progress  along  educational  lines  in  school  development  during 
the  last  two  years  from  the  country  school  to  the  State  University 
is  as  interesting  as  it  is  gratifying.     The  question  of  education  has 


A  Source  Book  of  tlie  University  of  Texas  44!' 

a  firm  hold  upon  our  people,  and  the  educational  spirit  is  mani- 
festing itself  at  this  time  as  never  before.  The  enrollment  of 
children  within  the  scholastic  age  numbered  694,708  in  1906;  869,- 
864  in  1907,  and  941,053  in  1908.  The  attendance  at  all  of  the 
State  School  institutions  has  shown  a  marked  increase.  The  Texas 
School  for  the  Blind,  the  Texas  School  for  the  Deaf,  the  Colored 
Deaf,  Dumb  and  Blind,  and  the  three  State  Normals,  the  Agricul- 
tural and  Mechanical  College,  the  Prairie  View  Normal,  the  Col- 
lege of  Industrial  Arts  for  Girls,  and  the  State  University,  not- 
withstanding the  facilities  added  during  the  last  two  years,  are  not 
able  to  accomodate  the  increasing  number  of  applicants  for  ad- 
mission, and  the  usefulness  and  development  of  these  institutions 
should  progress  as  rapidly  as  the  State's  revenue  will  justify.  It 
is  here  suggested  that  it  would  be  far  better  for  the  State,  and  much 
more  advantageous  to  our  educational  scheme  to  round  off  and 
thoroughly  equip  these  institutions  for  the  accomplishment  of  their 
respective  missions  before  we  undertake  other  schools  and  schemes 
which,  along  with  those  we  already  have,  must  necessarily  lan- 
guish in  the  future  for  want  of  available  funds  for  their  proper 
equipment,  maintenance,  and  development.  For  detailed  informa- 
tion respecting  our  great  school  system,  and  the  appropriations, 
achievements,  and  necessities  of  our  State  University,  and  other 
educational  institutions,  you  are  respectfully  referred  to  the  most 
Interesting  and  comprehensive  report  of  the  State  Superintendent 
of  Public  Instruction,  and  also  to  the  official  reports  of  the  Board 
of  Managers  of  these  respective  institutions.  These  reports  will 
accompany  this  message,  and  will  be  furnished  to  members  of  the 
Legislature  upon  application,  and  on  account  of  their  value  and 
importance,  and  the  deep  interest  that  we  must  all  feel  in  these 
schools,  I  commend  them  to   your  thoughtful   consideration. 

To  meet  the  growing  needs  of  these  State  institutions  and  to 
properly  maintain  them  by  adequate  appropriations  is  a  duty  de- 
volving upon  this  Legislature. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  178 — By  Mr.  Mason,  et  al. 

To  prevent  the  sale  of  intoxicating  liquors  within  10  miles  of 
an  institution  of  learning. 

Died  in  Committee.     H.  J.  p.  1306. 
H.  B.   265 — By  Mr.  Smith. 

To  grant  the  holder  of  a  B.  A.,  B.  S.,  B.  Lit.  or  other  higher  de- 
grees from  first  class  colleges  a  first  grade  State  Teachers'  Certificate 
and  after  three  consecutive  years  teaching,  a  permanent  first  grade 
teachers'  certificate. 

29—227 


450  University  of  Texas  Bulletin 

Adversely  reported.     H.  J.  p.  1312. 
H.  B.  270 — By  Mr.  Terrell  of  Cherokee. 

To  provide  for  the  teaching  of  agriculture,  manual  training  and 
domestic  science  in  the  State  Normal  schools  and  educational  in- 
stitutions. 

Became  a  law.     H.  J.  p.   1311;   S.  J.  p.  1572. 
H.  B.  296 — By  Mr.  Graham  et  al. 

To  amend  the  law  defining  and  regulating  the  practice  of  medi- 
cine so  as  to  exempt  graduates  of  the  Medical  Department  from 
appearing  before  the  Medical  Board. 

Adversely  reported.     H.  J.  p.  1372. 
H.  B.   299 — By  Mr.  Graham,  et  al. 

To  exempt  graduates  of  the  State  Medical  College  from  appear- 
ing before  the  State  Board  of  Pharmacy 

Favorably  reported.     Died  on  Speaker's  table.     H.  J.  p.  1313. 
H.  B.  375 — By  Mr.  Moller,  et  al. 

To  create  a  special  fund  for  the  erection,  repair  and  equipment 
of  buildings  at  the  State  Medical  College  out  of  anti-trust  fines. 

Adversely  reported.     H.  J.  p.   1316. 
H.  B.  376 — By  Mr.  Turney. 

To  provide  for  prospecting  for  minerals  on  lands  owned  by  the 
State. 

Favorably  reported.     Died  on  Speaker's  table.     H.  J.  p.  1316. 
H.    B.    4  63 — By   Mr.    Standifer. 

To  amend  the  law  relating  to  the  endowment  funds  of  educational 
Institutions. 

Died  in  Committee.     H.  J.  p.  1320. 
H.  B.  553 — By  Mr.  Moller,  et  al. 

To  create  a  special  building  fund  for  the  State  Medical  Colleg*. 

Favorably  reported.     Died  on  Speaker's  table.     H.  J.  p.  1326. 
H.  B.  574 — By  Mr.  Robertson  of  Bell. 

To  provide  for  a  State  light,  power  and  water  works  system 
for  the  State  institutions  at  Austin. 

Favorably  reported.     Died  on  Speaker's  table.     H.  J.  p.  1327. 
S.  B.  79 — By  Mr.  Willacy. 

General  appropriation  bill. 

Died  in  Committee.      S.   J.   p.   1511. 
S.  B.  126 — By  Mr.  Cofer. 

To  establish  a  chair  of  homeopathic  materia  medica  and  thera- 
peutics in  the  Medical  Department. 

Died  in  House.     S.  J.  p.  1518;  H.  J.  p.  1339. 
S.  B.  179 — By  Mr.  Masterson. 

To  create  a.  special  fund  for  the  erection,  repair  and  equipment 
of  buildings  at  the  Medical  Branch 

Died  in  House.     S.  J.  p.  1526;   H.  J.  p.  1340. 
S.  B.   191 — By  Mr.  Hudspeth. 


A  Source  Book  of  the  University  of  Texas  451 

To  provide  for  the  prospecting  and  sale  of  mineral  lands  and  of 
mineral  rights  on   State  land 

Passed    (Democratic   platform,    Section    8,    p.    70;    S.    J.    San    An- 
tonio.)     S.  J.  p.  1527;   H.  J.  p.  1340.     Vetoed. 
S.   B.   289 — By  Mr.   Hudspeth. 

To  provide  for  a  system  of  electric  power,  electric  lights  and 
water  works  for  the  purpose  of  supplying  electric  power,  lights 
and  water  to  the  State  institutions. 

Died  in  House.     S.  J.  p.  1543;  H.  J.  p.  1343. 

January   18,    1909;    S.   J.   pp.   09-71 

[Quotes  the  Democratic  State  platform  of  1908.  The  educational 
plank,  Section  8  is  on  page  7  0.] 

February  2,  1909;   S.  J.  p.  1033 

Petition  from  the  Students'  Council  of  the  Medical  Department 
asking  that  graduates  of  that  Department  he  exempt  from  exam- 
ination. 

February  10,  1909;   S.  J.  pp.  315,  310 

Four  petitions  were  presented  asking  for  a  chair  of  Homeopathic 
Therapeutics. 

Senator  Hudspeth  presented  a  petition  in  favor  of  S.  B.  126, 
signed  by  1751  citizens  of  El  Paso. 

Senator  Cofer  offered  a  protest  against  S.  B.  269   [H.  B.  296?]. 

February  10,  1909;  H.  J.  pp.  347-348,  1357,   1410 

RESOLUTION  RELATIVE  TO  THE  CARNEGIE  TEACHERS'  FUND 

Mr.  Robertson  of  Travis,  by  unanimous  consent,  offered  the  fol- 
lowing resolution: 

Resolved:  by  the  House  of  Representatives,  That  the  following 
resolution,  passed  by  the  Board  of  Regents  of  the  University  of 
Texas,  on  January  19,  1909,  be  approved: 

"Perceiving  the  far-reaching  service  of  the  'Carnegie  Foundation 
for  the  Advancement  of  Teaching'  in  increasing  the  dignity  of  the 
teacher's  office,  in  protecting  the  old  age  of  unselfish  public  servants 
and  assuring  them  that  their  wives  will  be  provided  for  even  after 
their  death,  and  in  increasing  the  efficiency  and  promoting  the  ele- 
vation of  the  standards  of  American  colleges  and  universities,  the 
Regents  of  the  University  of  Texas  make  application  for  the  ad- 
mission of  the  University  of  Texas  into  all  the  rights  and  privileges 
of  this  Foundation." 

The  resolution  was  read  second  time,  and  adopted. 


452  University  of  Texas  Bulletin 

l  ebroary  15,  1009;  S.  J.  pp.  852,  354 

Senator  Hume  offered  the  following  simple  resolution: 

Resolved  by  the  Senate,  That  the  following  resolution  by  the  Board 
of  Regents  of  the  University  of  Texas  be  approved: 

The  resolution  was  read   [as  just  printed  above]. 

Senator  Terrell  of  Bowie  offered  the  following  amendment  to  the 
resolution: 

Amend  the  resolution  by  adding  thereto  the  following:  "Pro- 
vided, no  teacher  shall  ever  receive  any  benefit  from  this  fund  until 
he  has  made  affidavit  before  some  officer  authorized  to  administer 
oaths  that  he  has  never  mentioned  Carnegie's  name  in  the  class  room 
or  to  any  student  since  the  passage  of  this  resolution,  and  that 
Carnegie's  picture  has  never  been  hung  upon  the  walls  of  any  school 
in  which  he  has  taught  since  the  passage  of  this  resolution." 

Action  recurred  on  the  Simple  Resolution  by  Senator  Hume,  the 
question  being  on  the  amendment  by  Senator  Terrill,  and  the  amend- 
ment was  tabled  by  a  vote  of  22  to  6. 

February  16,  1909.      S.  J.  pp.  367,  1554 

Action  recurred  on  the  simple  resolution  by  Senator  Hume. 

Senator  Sturgeon  moved  the  previous  question  on  the  resolution, 
which  motion  was  seconded  and  adopted  by  a  vote  of  20  to  6. 

[Approved  by  Governor  O.  B.  Colquitt,  Feb.  27,  1911,  on  a  letter  from 
Chairman  T.  S.  Henderson  to  President  Henry  S.  Pritchett,  dated  Jan.  20, 
1909.     See  p.   462.] 

GENERAL    LAWS 
H.    B.    270.    Ch.    113,   p.    221 

An  Act  to  provide  for  the  teaching  of  agriculture,  manual  train- 
ing and  domestic  science  in  the  State  Normal  schools  at  Hunts- 
ville,  Denton,  and  San  Marcos,  and  in  such  other  normal  schools 
for  white  teachers  as  may  be  hereafter  established  by  law,  and 
of  agriculture,  including  such  courses  in  manual  training,  and 
domestic  economy  as  are  subsidiary  to  agriculture,  in  public  high 
schools  which  shall  meet  certain  prescribed  conditions;  and  of 
elementary  agriculture  for  teachers  in  the  summer  sessions  of 
the  State  Normal  schools  at  Huntsville,  Denton  and  San  Marcos, 
of  the  Agricultural  and  Mechanical  College  at  Bryan,  of  the  Col- 
lege of  Industrial  Arts  for  Girls  at  Denton,  and  of  the  State  Uni- 
versity at  Austin,  and  give  the  State  Board  of  Education  author- 
ity to  fix  salaries  and  wages  of  principals,  presidents,  teachers 
and  other  employees  at  the  State  Normal  schools,  and  making 
an  appropriation  therefor,  and  declaring  an  emergency. 
Skc.    3.     That    the    State    Board    of    Education    shall    require    the 

teaching  of  elementary  agriculture  for  teachers  in  the  summer  ses- 


A  Source  Book  of  the  University  of  Texas  453 

sions  of  the  State  Normal  schools  at  Huntsvllle,  Denton  and  San 
Marcos,  and  that  the  Boards  of  Directors  of  the  Agricultural  and 
Mechanical  College  at  Bryan,  of  the  College  of  Industrial  Arts  for 
Girls  at  Denton,  and  of  the  State  University  at  Aupstin,  shall  re- 
quire the  teaching  of  elementary  agriculture  for  teachers  in  the 
summer  sessions  of  these  several  institutions. 

Sec.  4.  That  the  sum  of  three  thousand  dollars  ($3,000.00)  is 
hereby  appropriated  out  of  any  money  in  the  State  Treasury  not 
otherwise  appropriated 'for  the  year  ending  August  31,  1910,  and 
three  thousand  dollars  ($3,000.00)  for  the  year  ending  August  31, 
1911,  to  be  divided  equally  among  the  State  Normal  School  at 
Hunsville,  the  State  Normal  school  at  San  Marcos,  and  the  State 
Normal  school  at  Denton,  the  State  Agricultural  and  Mechanical 
College  at  Bryan,  the  College  of  Industrial  Arts  for  Girls  at  Denton, 
and  the  State  University  at  Austin  for  the  purpose  of  installing  and 
maintaining  the  summer  courses  in  elementary  agriculture  for 
teachers  provided  for  in  Section  3  of  this  Act. 

Approved  March  25,  1909. 

THIRTY-FIRST  LEGISLATURE,  FIRST  CALLED  SESSION, 
MARCH  13  TO  APRIL  11,  1909 

MESSAGE  OP  GOVERNOR  T.  M.  CAMPBELL 

March  19,  1909.     H.  J.  pp.  29-tfO;   S.  J.  p.  21 

10.  The  enactment  of  laws  to  provide  a  system  of  electric  power 
and  lights  and  waterworks  for  the  purpose  of  supplying  electrie 
power,  electric  lighting  and  water  to  the  State  Capitol,  the  General 
Land  Office,  the  Governor's  Mansion,  the  State  University,  and  tho 
various  public  institutions  of  the  State  by  the  construction  of  the 
State's  own  plant  or  plants,  or  to  contract  for  such  electric  power, 
elecric  lighting  and  water. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.   B.  60 — By  Mr.  Robertson  of  Bell. 

To  provide  a  light,  water  and  power  system  for  the  State  insti- 
tutions  at   Austin. 

Died  on  Speaker's  table.     H.  J.  p.  465. 
S.  B.  23 — By  Mr.  Hudspeth. 

To  provide  for  electric  power,  lights  and  water  works  for  the 
purpose  of  supplying  electric  power,  etc.,  at  public  institutions. 

Became  a  law.     S.  J.  p.  391;   H.  J.  p.  501. 


4f>4  I ' ni versify  of  Texas  Bulletin 

GENERAL    LAWS 

S..B.  23;    Ch.  8,   pp.   275-278 

An   Act   to   provide  a  system   of   electric   power,    electric  lights   and 
water  works  for  the  purpose  of  supplying  electric  power,  electric 
light  and  water  to   the  State  Capitol,   the   General   Land   Office, 
Governor's   Mansion,   State  University  and  the  various  public  in- 
stitutions of  the  State  of  Texas  in  the  City  of  Austin  and  adja- 
cent thereto;    to   create   a   board   with   authority  to   construct   or 
have  constructed  or  purchase  and  put  in  operation  the  necessary 
property,      machinery     and     plant    for  such   purpose,  and    with 
authority  to   lay  mains   and   pipes  and  to  erect  poles  and   place 
wires   across   and   along   streets   and   alleys,   public   grounds   and 
public  highways  in  the  City  of  Austin  and  public  roads  adjacent 
thereto,    and    to    secure   from   the   owners,    by   purchase   or   con- 
demnation proceedings  if  necessary,  the  right  to  lay  such  mains 
and  pipes  and  erect  such  poles  and  place  such  wires  across  private 
lands;  to  provide  for  the  operation  of  such  plant,  to  make  an  ap- 
propriation therefor,  and  to  declare  an  emergency. 
Section  1.     That    a    board    to    consist    of  the  Governor,  the  Attor- 
ney General  and  Comptroller  of  Public  Accounts  is  hereby  created 
to  be  known  and  designated  as  Water  and  Light  Board,  of  which 
the  Governor  shall  be  the  chairman,  and  a  majority  of  which  board 
will  constitute  a  quorum  for  the  transaction  of  business;    and  said 
board    is   hereby   authorized    to    provide   a    system   of   water   works, 
electric  light  and  power  for  the  purpose  of  supplying  with  power, 
light   and    water   the    State    Capitol,    the   General   Land    office,    the 
Governor's  Mansion,  State  University,  and  the  various  public  insti- 
tutions of  the  State  of  Texas  in  the  City  cf  Austin  and  adjacent 
thereto;    provided,   said  board  shall  have  authority  to  confer  with 
the    water    and    light    corporation    heretofore    and    now    furnishing 
water   and   light  for  the   several   State   institutions   in   the   City   of 
Austin  and  adajcent  thereto,  with  a  view  to  making  a  contract  for 
water  and  light  for  a  period  of  not  less  than  two  nor  more  than 
four  years,  and  if  a  contract  satisfactory  to  said  board  can  be  made 
with   such   corporation   for   water   and   light   for   said   period,   at   a 
rate  satisfactory  to   said  board,   then  such  contract   shall   be  made 
and  no  new  plant  constructed. 

[A  satisfactory  contract   was   made  and   no   new  plant   was   constructed. 
Sections  2  to  10  of  the  law  are  therefore  omitted.] 

Approved   April    8,    1909. 


A  Source  Book  of  the  University  of  Texas  455 

THIRTY-FIRST  LEGISLATURE,   SECOND   CALLED 
SESSION,  APRIL  12  TO  MAY  11,  1909 

PROCEEDINGS  IX   THE  LEGISLATURE 

H.  B.  17 — By  Mr.  Harman. 

To  amend  law  relating  to  teachers'  certificates. 

Became  a  law.  H.  J.  p.  4  53;  S.  J.  p.  413. 
H.  B.18 — By  Mr.  Crockett  ot  Washington. 

Appropriation  bill.  Main  University  $240,000  each  year;  Medical 
Department  $55,000  each  year. 

Became  a  law.     H.  J.  p.  4  53;  S.  J.  p.  414. 
H.    B.    27 — By    Mr.    Smith 

To  amend  the  law  so  as  to  grant  to  the  holders  of  certain  diplomas 
State  teachers'  certificates  of  the  first  grade. 

Died  in  Committee.     H.  J.  p.   454 

GENERAL  LAWS 

H.  B.  17,  Ch.  7,  p.  304 

An  Act  to  amend  Sections  122,  123  and  124  of  Chapter  124  of  the 

Acts    of    the    Regular    Session    of   the    Twenty-ninth    Legislature, 

relating  to  teacher's  certificates,  and  declaring  an  emergency. 

Section   1.     That    Sections     122,   123  and    124     of    Chapter    124     of 

the  Acts  of  the  Regular  Session  of  the  Twenty-ninth  Legislature  be 

amended  so  as  to  read  hereafter  as  follows: 

Section  122.  Teacher's  diplomas  conferred  by  the  University  of 
Texas  upon  students  who  have  satisfactorily  completed  at  least 
four  full  courses  in  the  department  of  education  in  said  University, 
and  who  have  satisfied  the  requirements  for  the  degree  of  bachelor 
of  arts,  shall  have  the  force  and  effect  of  the  permanent  State 
certificates.  Teacher's  certificates  granted  by  the  University  of 
Texas  to  students  who  have  satisfactorily  completed  four  full 
courses  in  the  college  of  arts  and  one  full  course  in  the  department 
of  education  in  said  University,  shall  have  the  force  and  effect  of 
first  grade  State  certificates,  and  said  certificates  shall  each  be 
valid  for  a  perod  of  two  years. 

The  State  Superintendent  of  Public  Instruction  may  grant  first 
grade  State  certificates  to  students  who  have  satifactorily  completed 
four  full  academic  courses  and  one  full  course  in  education  and  peda- 
gogy in  any  institution  ranked  as  first  class  by  the  State  Superin- 
tendent of  Public  Instruction,  upon  the  recommendation  of  the 
State  Board  of  Examiners,  and  each  certificate  so  issued  shall  be 
valid  for  a  period  of  two  years. 


456  University  of  Texas  Bulletin 

Section  123.  Any  person  who  holds  a  diploma  conferring  on  him 
the  degree  of  bachelor  of  arts,  or  any  equivalent  bachelor's  degree, 
or  any  higher  academic  degree  from  any  college  or  university  of 
the  first  class,  and  who  has  completed  five  full  courses  in  education 
and  pedagogy,  may  receive  from  the  State  Superintendent  of  Publ'c 
Instruction  a  permanent  State  certificate,  which  shall  be  valid  any- 
where in  this  State  during  good  behavior;  provided  that  any  person 
who  holds  a  diploma  conferring  on  him  the  degree  of  bachelor  of 
arts,  or  any  equivalent  bachelor's  degree,  or  any  higher  academic 
degree,  from  any  college  or  university  of  the  first  class,  who  has 
not  had  four  full  courses  in  education,  but  who  has  taught  three 
years  in  the  State,  may  receive  from  the  State  Superintendent  of 
Public  Instruction  a  permanent  State  certificate,  which  shall  be  valid 
anywhere  in  this  State  during  good  behavior.  The  institutions  to 
be  recognized  as  colleges  or  universities  of  the  first  class  shall  be 
determined  by  the  State  Superintendent  of  Public  Instruction  upon 
the  recommendation  of  the  State  Board  of  Examiners 


Approved  May   6,   1909. 

H.   B.   18,   Ch.  38,    p.   482 

An  Act  making  appropriations  for  the  support  of  the  State  Gov- 
ernment for  two  years,  beginning  September  1,  1909,  and  end- 
ing August  31,  1911,  and  for  other  purposes,  prescribing  cer- 
tain regulations  and  restrictions  in  respect  thereto;  to  make 
additional  appropriations  for  the  support  of  the  State  govern- 
ment for  the  year  ending  August  31,  1909,  and  to  pay  various 
miscellaneous  claims  against  the  State,  and  authorizing  the  pay- 
ment of  said  miscellaneous  items  upon  the  taking  effect  of  this 
Act,  and  declaring  an  emergency. 

The  University  of  Texas 

For  the  mainenance,  support  and  direc- 
tion of  the  University  of  Texas,  includ- 
ing repairs,  extensions,  improvements, 
and  buildings  for  the  years  beginning 
September  1,  1909,  and  ending  Aug- 
ust 31,  1911,  all  the  available  Univer- 
sity funds,  including  interest  from  its 
bonds,  land  notes,  endowments  and 
donations,  all  gifts  ana  fees  collected, 
and  all  receipts  whatsoever  from  any 
source. 


A  Source  Book  of  the  University  of  Texas  457 

For  the  maintenance,  support,  and  direc- 
tion of  the  University  of  Texas  for  the 
two  years  beginning  September  1,  1909, 
and  ending  August  31,  1911,  from  the 
general  revenue *$240,000.00    *$240,000.00 

Provided,  that  the  above  appropriation  out  of  the  general  re- 
venues for  the  support  and  maintenance  of  this  institution  is  made 
upon  the  expressed  condition  that  the  Board  of  Regents  of  the 
University  of  Texas  shall  use  a  sufficient  amount  of  the  available 
funds  of  the  University  for  the  purpose  of  building  a  heating  plant 
and  a  library  building  and  may  erect  a  chemical  laboratory  building 
at  Galveston  and  to  make  such  repairs  for  the  Medical  Department 
at  Galveston  as  the  Board  of  Regents  may  deem  proper  and  nec- 
essary. 

Provided,  that  the  amounts  herein  appropriated  for  each  item 
as  stated  herein,  and  no  more,  shall  be  paid  out  of  the  general 
revenue  for  the  University  of  Texas  during  the  fiscal  years  begin- 
ning September  1,  1909  and  ending  August  31,  1911,  and  no  sur- 
plus shall  be  diverted  from  one  account  to  another  account;  and 
provided  further,  that  no  deficiency  shall  be  created,  nor  shall  any 
warrants  be  issued,  nor  obligations  incurred  in  excels  of  the 
amounts  herein  appropriated. 

Medical  Department  at  G-ilveston 

For  the  maintenance,  support  and  direc- 
tion of  the  medical  branch,  including 
repairs  and  improvements,  all  the  in- 
terest from  endowments  or  donations, 
all  gifts  and  fees  collected  from  stu- 
dents and  all  receipts  whatsoever  from 
any  source,  and  in  adition  thereto  from 
the  general  revenue $    55,000.00      $    55,000.00 

Provided,  that  the  Board  of  Regents  of  the  University  of  Texas 
shall  use  $5,000  out  of  the  fees  collected  from  students  attending 
this  institution  for  the  purpose  of  repairing  the  medical  building  at 
Galveston.  Provided  [etc.,  as  above,  with  "Medical  Department"  in 
place  of  University  of  Texas.] 

Approved  May  28,  1906,  subject  to  following  veto. 

[The  appropriations  for  A.  and  M.  College  are  subject  to  the  same  pro- 
visos as  in  Chapter  98,  General  Laws,  Twenty-third  Legislature,  Regular 
Session.] 

•See  Governor's  message  following  this  chapter. 


458  University  of  Texas  Bulletin 

Executive  Veto  by  T.  M.  Campbell,  May  28,  1909;  H.  J.  pp.  445-446, 
449-450;  General  Laws,  pp.  529-530,  536-537 

UNIVERSITY   OP   TEXAS 

"For  the  maintenance,  support  and  direction  of  the  University  of 
Texas,  including  repairs,"  etc.,  the  Legislature  appropriated  for 
the  two  years  ending  August  31,  1909,  $105,000  per  year,  and  to 
enable  the  University  authorities  to  use  a  sufficient  amount  of  the 
available  funds  of  the  University  derived  from  sources  other  than 
the  general  revenue,  for  the  purpose  of  building  a  heating  and 
library  building,  the  Legislature,  by  this  bill,  increased  the  appro- 
priation to  $240,000  for  the  year  ending  August  31,  1910,  and 
$240,000  for  the  year  endng  August  31,  1911.  However,  the 
Board  of  Regents  of  the  University  concur  in  the  view  that  it  is 
necessary  to  reduce  this  appropriation  bill  generally,  and  believing 
that  the  necessities  of  the  University  for  the  appropriation  period 
covered  by  this  bill  can  be  met  by  a  reduction  of  this  appropriation, 
and  believing  that  the  University  should  share  in  such  reduction, 
the  proper  University  authorities  have  advised  that  of  the  appro- 
priation for  the  year  ending  August  31,  1910,  of  $240,000,  that 
the  University  requirements  can  be  met  with  the  expenditure  of 
$200,000,  and  that  of  the  $240,000  appropriated  for  the  year  ending 
August  31,  1911,  $180,000  will  meet  the  necessities  of  the  Uni- 
versity, and  at  the  same  time  enable  the  Board  of  Regents  to  pro- 
ceed with  the  needed  buildings  and  improvements.  This  action 
on  the  part  of  the  Board  of  Regents  of  the  University  has  the 
effect  of  reducing  the  appropriation  for  the  'University  for  the 
period  covered  by  this  bill  $100,000.     (P.  482.) 

AGRICULTURAL   AND   MECHANICAL   COLLEGE 

The  following  items  on  pages  36  and  37  of  the  bill  are  objected 
to  and  disapproved,  as  such  appropriations  from  the  general  re- 
venue are  prohibited  by  the  Constitution  of  the  State,  viz.: 

"One  dormitory,  complete  and  equipped,  to  be  known  as 
'Willacy  Hall,'   $60,000." 

"To  build  five  cottages  for  professors,  to  be  expended  in  two 
years,   $10,000." 

"Chemical  Department,  addition  to  building,  $500." 

"For  installing  a  central  heating  plant,  $15,000  for  the  year  end- 
ing August  31,  1910,"  and  "$15,000  for  the  year  ending  August  31, 
1911.      (Pp.  483-484.) 

Section  13  of  article  7  of  the  Constitution  of  this  State  provides 
that  "the  Agricultural  and  Mechanical  College  of  Texas,  established 


A  Source  Book  of  11k  University  of  Texas  43!' 

by  an  Act  of  the  Legislature  passed  April  17,  1871,  located  in  the 
County  of  Brazos,  is  hereby  made  and  constituted  a  branch  of  the 
University  of  Texas,  for  instruction  in  agriculture  and  mechanical 
arts  and  the  natural  sciences  connected  therewith.  And  the  Legis- 
lature shall,  at  its  next  session,  make  an  appropriation  not  to  ex- 
ceed $40,000  for  the  construction  and  completion  of  the  buildings 
and  improvements,  and  for  providing  the  furniture  necessary  to 
put  said  college  in  immediate  and  successful  operation. 

And  Section  14  of  said  Article  7  of  the  Constitution  provides, 
"That  no  taxes  shall  be  levied  and  no  money  appropriated  out  of 
the  general  revenue for  the  establishment  and  erec- 
tion of  the  buildings  of  the  University  of  Texas."  Therefore,  it  is 
clear  that  this  limitation  upon  the  powers  of  the  Legislature  to  levy 
taxes  and  to  approprate  money  out  of  the  general  revenue  applies 
to  the  Agricultural  and  Mechanical  College  of  Texas,  as  it  is  made 
and  constituted  a  part  of  and  a  branch  of  the  University  of  Texas. 

MISCELLANEOUS   ITEMS 

On  pages  93  and  94  of  the  bill:  Item  of  "For  the  payment  and 
cancellation  of  the  following  outstanding  bonds  of  the  State  of  Texas, 
a  part  of  the  public  debt,  $645,200;  $188,500;  $41,400;  $22,100; 
$20,700;  $15,600;  $135,400;  all  of  which  said  bonds  mature  July  1, 
1909,  $1,068,900."  The  several  items  enumerated  in  this  general 
item  of  $1,068,900  embrace  that  portion  of  the  public  debt  evidenced 
by  bonds  of  the  State,  maturing  on  July  1,  1909.  Instead  of  pro- 
viding by  adequate  laws  for  refunding  these  bonds,  and  providing 
as  the  Constitution  requires,  a  2  per  cent  sinking  fund  with  which 
to  pay  off  and  discharge  the  same,  the  Legislature  has  undertaken 
to  lay  upon  the  taxpayers  of  the  State  the  burden  of  paying  off  and 
discharging  this  large  amount  by  an  increase  of  taxation,  which 
would  amount  to  an  increase  of  approximately  6  cents  on  the  $100 
of  property  valuation  during  the  present  year,  to  which  increase  I 
cannot  assent.  The  payment  of  these  bonds  now  would  mean  that 
the  taxpayers  must  pay  $1,068,900  more  taxes  this  year  than  if  the 
bonds  are  refunded  and  a  sinking  fund  of  2  per  cent  created  for 
their  payment  upon  maturity,  thereby  distributing  the  burden  over 
a  number  of  years,  as  contemplated  by  the  Constitution. 

Section  48  of  Article  3  of  the  Constitution  of  this  State,  in  its 
limitation  of  the  powers  of  the  Legislature  with  respect  to  the  pay- 
ment of  the  public  debt,  limits  the  Legislature  in  its  power  to  levy 
taxes  or  impose  burdens  upon  the  people  to  the  creation  of  a  sinking 
fund  which  shall  not  be  more  than  2  per  cent  of  the  public  debt, 
and  for  the  payment  of  the  floating  debt  of  the  State  at  the  time 
of  the  adoption  of  the  Constitution,  including  the  then  matnr.-.i 
bonds  for  the  payment  of  which  the  sinking  fund  is  inadequate. 
The  floating  debt  of  the  State  and  the  bonds  matured  and  due  at 
that  time  have  long  since  been  paid  or  refunded. 


(t;o  /  niversity  of  Texas  Bulletin 

It  will  be  remembered  that  our  tax  rate  is  increased  in  proportion 
to  the  increased  appropriations  and  the  very  thing  proposed  by  this 
action  of  the  Legislature  was  wisely  provided  against  by  the  consti- 
tutional limitation  above  referred  to,  so  that  such  an  oppressive 
burden  could  not  be  laid  upon  the  people  in  the  way  of  taxation 
during  any  one  year. 

These  bonds  were  issued  under  an  act  of  the  Sixteenth  Legislature, 
but  that  Legislature  and  subsequent  Legislatures  have  failed  to 
provide  a  sinking  fund  with  which  to  pay  off  and  discharge  the  same 
when  matured.  I  can  not  agree  to  the  proposition  that  the  people 
should  have  this  heavy  burden  laid  upon  them  this  year,  even  if  the 
Constitution  would  permit  it,  but  believe,  as  I  recommended  to  the 
Legislature,  that  the  bonds  should  be  refunded  at  a  lower  rate  of 
interest,  and  that  a  sinking  fund  should  be  provided  by  law  as 
authorized  and  contemplated  by  the  Constitution  to  pay  off  the 
refunded  bonds  when  they  mature.  These  "Bonds  which  mature  July 
1,  1909,  and  which  this  item  of  the  appropriation  bill  was  intended 
to  take  up  and  cancel,  are  held  and  owned  as  follows:  Six  hundred 
and  forty-five  thousand  two  hundred  dollars  by  the  permanent  free 
school  fund;  $188,500  by  the  permanent  fund  of  the  State  Univer- 
sity; $41,400  by  the  Lunatic  Asylum  fund;  $22,700  by  the  Deaf  and 
Dumb  fund,  $15,600  by  the  State  Orphans'  Home  fund,  and  $135,400 
by  individuals,  cities,  and  counties.  It  will  therefore  be  seen  that 
of  the  $1,068,900  in  State  bonds  maturing  on  July  1,  1909,  $933,500 
are  owned  by  the  permanent  free  school  fund  and  State  institutions, 
only  $135,400  being  owned  by  individuals,  cities  and  counties,  and 
therefore  no  embarrassment  to  the  State  will  result  in  the  failure 
to  pay  them  at  maturity.  Appropriate  legislation  refunding  the  same 
can  be  enacted  in  the  future,  and  at  a  time  when  the  legislative 
mind  is  free  from  the  bewildering  effect  of  the  large  fine  recently 
collected  by  the  State,  and  which  evidently  had  its  influence  upon 
each  proposition  involving  an  appropriation  of  the  people's  money 
during  the  recent  session  of  the  Legislature.  Indeed,  the  fine  col- 
lected from  the  Waters-Pierce  Oil  Company  might  be  said  to  have 
been  appropriated  by  the  Legislature  three  times.  First,  the  appro- 
priation by  special  bills  including  the  expenses  of  the  Legislature 
and  appropriations  carried  by  bills  vetoed  and  not  necessary  to  us»? 
amounted  to  more  than  $1,880,000.  Second,  the  general  appropri- 
ation bills  as  introduced  showed  an  increase  of  more  than  $1,000,000 
as  compared  with  any  bill  ever  heretofore  offered.  And,  third,  this 
item  of  $1,068,900  to  pay  off  the  State  bond's,  and  other  large  items 
were  added  to  and  included  in  the  bill  as  finally  passed. 

It  would  seem  that  in  times  like  these  it  would  be  well  to  recur 
occasionally  to  the  safeguards  of  the  Constitution 


A  Source  Book  of  lh<   University  of  Texas  461 

THIRTY-FIRST  LEGISLATURE,  THIRD  CALLED  SES- 
SION, JULY  19  TO  AUGUST  17,  1910 

PROCEEDINGS    IX   THE    LKGISLATl'RK 

H,  B.  20 — -By  Messrs.  Brownlee  and  Tarver. 

To  prohibit  the  sale  of  intoxicating  liquors  within  ten  miles  of 
the  State  University  and  its  branches. 

Died  in  Senate.     H.  J.  p.  423;   S.  J.  p.  199. 

THIRTY-SECOND  LEGISLATURE,  REGULAR  SESSION, 
JANUARY  10  TO  MARCH  11,  1911 

MESSAGE   OF  GOVERNOR  T.    M.    CAMPBELL 

January  11,  1911;   H.  .1.  pp.  47-48;  S.  J.  pp.  29-SO 

THE   UNIVERSITY   OF  TEXAS 

This,  the  capstone  of  our  educational  structure,  occupies  a  high 
place  among  the  leading  universities  of  the  country.  The  people 
are  justly  proud  of  their  great  University  and  of  its  student  body. 
Its  wise  management,  the  high  and  efficient  service  being  rendered 
by  its  faculty,  its  growth  and  its  history  all  give  promise  of  a 
greater  future  for  the  Unversity  of  Texas.  The  State  owes  much 
to  this  institution  and  we  can  not  be  too  liberal  in  dealing  with  its 
necessities.  That  the  attendance  has  increased  more  rapidly  and 
that  more  has  been  done  by  the  State  in  financial  and  other  ways 
to  promote  its  growth  and  efficiency  during  my  term  as  Governor, 
and  that  more  satisfactory  results  have  been  realized  than  in  any 
former  period  of  four  years,  is  gratifying  to  me.  I  have  at  all 
times  favored  the  most  liberal  co-operation  of  the  State  and  have 
delighted  in  the  support  and  encouragement  given  the  University 
and  its  governing  body.  The  students  who  have  received  training 
at  this  institution  of  learning  have  increased  51  per  cent  during 
the  past  four  years.  During  the  term  of  1905-1906,  2016  students 
received  training  here,  and  for  the  term  of  l'.ni'.i-lfiio  it  had 
3043  students,  including  the  summer  school,  which  has  shown  the 
most  rapid   growth. 

The  Constitution  does  not  permit  appropriations  from  the  gen- 
eral revenue  for  the  erection  of  buildings  for  the  State  University. 
However,  it  has  a  permanent  endowment  provided  by  the  State, 
the  income  from  which  now  amounts  to  about  $145,000  annually. 
and  which  may  be  used  for  that  purpose  as  well  as  tor  maintenance. 
The  Legislature  may  provide  for  the  entire  maintenance,  or  for  any 


462  University  of  Texas  Bulletin 

part  thereof,  by  appropriations  from  the  general  revenue,  but  not 
for  buildings.  Prior  to  this  administration  the  appropriations  from 
the  general  revenue  for  the  University  were  so  meagre  that  it  be- 
came necessary  to  apply  all,  or  nearly  all  of  the  income  derived 
from  the  permanent  fund  to  the  expenses  of  conducting  and  main- 
taining the  institution.  However,  during  the  last  four  years  the 
appropriations  from  general  revenue  for  maintenance  and  conduct- 
ing the  Main  University  and  the  Medical  Branch  at  Galveston  were 
increased  an  amount  in  the  aggregate  to  the  sum  of  $810,000.00. 
This  action  has  enabled  the  Board  of  Regents  to  apply  as  they 
have  done  the  greater  portion  of  the  income  from  the  permanent 
fund  to  the  necessary  repairs,  permanent  improvements  and  to,  con- 
struct and  equip  a  law  building  costing  about  $117,000.00;  to 
erect  and  equip  a  power  plant  for  heating  and  lighting  which  will 
answer  the  purpose  of  the  University  for  all  time  to  come,  at  a  cost 
of  about  $95,000.00;  and  to  contract  for  a  Library  Building  to  cost 
$250,000.00,  which  is  now  in  course  of  erection  and  upon  which 
large  expenditures  have  already  been  made.  These  expenditures 
made  during  the  last  four  years  and  the  same  to  be  expended  to 
complete  and  equip  the  Library  Building  for  which  provision  has 
already  been  made  and  for  the  repairs,  improvements,  buildings 
and  equipment  already  made  and  which  were  so  much  needed  and 
so  important,  will  amount  in  the  aggregate  to  approximately  $467,- 
000.  I  believe  that  the  requirements  of  the  University  are  such 
that  its  maintenance  for  the  present  should  come  from  the  general 
revenue  so  that  the  entire  income  from  the  permanent  fund  can  be 
applied  to  the  purchase  of  additional  grounds  and  to  the  erection  and 
equipment  of  buildings  necessary  to  meet  all  the  demands  upon  the 
institution  and  this  policy  is  respectfully  recommended  to  your  hon- 
orable bodies.  This  great  institution  should  be  cared  for  by  the  State. 
It  should  never  come  under  the  influence  of  predatory  wealth. 
It  should  never  owe  a  debt  of  gratitude  for  endowments  or  gifts 
from  the  coffers  of  tainted  wealth.  Let  the  University  of  Texas 
remain  free  and  independent  and  let  it  depend  alone,  and  not  in 
vain,  upon  Texas  manhood  for  the  perpetuation  of  its  usefulness 
and  glory. 

MESSAGE  OF  GOVERNOR  O.  B.  COLQUITT 

January  18,  1911.     H.  J.  pp.  163-164;   S.  J.  pp.  124-125 

OUR   EDUCATIONAL   SYSTEM 


An  amendment  to  Article  7,  Sections  10  and  13  of  our  Constitu- 
tion, should  be  proposed  and  submitted  to  a  vote  of  the  people 
at  the  next  regular  election,  providing  for  the  separation  of  the 
Agricultural  and  Mechanical  College  and  the  University  of  Texas. 


A  Source  Book  of  the  University  of  Texas  463 

This  amendment  should  provide  for  the  appointment  of  regents 
far  both  institutions  with  longer  terms  of  office.  A  board  of  nine 
regents  with  terms  of  six  years,  three  to  be  appointed  every  two 
years,  would  be  far  better  than  the  present  provision  for  two  years 
terms  for  regents  of  these  institutions.  Care  should  be  taken  in  this 
proposed  amendment  to  make  the  terms  of  all  boards  for  State 
educational  and  eleemosynary  and  penal  institutions  six  instead 
of  two  years,  and  I  sincerely  hope  that  it  will  be  done,  thus  re- 
moving, as  far  as  practicable,  the  managers  of  these  institutions 
from  the  effects  of  politics  and  changes  in  administration.  The 
proposed  amendment  should  also  make  provisions  for  separate  in- 
come for  the  State  institutions  of  higher  learning. 

An  educated  citizenship  with  a  proper  training  of  the  heart  as 
well  as  of  the  mind,  is  the  best  guarantee  of  good  government  and 
of  good  conduct. 

PROCEEDINGS   IN  THE   LEGISLATURE 

H.  B.  1. — By  Mr.  Turney. 

To  provide  for  prospecting  for  minerals  on  land  owned  by  the 
State. 

Died   on   Speaker's  table.      H.  J.   p.    1575. 
H.  B.  54 — By  Mr.  Yarbrough. 

To  amend  the  laws  relating  to  teachers'  certificates. 

Became  a  law.     H.  J.  p.  1579;   S.  J.  p.  1539. 
H   B.    73 — By      Messrs.      Nickels,      Cureton,      McKinney,      Kennedy, 

Wortham,  Harman,  Hill,  Martin,  Robertson. 

To  provide  for  a  special  fund  for  the  University  of  Texas  and  A.  & 
M.  out  of  the  ad  valorem  tax  rate. 

Died  in  Senate.     H.  J.  p.  1581;  S.  J  p  1540 
H.   B.    181 — By   Mr.   Dillard. 

To  cancel  all  leases  on  lands  belonging  to  the  State  University. 

Died  in  Committee.     H.  J.  p.  1588. 
H.   B.   272 — By  Messrs.   Stevens,  Nickels,   Rayburn. 

To  allow  persons  holding  a  diploma  from  the  Medical  Branch 
of  the  University  to  practice  medicine  without  further  examination. 

Died  on  Speaker's  table.     H.  J.   p.   1594. 
H.  B.  378 — By  Mr.  Campbell. 

To  transfer  surplus  quarantine  funds  at  Galveston  Station  to 
the  University. 

Died  on  Speaker's  table.     H.  J.  p.  1601. 
H.   B.   37  9 — By  Mr.  Campbell. 

To  amend  acts  of  the  29th  Legislature  authorizing  the  Com- 
missioners Court  of  Galveston  to  convey  or  lease  certain  lands  to 
the   University. 

Died  in  Senate.     H.  J.  p.  1601;   S.  J.  p.   1557. 


464  University  of  Texas  Bulletin 

H.  B.  551 — By  Mr  Harmon. 

To   provide  the  manner  of  disbursing  funds. 

Died  Oil  Speakers  table.     H.  J.  p.  1613.      (See  S.  B.  314.) 
H.  B.  602 — By  Mr.  Haney. 

To  define  and  prohibit  hazing  in  any  school,  college  or  Uni- 
versity. 

Died  in  Committee.     H.  J.  p.   1617. 
H.  C.  R.  35 — By  Mr.  Robertson  of  Travis. 

To  express  gratitude  to  Hon.  George  W.  Brackenridge. 

Passed.     H.  J.  p  1620 
H.  J.  R.  9 — By  Mr.  McKinney. 

To  amend  the  Constitution  so  that  regents,  directors  and  trustees 
of  State  institutions  may  serve  six  years. 

Passed.     H.  J.  p.   1622;    S.  J.  p.   1575. 
H.  J.  R.  9 — By  Mr.  McKinney. 

To  amend  the  Constitution  so  as  to  levy  a  special  tax  for  sup- 
porting the  University  and  A.  &  M. 

Passed  third  reading.     Died  on  Speaker's  table.     H.  J.  p.  1622. 
H.   J.   R.    20 — By   Mr.   Rowell. 

To  amend  the  Constitution  relative  to  the  investment  of  the 
permanent  University  fund. 

Died  on   Speaker's  table.      H.   J.   p.    1622. 

March  4,  1911;  H.  J.  p.  1076 

RELATIVE    TO    CONDITIONS   AT    STATE    UNIVERSITY 

Mr.  Stamps  offered  the  following  resolution: 

In  view  of  the  fact  that  the  Senate  on  yesterday  passed  a  resolu- 
tion providing  for  a  committee  of  five  of  its  members  to  investi- 
gate conditions  of  affairs  at  the  State  University,  in  connection  with 
the  unlawful  assembly  of  students  out  of  which  the  shooting  of  a 
student  occurred.  And  the  further  fact  of  such  findings  as  the 
Senate  committee  may  make  will,  in  all  probability,  affect  the 
attitude  of  the  entire  Legislature  toward  the  institution  and  its 
students;   therefore,  be  it 

Resolved.  That  the  Speaker  of  the  House  appoint  a  like  com- 
mittee of  five  of  its  members,  with  powers  and  duties  as  set  forth 
in  Senate  resolution,  to  sit  with  the  Senate  Committee  and  make 
such  report  of  its  findings  to  the  House  as  is  provided  in  said  Sen- 
ate resolution  for  report  to  the  Senate. 

Baker,  Stamps,  Fant,  Hunt,  Goodner,  Coffey,  Watson,   Bonner. 

The  resolution  was  read  and  a  second  reading  was  called  for. 

The  Speaker  announced  that  several  members  objected  to  a 
second  reading  of  the  resolution. 


A  Sourci  Book  of  lh<  University  of  Texas  465 

Mr.  Stamps  moved  that  the  resolution  be  read  second  time,  and 
the  motion  was  lost. 

The  resolution  went  to  the  Speaker's  table. 
S.  B.   18 — By  Mr.   Hudspeth. 

Creating  a  State  School  of  Mines  and  Metallurgy. 

Died  on  Calendar.     S.  J.  p.  1448. 
S.  B.  20 — By  Messrs.  Johnson,  Perkins  and  Hudspeth. 

To  provide  for  a  special  University  fund  composed  of  a  certain 
part  of  the  ad  valorem  taxes. 

Died  on  calendar.      S.  J.  p.   1448. 
S.  B.  33 — By  Mr.  Hudspeth. 

To  provide  for  prospecting  for  minerals  on  State  lands. 

Died.      S.  J.  p.   1451;   H.  J.  p.   1627. 
S.  B.  130 — By  Mr.  Lattimore. 

To  amend  Section  123  of  Chapter  124  of  the  General  Laws  of 
Texas  relating  to  making  college  and  University  diplomas  have 
the  force  and  effect  of  permanent  State  certificates 

Passed.     Died  in  House.     S.  J.  p.  1470;  H.  J.  p.   1630. 

S.  B.  216 — By  Mr.  Kauffman. 

To  transfer  surplus  of  quarantine  fee  fund  at  Galveston  Station, 
to  the  Board  of  Regents  of  the  University  of  Texas  to  enable  the 
John  Sealy  Hospital  to  provide  for  buildings,  etc,  to  care  for  con- 
tagious diseases. 

Passed.     Died  on  calendar.     S.  J.  p.  1488. 
S.  B.  314 — By  Messrs.  Terrell  of  Wise  and  Cofer. 

To  provide  that  all  expenditures  of  the  University  be  paid  on 
warrants  from  the  Comptroller  vouchers  approved  by  the  Chair- 
man of  the  Board  of  Regents  or  a  substitute  and  countersigned  by 
the  Secretary  of  the  Board  of  Regents  or  some  substitute. 

Became  a  law.     S.  J.  p.   1508;  H.  J.  p.  1635. 
S.  B  350 — By  Mr  Mayfield. 

To  define  offense  of  hazing. 

Died.     S.  J.  p.   1516. 
S.  B.  351 — By  Mr.  Ward. 

To  prevent  and  define  offense  of  hazing. 

Died.     S.  J.  p.   1516. 
S.  B.  353 — By  Mr.  Cofer. 

To  define  and  prohibit  hazing. 

Died  in  House.     S.  J.  p.  1516;   H.  J.  p.  1637. 
S.  J.  R.  8 — By  Mr.  Astin. 

To  amend  Sections  10,  11,  and  13  of  Article  7  of  the  Constitu- 
tion of  the  State  of  Texas  relating  to  the  University  of  Texas,  and 
to  amend  said  Article  by  adding  Section  13a;  to  prescribe  the  secur- 
ities in  which  the  permanent  University   fund   may  bv   Invested;    to 


30— 227 


166  University  of  Texas  Bulletin 

the  University  and  A.  &  M.;    to  transfer  bonds  of  the  Uni- 
versity to  the  College. 

Passed  Senate,  but  died  in  House.     S.  J.  p.  1522;   H.  J.  p.   1638. 

January  2r,,  1911;   S.  .J.  p.  183 

Petition  favoring  a  special  tax  for  the  University,  from  the  Sons 
of  Herman. 

February  28.   1911;   S.    J.  p.   727 

Whereas,  It  has  come  to  our  knowledge  that  Col.  G.  W.  Bracken- 
ridge  has  presented  to  the  Governor  of  this  State  his  resignation 
as  a  member  of  the  Board  of  Regents  of  the  University  of  Texas; 
and,  t 

Whereas,  He  has  served  with  great  ability  and  distinction  upon 
this  board  for  more  than  twenty-seven  years,  and  has  always  given 
the  institution  the  benefit  of  his  ripe  experience,  great  executive 
ability  and  well  known  liberality;  therefore,  be  it 

Resolved,  That  the  Senate  of  Texas  extend  to  Col.  Brackenridge 
expressions    of   our   most    sincere   appreciation   and   thanks. 

Resolved,  That  we  express  our  most  earnest  hope  that  he  may 
yet  be  spared  many  years  of  usefulness  to  his  State  and  friends,  to 
enjoy  the  fruits  of  his  labor  well  performed. 

Resolved,  That  a  copy  of  these  resolutions  be  spread  upon  the 
Journal  of  the  Senate  and  a  copy  be  sent  by  the  Secretary  of  the 
Senate  to  Col.  Brackenridge. 

Johnson,    Meachum,   Peeler. 

The  resolution  was  read  and  adopted. 

March  3,   1911;    S.  J.  pp.  796,  803,  804 

Simple  Resolution  by  Senator  Mayfield,  by  unanimous  consent: 

Whereas,  We  learn  from  the  press  of  this  morning  that  one  of 
the  Freshman  students  of  the  State  University,  in  order  to  protect 
himself  from  being  "hazed"  shot  and  mortally  wounded  a  fellow 
student  of  said  institution,  and 

Whereas,  Our  great  University  should  set  an  example  to  other 
schools  as  being  an  institution  which  shapes  the  character  of  men 
into  ideal  manhood,  and  polishes  them  into  ideal  citizens,  and 

Whereas,  In  order  for  each  student  that  enters  said  University 
to  be  guaranteed  protection  and  safe  guards  that  will  secure  to  him 
life,  liberty,  and  the  peaceful  pursuance  of  his  studies  without  the 
inhumane   and  barbarous  practice  of   "hazing,"   and 

Whereas,  The  State  of  Texas  owns  said  University  and  main- 
tains it  as  the  University  to  which  all  young  men  of  this  State  are 
entitled  to  come  and  have  that  protection  thrown  arouDd  them  that 


A  Source  Book  of  tJn   University  of  Texas 

will  enable  them   to   pursue  their  studies   in   a   quiet   and    pea 
manner,  therefore  be  it 

Resolved,  by  the  Senate  of  the  State  of  Texas,  That  we  deplore 
the  sad  oecurance  of  yesterday,  when  one  of  the  Freshmen  shot 
and  mortally  wounded  a  fellow  Senior  student,  and  we  call  upon 
the  Board  of  Regents  and  the  faculty  of  said  University  of  Texas 
and  those  in  charge  of  all  other  State  educational  institutions  and 
urge  them  to  put  a  stop  to  all  "hazing"  and  like  "brutal  practices" 
for  the  good  of  said  University  and  other  institutions,  and  for  the 
protection  of  the  peace,  harmony  and  person  of  said  student 
the  end  that  we  may  have  no  more  days  of  such  fighting  and  shoot- 
ing as  occured  on  yesterday  and  last  evening. 

Mayfield,  Terrell  of   W 

The    resolution    was    read,    and     Senator    Hudspeth     offered    an 
amendment,  but  later  withdrew  same. 

Simple    resolution — Action    recurred    on    the    pending    resolution 
and  amendment  thereto. 

Senator  Meachum  offered  the  following  substitute  for  the  amend- 
ment and  resolution: 

Substitute  Resolution 

Resolved,  by  the  Senate  of  Texas,  That  we  deeply  deplore  the 
sad  occurrence  on  last  night  in  which  a  student  of  the  University  was 
shot  by  another  student  and  we  have  [here]  now  declare  ourselves 
unalterably  opposed  to  the  practice  of  hazing  in  any  educational 
institution  of  this  State,  and,  offering  to  the  friends  and  families 
of  the  interested  parties  our  heartfelt  sympathy  and  condolence, 
we  hereby  tender  to  the  Board  of  Regents  of  said  institution,  mem- 
bers of  the  Faculty,  and  student  body  generally,  any  assistance 
within  our  power  to  prevent  any  disorderly  practices  in  our  State 
University,  and  hereby  assert  our  willingness  to  enact  such  laws 
as  will  secure  order  and  decorum  in  that  institution;  and  we  hereby 
request  especially  the  student  body  of  the  University,  composed,  as 
we  believe,  of  honorable  and  patriotic  young  Texans,  to  rise  in 
manhood  and  stamp  out  any  disorderly  practices  which  would  tend 
to  bring  into  disrepute  the  great  State  University,  founded  by  our 
forefathers  for  the  benefit  of  the  people  of  Texas,  and  which  is  now 
rapidly  taking  its  place  as  one  of  the  greatest  universities  among 
the  nations  of  the  earth. 

Meachum,  Ratliff,  Collins,  Lattimore,  Astin,  Adams,  Hume,  rofer. 

Senator  Vaughan  moved  the  previous  question  on  the  substitute, 
the  amendment  and  the  resolution,  which  was  secon 

Senator  Hudspeth  called  for  a  division  of  the  question. 

The  Senate  refused  to  order  the  previous  question. 

Senator   Mayfield    moved    to    table    the    substitute,    which    motion 
prevailed  by  the  following  vote: 


4fi8  University  of  Texas  Bulletin 

Yeae  l 5,  Nays  1 1 . 

Action  then  recurred  on  the  amendment  to  the  resolution,  and 
the  fame  was  adopted  by  the  following  vote: 

Yeas  16,  Nays  10. 

The  resolution  as  amended  was  then  adopted  by  the  following 
vote: 

Yeas  15,  Nays  10. 

In  accordance  w'ith  the  above  resolution,  the  chair  appointed 
Senators  Hudspeth,  Watson,  Terrell  of  Wise,  Mayfield  and  Carter  as 
the  Committee. 

[This    Committee    did    not    even    visit    the    University.] 

March  4,  1911;   S.  J.  p.  842 

Communication  from  the  Students'  Council  welcoming  an  inves- 
tigation of  hazing. 

GENERAL.  LAWS 

S.  B.  314,  Ch.  57,  p.  99 

An  Act  to  amend  Article  3852,  Chapter  2,  of  Title  86  of  the 
Revised  Statutes,  so  as  to  provide  that  all  expenditures  of  the 
Board  of  Regents  of  the  University  of  Texas  may  be  made  by 
order  of  the  said  Board  of  Regents,  to  be  paid  on  warrants  from 
the  Comptroller  on  voucher  approved  by  the  chairman  of  said 
Board  or  by  some  other  officer  or  officers  of  the  University  of 
Texas  designated  by  him  in  writing  to  the  Comptroller,  and  to 
be  countersigned  by  the  secretary  of  the  said  Board  or  some  other 
officer  or  officers  of  the  University  designated  by  said  secretary 
in  writing  to  the  Comptroller,  and  declaring  an  emergency. 
Section  1.  That  Article  3852,  Chapter  2,  of  the  Title  S6  of  the 
Revised  Statutes  be  so  amended  as  hereafter  to  read  as  follows: 

Article  3852.  All  expenditures  may  [must]  be  by  the  order  of  the 
Board  of  Regents,  and  the  same  shall  be  paid  on  warrants  from 
the  Comptroller  based  on  vouchers  approved  by  the  chairman  of 
the  Board  or  by  some  officer  or  officers  of  the  University  designated 
by  him  in  writing  to  the  Comptroller,  and  countersigned  by  the 
secretary  of  the  Board,  or  by  some  other  officer  or  officers  of  the 
University  designated  by  said  secretary  in  writing  to  the  Comp- 
troller  

Approved   March   13,   1911. 

H.  B.  54,  Ch.  96,  p.  192 

An  Act  to  amend  Sections  114,  115,  116,  117,  118,  119,  120,  and 
121  of  Chapter  124  of  the  Acts  of  the  Twenty-ninth  Legislature, 
and  Sections  122,  123,  and  124  of  Chapter  124  of  the  Acts  of  the 
Twenty-ninth  Legislature,  as  amended  by  Chapter  7  of  the  Second 


A  Source  Book  of  the  University  of  Texas  469 

Called  Session  of  the  Thirty-first  Legislature,  and  repealing  Sec- 
tions 105,   106,   107,  108,  109,  110,   125  and   126  of  Chapter    L24 
of  the  Acts  of  the  Twenty-ninth  Legislature,  and  Chapters  68  and 
149  of  the  Acts  of  the  Thirtieth  Legislature,  relating  to  teachers' 
certificates,  and  declaring  an  emergency- 
Section  116.      A  teacher's  diploma  conferred  by  the  University  of 
Texas  upon  a  student  who  has  satisfactorily  completed  at  least  four 
full  courses  in  the  department  of  education,  and  who  has  satisfied  the 
requirements   for  the    degree   of    bachelor   of   arts,    when    presented 
to   the    State    Department    of    Education    with    satisfactory    evidence 
of   having   done   the   required    work    in   education,   shall   entitle   the 
holder  to  receive  a  State  permanent  certificate  valid  for  life,  unless 
canceled   by   lawful  authority. 

A  person  who  has  satisfactorily  completed  four  full  courses  in 
the  college  of  arts  and  one  full  course  in  the  department  of  educa- 
tion of  the  University  of  Texas,  or  in  any  college  or  university 
ranked  as  first-class  by  the  State  Superintendent  of  Public  Instruc- 
tion, upon  the  recommendation  of  the  State  Board  of  Examiners, 
shall  upon  presentation  of  satisfactory  evidence  of  having  done 
the  required  work,  be  entitled  to  receive  from  the  State  Department 
of  Education,  a  State  first-grade  certificate  valid  until  the  fourth 
anniversary  of  the  thirty-first  day  of  August  of  the  calendar  year 
in  which  the  certificate  was  issued,  unless  canceled  by  lawful 
authority 

H.   C.  R.  35. — Gratitude   to  Hon.   (i.   W.   Brackenridge   for   Valiant 

Services  Rendered  the  University.     I'.  ii7(>. 

Whereas,  The  Hon.  George  W.  Brackenridge,  who  for  twenty-five 
years  has  been  a  regent  of  the  University  of  Texas,  having  been 
appointed  and  reappointed  by  seven  Democratic  Governors,  not- 
withstanding he  is  Republican  in  politics,  lias  resigned  from  the 
Board  of  Regents;   and 

Whereas,  The  gratitude  of  the  people  of  Texas  is  due  him  on 
account  of  his  devotion  and  large  benefactions  to  the  cause  <>f  edu- 
cation and  his  constant  efforts  to  keep  the  University  free  from 
partisan  politics  and  sectarian  religion;   therefore,  be  it 

Resolved  by  the  House,  the  Senate  concurring,   Thai    we  exp 
the  hope  that  the  declining  years  of  the  Hon.  George  w.    Bracken- 
ridge may  be  as  peaceful  as  his  life  has  been   beneficial   to   civili- 
zation. 

II.  J.  R.   No.  !>,  p.  386. 

An  Act  proposing  an  amendment  to  Article   16   of   the  Constitution 

of  the  State  of  Texas,  by  adding  a   new    section   thereto,   to   1 n- 

titled  Section  30a;   providing  that  the  members  of  the  Board  of 
Regents  of  the  State   University,  and   the  boards  of   trustees   or 


470  University  of  Texas  Bulletin 

managers  of  educational,  eleemosynary  and  penal  institutions  of 
the  State  and  such  other  boards  as  have  been,  or  may  hereafter 
be  established  by  law,  may  be  elected  or  appointed  for  term  of 
six  (6)  years,  one-third  of  the  members  of  said  boards  to  be 
elected  or  appointed  every  two  (2)  years  in  the  manner  provided 
by  law,  fixing  the  time  for  holding  the  election,  and  making  the 
appropriation  tberefor. 

Si  i  i  io\  1.  That  Article  16  of  the  Constitution  be  amended  by 
adding  a  new  section  thereto,  to  be  known  and  designated  as  "Sec- 
tion 30a,"  and  to  read  as  follows: 

Section  30a.  The  Legislature  may  provide  by  law  that  the  mem- 
bers of  the  Board  of  Regents  of  the  State  University  and  the  Boards 
of  Trustees  or  Managers  of  the  educational,  eleemosynary,  and  penal 
institutions  of  the  State,  and  such  boards  as  have  been,  or  may 
hereafter  be  established  by  law,  may  hold  their  respective  offices 
for  the  term  of  six  (6)  years,  one-third  of  the  members  of  such 
boards  to  be  elected  or  appointed  every  two  (2)  years  in  such 
manner  as  the  Legislature  may  determine;  vacancies  in  such  offices 
to  be  filled  as  may  be  provided  by  law,  and  the  Legislature  shall 
enact  suitable  laws  to  give  effect  to  this  section. 

Sec.  2.  The  foregoing  constitutional  amendment  shall  be  sub- 
mitted to  a  vote  of  the  qualified  electors  for  the  members  of  the 
Legislature,  at  the  next  general  election  to  be  held  in  this  State,  at 
which  election  all  voters  favoring  said  proposed  amendment  shall 
have  printed  or  written  on  their  ballots:  "For  the  amendment  of 
Article  16  of  the  Constitution  of  the  State  of  Texas,  regulating  the 
term  of  office  of  the  Board  of  Regents  of  the  State  University,  anl 
other  Boards  of  Trustees,  or  Managers,  heretofore  or  hereafter 
established  by  law."  And  all  voters  opposed  to  said  amendment 
shall  have  printed  or  written  on  their  ballots  the  words:  "Against 
the  amendment  of  Article  16  of  the  Constitution  of  the  State  of 
Texas,  regulating  the  term  of  office  of  the  Board  of  Regents  of  the 
State  University,  and  other  Boards  of  Trustees,  or  Managers,  here- 
tofore or  hereafter  established  by  law." 

Skc.  3.  The  Governor  of  this  State  is  hereby  directed  to  issue 
the  necessary  proclamation  for  said  election,  and  have  the  same 
published,  as  required  by  the  law  of  this  State.  - 

Sec.  4.  The  sum  of  five  thousand  dollars  ($5,000.00),  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  out  of 
any  funds  in  the  State  Treasury,  not  otherwise  appropriated,  to 
defray  the  expenses  of  said  proclamation,  publication  and  election. 

[At  the  general  election  held  November  5.  1912,  four  proposed  constitu- 
tional amendments  were  voted  upon:  Section  5.  Article  11;  Section  58, 
Article  16;  Section  30a,  Article  16:  Section  51,  Article  3.  Each  amend- 
ment carried,  Section  30a,  Article  16.  by  a  vote  of  108.230  to  43,670.  Bien- 
nial Report  of  the  Secretary  of  State.  1912,  pp.  125-128.  of  the  Supple- 
mental  Report] 


A  Source  Book  of  the  University  of  Texas  4  *  1 

THIRTY-SECOND    LEGISLATURE,    FIRST    CALLED    SES- 
SION, JULY  31  TO  AUGUST  29,  1911 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  3  3 — By  Messrs.  Wood  of  Galveston  and  Campbell. 

To  authorize  the  lease  to  the  Board  of  Regents  of  a  certain  tract 
of  land  in  Galveston. 

Became  a  law.     H.  J.  p.  690;   S.  J.  p.  529. 
S.  B.  3 — By  Mr.  Weinert. 

Appropriating  $268,455  and  $131,545  for  the  fiscal  years  ending 
August  31,  1912,  and  August  31,  1913,  with  "such  changes  as  the 
Regents  may  deem  necessary." 

Became  a  law.     S.  J.  p.  497;  H.  J.  p.  699. 
S.  B.  20 — By  Messrs.  Cofer,  Peeler  and  Kauffman. 

To  provide  for  the  condemnation  or  purchase  of  land  for  use  of 
the  University  in  Travis  and  Galveston  Counties. 

Became  a  law.     S.  J.  p.  501;  H.  J.  p.  700. 
S.  B.   2  9 — By  Mr.  Kauffman. 

To  provide  that  Galveston  County  convey  or  lease  to  the  Board  of 
Regents  of  the  University  of  Texas  for  hospital  purposes  a  certain 
tract  of  land  northwestward  of  Ave.  B. 

Died  on  calendar.     S.  J.  p.  503. 

GENERAL    LAWS 

F.  C.  C.  S.  B.  No.  :i:  Ch.  :?.  p.  36 

An  Act  making  appropriations  for  the  support  of  the  State  Govern- 
ment for  two  years,  beginning  September  1,  1911,  and  ending 
August  31,  1913,  and  for  other  purposes,  and  prescribing  certain 
regulations  and  restrictions  in  respect  thereto;  to  make  additional 
appropriations  for  the  support  of  the  State  Government  for  the 
year  ending  August  31,  1911,  and  to  pay  various  miscellaneous 
claims  against  the  State,  and  declaring  an  emergency. 

University  of  '!>  xas 

For  the  maintenance,  support  and  direction  of  the  University  of 
Texas,  incluidng  Medical  Department  at  Galveston,  including  repairs, 
extensions,  improvements  and  buildings  for  the  years  beginning 
September  l,  1911,  and  ending  August  31.  1913;  all  the  available 
University  funds,  including  interest  from  its  bonds,  land  notes,  en- 
dowments and  donations,  all  gifts  and  fees  collected  and  all  receipts 
whatsoever  from  any  source. 


47'_'  University  of  Terns  Bulletin 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas,  includ- 
ing the  Medical  College  at  Galveston, 
for  the  two  years  beginning  September 
1,  1911,  and  ending  August  31,  1913, 
from  the  general  revenue,  salaries  as  at 
present  in  effect,  with  such  changes  as 
the  regents  deem  necessary $268,455.00      $268,455.00 

Additional  salaries,  equipment  and  sup- 
plies             131,545.00 

Total $268,455.00      $400,000.00 

Provided,  that  the  amounts  herein  appropriated  for  each  item  as 
stated  herein,  and  no  more,  shall  be  paid  out  of  the  general  revenue 
for  the  University  of  Texas,  including  the  Medical  College  at  Gal- 
veston, during  the  fiscal  years  beginning  September  1,  1911,  and 
ending  August  31,  1913,  and  no  surplus  shall  be  diverted  from  one 
account  to  another  account;  and  provided  further,  that  no  deficiency 
shall  be  created,  nor  shall  any  warrants  be  issued,  nor  obligations 
incurred  in  excess  of  the  amounts  herein  appropriated. 

[The  appropriation  for  the  A.  &  M.  College  is  subject  to  substantially 
the  same  proviso  as  that  included  in  Ch.  98  of  the  General  Laws  of  the 
Twenty-third   Legislature,    Regular   Session.] 

Approved  August  29,  1911. 

Veto  of  Governor  O.  B.  Colquitt 

August  29,   1911;   General  Laws  of  Texas,   Manuscript,  Department 
of  State,  Chapters  1  to  20 

On  page  51,  the  following  item:  "Additional  salaries,  equipment, 
and  supplies,  $131,545.00  for  the  fiscal  year  ending  August  31, 
1912,  is  objected  to.  I  regret  exceedingly  the  necessity  that  impels 
me  to  do  this.  The  appropriation  for  the  University  and  all  other 
educational  institutions  in  this  bill  is  far  in  excess  of  appropriations 
ever  before  made  for  them  by  the  Texas  Legislature." 

S.    B.   20,    Ch.    6,    p.    76 

An  Act  to  authorize  and  empower  the  Board  of  Regents  of  the 
University  of  Texas  to  acquire  by  purchase  or  condemnation  for 
the  use  and  benefit  of  the  University  of  Texas  such  lands*within 
the  counties  of  Travis  and  Galveston  as  they  may  deem  expedient 
for  sites  on  which  to  erect  and  maintain  buildings  and  for  the 
extension  of  the  campus  and  other  purposes  in  the  conduct  of 
the  said  University,  and  declaring  an  emergency. 


A  Soura   Book  of  tin  University  of  Texas  47:> 

Section  1.  Power  and  authority  is  hereby  conferred  upon  the 
Board  of  Regents  of  the  University  of  Texas  to  acquire  by  purchase 
or  condemnation  for  the  use  and  benefit  of  the  University  of  Texas 
such  lands  within  the  counties  of  Travis  and  Galveston  as  they 
may  deem  expedient  for  sites  on  which  to  erect  buildings  for  the 
use  of  the  said  University  and  for  the  extension  of  the  campus  and 
for  other  purposes  necessary  in  the  conduct  of  said  University. 

Sec.  2.  If  the  said  Board  of  Regenrs,  in  seeking  to  acquire  any 
lands  for  any  of  the  purposes  aforesaid  and  the  owner  or  owners 
of  said  land  can  not  agree  for  the  sale  and  purchase  thereof,  the 
Board  of  Regents  shall  request  the  Attorney  General  to  file  a 
petition  in  the  district  court  of  the  county  in  which  the  land  sought 
to  be  condemned  is  situated,  describing  the  land  and  stating  the 
purposes  for  which  it  is  desred  by  the  Board  of  Regents,  and  pray- 
ing that  the  value  of  such  land  be  ascertained  judiciously  and  a 
decree  be  entered  vesting  title  thereto  in  the  State  of  Texas  for 
the  use  and  benefit  of  the  University  of  Texas  upon  the  payment 
of  th.e  value  so  ascertained. 

Sec.  3.  Upon  the  filing  of  any  such  petition  by  rn.-  Attorney 
General,  the  clerk  of  the  court  shall  issue  a  citation  to  the  owner 
or  owners  of  the  land  as  in  other  civil  cases,  which  citation  shall  be 
served  and  returned  as  in  civil  cases,  and  the  cause  shall  be  entered 
on  the  civil  docket  in  the  name  of  the  Board  of  Regents  of  the 
University  of  Texas  as  plaintiff  and  the  owner  or  owners  of  the  land 
as  a  defendant. 

Sec.  4.  At  the  first  term  of  the  court  after  service  of  citation 
upon  the  owner,  as  provided  in  the  preceding  section,  the  cause, 
unless  continued  on  motion  thereof,  shall  be  tried  by  a  jury  upon 
a  single  issue  as  to  the  value  of  the  land,  and  the  decision  of  any 
such  jury  shall  in  all  cases  be  final;  provided  the  parties  to  said 
proceeding  shall  have  the  right  of  appeal  as  in  other  civil  cast 

S]  .  ">.  Nothing  in  the  preceding  section  c  ntained  shall  be  con- 
strued to  prevent  the  parties  from  waiving  a  jury  and  submitting  to 
the  court  the  issue  as  to  the  value  of  the  land  in  question,  or  from 
selecting  by  agreement  three  persons  to  ascertain  the  value  of  such 
land,  under  their  oaths  and  the  direction  of  the  court:  and  tie- 
finding  and  decision  of  the  court  or  of  such  persons  shall  in  all 
cases  be  final;  provided  the  parties  to  said  proceeding  shall  have 
the  right  of  appeal  as  in  civil  cases. 

Sec.  6.  When  the  value  of  the  land  has  in  en  ascertained  in  either 
of  the  modes  above  prescribed,  and  the  court  is  satisfied  with  such 
valuation,  it  shall  enter  a  decree  vesting  the  title  in  such  lands  in 
the  State  of  Texas  for  the  use  and  benefit  of  the  (Jniversit]  Of 
Texas,  to  be  held,  owned,  possessed  and  enjoyed  by  the  State  of 
Texas  for  the  purposes  hereinbefore  recited.  No  such  decree 
be  entered  until  the  value  of  the  land  so  ascertained,  together  with 


474  I  rriversity  of  Texas  Bulletin 

;ill  reasonable  costs  and  expenses  of  the  owner  in  attending  such 
proceeding,  shall  be  paid  to  him,  or  into  court  for  his  benefit  and 
subject  to  his  order,  such  costs  and  expenses  to  be  assessed  by  the 
court  for  which  any  such  proceeding  is  had,  including  reasonable 
attorney'  fee  to  be  fixed  by  the  court. 
Approved  August  30,  1911. 

H.  T5.  33,  Ch.  13,  p.  99 

An  Act  to  amend  Chapter  42  of  an  Act  of  the  Twenty-ninth  Legis- 
lature, entitled  "An  Act  to  prohibit  the  granting  or  use  for  rail- 
way  or   oVher   purposes  of  any   part  of  the  tract  of  land   in   the 
city  and  county  of  Galveston,  Texas,  acquired  by  that  county  or 
the  commissioners  court  thereof  for  seawall  purposes,"  by  adding 
thereto  Section  la,  authorizing  and  empowering  Galveston  County 
or  the  commissioners  court  of  said  county  to  convey  or  lease  to 
the  Board  of   Regents   of   the  University   of  Texas,    on   behalf   of 
the  State  of  Texas,  for  hospital  purposes  in  connection  with  the 
John  Sealy  hospital,  all  or  any  part  of  the  tract  of  land  acquired 
under   said   Act   which    lies   to    the   north    and   northwestward    of 
Avenue  B,  in  said  city,  and  declaring  an  emergency. 
Section    1.     That   Chapter   42    of  an   Act    of   the    Twenty-ninth    Leg- 
islature, entitled  "An  Act  to  prohibit  the  granting  or  use  for  rail- 
way or  other  purposes  of  any  part  of  the  tract  of  land  in  the  city 
and   county   of   Galveston,    Texas,   acquired   by   that   county   or   the 
commissioners  court  thereof  for  seawall  purposes,"  be,  and  the  same 
is  hereby,  amended  so  as  to  hereafter  read  as  follows: 

Section  1.  That  no  corporation,  person  cr  association  of  per- 
sons shall  be  granted  or  exercise  any  rights,  privileges  or  franchise 
for  contruction  or  operation  of  any  railway,  whether  by  steam, 
electric,  cable,  horse  or  other  power,  nor  shall  any  corporation, 
person  or  association  of  persons  be  granted  any  right,  leasehold, 
privilege  or  franchise  for  any  purpose  or  purposes  other  than  a 
public  walk,  public  driveway  or  public  park  along  and  upon  or 
across  any  part  of  that  tract  of  land  situated  in  the  city  and  county 
of  Galveston,  in  the  State  of  Texas,  which  was  acquired  by  said 
county  commissioners  court  thereof  for  seawall  purposes,  under 
the  authority  of  an  Act  passed  by  the  First  Called  Session  of  the 
Twenty-seventh  Legislature  of  the  State  of  Texas,  and  approved 
by  the  Governor  September  7,  1901,  entitled  "An  Act  to  give  effect 
to  Section  7,  Article  11,  of  the  Constitution,  authorizing  all  counties- 
and  cities  bordering  on  the  coast  of  the  Gulf  of  Mexico  to  construct 
seawalls  and  breakwaters,  to  issue  bonds  therefor,  and  levy  a  tax 
for  the  payment  thereof;  and  further,  to  provide  for  the  construction 
and  maintenance  of  said  works,  and  payment  of  said  bonds  by  sale 
or  rent  of  lands  reclaimed  from  the  sea  or  otherwise  acquired  for 


A  Source  Book  of  the  University  of  Texas  475 

breakwater  purposes;"  and  it  shall  also  be  unlawful  to  allow 
the  possession,  use  or  occupancy  in  any  manner  whatever  of  any 
part  of  said  tract  of  land  for  any  purpose  whatever  other  than 
a  public  walk,  public  driveway  or  public  park,  and  any  action  upon 
the  part  of  the  county  commissioners  court  of  Galveston  county,  or 
any  other  court  or  body,  or  official  or  officials  in  attempted  con- 
travention of  this  Act  shall  be  void  and  of  no  eff< 

Sec.  la.  Nothing  in  the  foregoing  section  of  this  Act  shall  be  con- 
strued to  prohibit  the  county  of  Galveston,  or  the  county  commis- 
sioners court  of  said  county,  from,  conveying  or  leasing,  and  it  is 
hereby  expressly  empowered  to  convey  or  to  lease  for  a  period  of 
ninety-nine  years  or  less,  to  the  Board  of  Regents  of  the  University 
of  Texas  on  behalf  of  the  State  of  Texas,  any  or  all  of  that  part  of 
the  land  acquired  for  seawall  and  breakwater  purposes  which  lies 
to  the  north  and  northwestward  of  the  north  line  of  Avenue  B,  in 
said  city,  to  be  used  for  hospital  purposes  in  connection  with  the 
John  Sealy  Hospital. 

Sec.  2.     All  laws  or  parts  of  laws   in  conflict  herewith   are   h< 
repealed. 

Approved   August   31,    1911. 

THIRTY-THIRD  LEGISLATURE,  REGULAR  SESSION, 
JANUARY  14  TO  APRIL  1,  1913 

MESSAGE  OF  GOVERNOR  O.  R.  COLQUITT 

January  16,   1913,  H.  3.  pp.  21,  22;    S.  3.   pp.  33.   38 

University   of  Texas 

Under  the  provisions  of  the  Constitution  the  University  has  a 
land  endowment  of  two  million  acres.  The  organic  law  as  it  now 
reads  prohibits  the  Legislature  from  appropriating  money  out  of  the 
general  revenue  for  erection  of  buildings  for  the  University.  This 
institution  of  learning,  therefore,  has  had  to  suffer  tardy  and  un- 
satisfactory development  because  of  insufficient  money  to  • 
ouildings.  The  income  from  its  land  and  bonds  is  not  sufficient 
for  buildings,  to  say  nothing  of  its  needs  for  maintenance.  But  I 
shall  discuss  this  subject  at  a  greater  length  in  a  special  met 
The  University  of  Texas  ought  to  be  second  to  no  State  University 
in  the  Union.  If  I  have  the  help  of*  the  Legislature  and  the  co- 
operation of  the  friends  of  the  University  it  will  stand  in  the  first- 
class  in  point  of  buildings  and  equipment.  In  the  special  message 
the  Legislature  will  be  given  in  detail  the  revenues  derived  in  the 
past  by  the  Unversity  from  its  lands  and  other  sources,  and  plans 
for  its  upbuilding  will  be  discussed.     .... 


476  University  of  Tints  Bulletin 

Special    Institution    Tax 

Before  a  special  State  educational  tax,  as  called  for  by  the  plat- 
form, can  be  levied,  the  Constitution  will  have  to  be  amended  so 
as  to  authorize  it.  It  is  hoped  the  friends  of  the  different  institu- 
tions of  learning,  supported  by  State  taxation  in  whole  or  in  part, 
will  unite  in  an  effort  to  secure  the  submission  and  adoption  of 
an  amendment  which  will  permit  the  development  and  proper  main- 
tenance of  our  educational  institutions.  All  bickerings  and  selfish- 
ness that  would  defeat  this  desired  end  ought  to  be  put  aside. 
Especial  attention  is  called  to  the  report  of  our  efficient  Superin- 
tendent of  Public  Instruction.  It  contains  many  valuable  sug- 
gestions and  an  able  discussion  of  our  school  laws  and  the  improve- 
ment they  need. 

February   5,    1913;    H.   J.   pp.   431-436;    S.   J.   pp.   469-474 


Separate  Provision 


Adequate  provision  by  constitutional  amendment,  if  necessary, 
for  liberal  and  independent  income  for  the  support  and  development 
of  the  State  institutions  of  higher  learning,  is  demanded.  These 
institutions  of  "higher  learning"  embrace  the  University  of  Texas, 
the  Agricultural  and  Mechanical  College,  which  includes  the  Prairie 
View  Normal  College  for  Colored  Youths,  the  College  of  Industrial 
Arts  for  White  Girls,  and  the  four  State  normal  colleges.  To 
make  this  separate  provision  an  amendment  to  the  Constitution 
will  be  necessary,  because  the  State  University  can  not  be  developed 
under  the  present  limitations  imposed  upon  it  by  the  terms  of  the 
Constitution,  which  stipulates  that  no  money  shall  be  appropriated 
out  of  the  general  revenues  for  buildings  for  that  institution.  The 
platform  calls  for  the  submission  of  an  amendment  to  eliminate  this 
limitation  against,  the  University  from  our  organic  law.  -Any  sep- 
arate provision  that  might  otherwise  be  made  that  would  not  com- 
prehend the  development  of  the  University,  as  well  as  its  support, 
would  be  a  farce  and  fall  short  of  what  is  necessary  to  carry  out 
the  great  plans  embraced  in  the  demands  of  the  democratic  platforms 
to  which  the  administration  is  committed.  The  income  from  the 
permanent  university  land  endowment  is  not  sufficient  to  develop 
the  State  principal  institution  of  learning. 


College  Divorcement 


An  amendment  to  Section  11,  of  Article  7,  of  the  Constitution,  is 
called  for,  completely  divorcing  the  Agricultural  and  Mechanical 
College  from  the  University  of  Texas.      As  now  worded  Section   11 


.1  Source  Book  of  lh<  University  of  Texas  477 

of  Article  7  does  not  mention  the  A.  &  M.  College.  But  Section  13 
confirms  an  act  passed  by  the  Legislature  April  17,  1871,  which 
established  and  located  the  Agricultural  College  in  Brazos  county 
"for  instruction  in  agriculture  and  mechanic  arts  and  the  natural 
sciences  connected  therewith."  The  same  section  provided  that 
the  Legislature  shall  at  the  next  session  make  an  appropriation 
"not  to  exceed  forty  thousand  dollars  for  the  construction  and 
completion  of  the  buildings  and  improvements  and  furniture  nec- 
essary to  put  the  college  in  immediate  and  successful  operation." 
Then  follows  Section  14,  with  the  declaration  that  "no  tax  shall 
be  levied  and  no  money  appropriated  out  of  the  general  revenue 
for  the  establishment  and  erection  of  buildings  of  the  University 
of  Texas."  Each  Legislature  since  the  adoption  of  the  Constitu- 
tion in  187  6  has  appropriated  money  for  the  establishment  and 
erection  of  buildings  at  the  Agricultural  and  Mechanical  College, 
but  has  not  appropriated  money  for  the  erection  of  buildings  for 
the  University  of  Texas.  My  construction  of  these  provisions  has 
been  that  whereas  Section  1 3  makes  and  establishes  the  Agricul- 
tural and  Mechanical  College  as  a  branch  of  the  University,  it 
does  so  as  a  separate  and  independent  college,  and  exempts  it  from 
the  limitations  placed  on  the  University  as  to  making  appropria- 
tions out  of  the  general  revenue.  All  the  Governors  of  the  State 
but  one  evidently  placed  the  same  construction  on  the  Constitution, 
or  they  would  not  have  approved  appropriations  for  the  Agricul- 
tural and  Mechanical  College  out  of  the  general  revenue.  But  the 
friends  of  the  college  have  asked,  and  the  platforms  demands,  the 
submission  of  an  amendment  to  the  Constitution  completely  divorc- 
ing it  from  the  University,  and  this  promise  should  be  kept. 


Medical   Branch 


The  medical  branch  of  the  University,  located  at  Galveston  ought 
to  be  improved  and  a  dental  department  added  to  it.  This  should 
not  be  done  by  separate  legislation  beyond  requirement  that  the 
Board  of  Regents  should  provide  for  it  as  soon  as  the  finances  of 
the  University  will  permit  them.  Philanthropic  citizen?  of  Galves- 
ton have  offered  to  donate  money  to  aid  the  erection  of  a  suitable 
and  safe  nurse  home  on  condition  that  the  Board  of  Regents  would 
provide  an  equal  sum.  The  building  now  used  for  this  purpose  la 
insecure,  in  fact,  a  veritable  fire  trap.  The  matter  is  one  of  im- 
portance. But  all  such,  improvements  can  be  made  upon  an  ade- 
quate and  enduring  scale  if  my  suggestions  for  the  University  meet 
with  the  approval   of  the  Legislature  and   the  people. 


.) ,  s  University  of  Texas  Bulletin 

A  Great  University 

I  want  to  see  Texas  build  a  great  University — one  of  the  first 
class,  and  second  to  none  in  all  the  United  States.  We  have  talked 
much  about  our  boasted  University  fund,  but  it  has  retarded  rather 
than  developed  the  University.  It  is  the  only  institution  of  learn- 
ing tli.'  State  has  founded  which  the  Legislature  is  prohibited  from 
approprating  money  for  the  erection  of  buildings.  The  buildings 
that  have  been  constructed  are  inadequate, in  every  way.  They  have 
been  built  piecemeal  and  only  when  the  Legislature  could  be  in- 
duced to  appropriate  money  enough  for  maintenance  to  justify  the 
regents  to  apply  the  available  University  revenue  in  the  erection  of 
additions  and  buildings.  Accompanying  this  message  is  a  proposed 
amendment  to  Article  7  of  the  Constitution.  It  embraces  all  the 
platform  recommendations,  and  presents  in  fundamental  form  my 
views  as  to  what  should  be  done  for  our  schools  and  colleges.  It 
provides  that  the  Legislature  may  levy  as  much  as  ten  cents  on  the 
hundred  dollars  of  taxable  values,  or  so  much  thereof  as  may  be 
necessary,  for  the  support  of  the  higher  institutions  of  learning 
in  this  State;  44  per  cent  of  what  may  be  levied  to  be  applied  with- 
out further  legislative  action  to  the  support  of  the  University  of 
Texas;  2  9  per  cent  to  the  support  of  the  Agricultural  and  Mechani- 
cal College;  18  3-4  per  cent  to  the  support  of  the  four  State  Normal 
Colleges;  5  3-4  per  cent  to  the  College  of  Industrial  Arts  for 
Women,  and  2  1-2  per  cent  to  the  Prairie  View  State  Normal  and 
Industrial  College.  What  a  great  pity  the  founders  of  our  educa- 
tional system  did  not  forsee  the  great  advantage  there  would  have 
been  in  combining  all  these  great  institutions  of  learning  in  one  great 
University  at  one  place  and  under  one  government  and  control. 
With  them  working  together  and  cooperating  as  one  great  insti- 
tution, the  good  that  could  have  been  accomplished  would  have 
been  wonderful.  If  we  add  to  th-e  legislative  appropriations  for 
the  two  fiscal  years  beginning  September  1,  1911,  the  sums  the 
Agricultural  and  Mechanical  College  receives  from  sources  other 
than  the  Legislature,  and  the  deficiencies  created  in  its  favor,  the 
total  sum  available  for  the  support  of  these  higher  educational  in- 
stitutions is  $2,712,839.82.  This  is  a  princely  sum,  and  after  allow- 
ing the  cost  of  assessing  and  delinquencies  is  equal  to  a  tax  rate 
of  seven  cents  on  the  hundred  dollars  of  the  taxable  values  in  this 
State.  This  sum  is  almost  equal  to  the  total  amount  spent  in 
buildings  and  in  maintaining  the  great  Wisconsin  University  an- 
nually  where  all  these  colleges  are  combined  and  go  to  make  up  the 
University  of  that  State.  The  task  of  building  such  a  university 
in  Texas  would  be  easy  if  public  sentiment  could  be  informed  of 
the  merits  of  such  an  institution,  and  local  selfish  interests  could 
be   kept   from    dominating    the   issue.      Such    an    institution    would 


A  Source  Book  of  the  University  of  '/'•  cos 

furnish  all  that  could  be  desired.  But  if  we  can't  have  this  kind  of 
a  university  we  will  have  to  content  ourselves  with  dividing  it  up 
and  scattering  it  around  the  State  as  is  now  the  case,  and  make 
up  our  minds  to  develop  them  separately  and  make  them  respond 
to  the  needs  and  requirements  of  the  people  of  this  great  common- 
wealth. 

An  Ideal  University 
If  I  had  the  planning  and  making  of  a  university,  I  would  have 
a  campus  of  ample  acreage,  and  on  that  campus  I  would  erect 
buildings  more  magnificent  and  commodious  than  those  we  now 
have  in  this  State,  and  I  would  call  these  buildings  the 
tural  and  Mechanical  College."  And  on  the  same  campus  I  would 
build  magnificent  structures  more  commodious  than  all  the  State 
normal  schools  we  now  have  and  call  them  the  "State  Normal  Col- 
leges." Then  there  would  be  erected  an  art  and  industry  building 
many  times  more  commodious  than  the  college  we  now  have,  and 
that  I  would  call  the  "College  of  Arts  and  Industry,"  in  which  the 
arts  and  industries  for  men  and  women  should  be  taught.  Then  I 
would  build  a  substantial  structure  and  call  it  the  "Law  College," 
and  another  magnificent  building  far  more  complete  and  capacious 
than  any  we  have,  and  call  it  the  "Medical  College."  In  the  center 
of  the  campus  I  would  build  a  magnificent  main  building  of  Texas 
granite  large  enough  to  afford  accomodations  not  only  for  the 
present,  but  for  the  future  generations,  and  I  would  call  the  whole 
the  "University  of  Texas."  The  students  attending  any  of  these 
colleges  could  then  get  the  advantage  of  a  course  in  any  or  all 
of  them,  the  advantages  of  all  of  them  would  be  open  to  students 
attending  any  one  of  them.  Some  may  say  this  is  a  dream;  if  so, 
it  is  one  that  should  have  been  now  a  realization  and  is  yet  possible. 
The  combined  strength  and  usefulness  of  such  a  university  would 
be  felt  all  over  the  world.  Here,  in  such  a  university,  I  would 
teach  letters,  arts,  science,  agriculture,  mechanics,  engineering,  ar- 
chitecture and  everything  else  needful  to  develop  the  mind  and 
it  to  grapple  with  the  problems  of  life. 

Without  Cost  to  Taxpayers 

The  plan  proposes  in  the  joint  resolution  referred  to  is  to  am 
ize  the  University  to  issue  bonds  based  upon  its  endowment  of 
lands  and  securities  with  which  to  secure  ample  money  to  erect 
buildings  and  acquire  additional  grounds.  The  income  from  these 
lands  and  securities  has  increased  under  the  present  management 
until  now  it  amounts  to  over  $140,000  per  annum.  Any  bond"! 
indebtedness,  whether  large  or  small,  will  be  discharged  at  its 
maturity  by  the  creation  of  a  sinking  fund  of  two  per  cent,  an- 
nually reinvested.  The  Legislature  ought  to  provide  that  as  much 
as    three    million    dollars    in    University    bonds    can    be    issued,    and 


480  University  of  Texas  Bulletin 

pledge  the  income  from  the  endowment  fund  to  meet  interest 
charges,  and  create  a  sinking  fund  of  two  per  cent  to  discharge  the 
debt  at  maturity  of  the  bonds.  With  the  State  guaranteeing  them 
they  can  be  sold  with  ease  at  a  premium  of  twenty-five  per  cent. 
With  the  larger  part  of  the  proceeds  from  the  sale  of  these  bonds 
there  should  be  built  a  magnificent  granite  building  in  place  of 
the  fire  trap  now  being  used.  With  the  remainder  of  the  proceeds 
additional  ground  could  be  purchased,  and  dormitories  for  young 
ladies  erected,  giving  accomodation  and  protection  to  the  young 
womanhood  of  Texas  who  desire  the  educational  advantages  the 
University  would  give  them.  In  addition  to  the  buildings  and 
grounds  needed,  a  student's  loan  fund  ought  to  be  created  from 
which  deserving  young  men  and  women  who  are  not  able  to  attend 
the  University  without  aid,  may  borrow  a  small  sum  to  assist  them 
In  the  completion  of  their  education,  to  be  repaid  out  of  the  first 
moneys  earned  by  them  after  graduation.  To  my  mind  this  is  one 
of  the  best  features  of  the  proposed  new  Article  7,  which  accom- 
panies this  message. 

Issue  Bonds  to  Build 

But  it  can  not  be  expected  that  great  universities  and  colleges 
can  be  built  and  established  out  of  a  mere  pittance  from  each  year's 
taxes.  There  has  been  a  prejudice  against  issuing  bonds  for  public 
improvements,  but  it  is  a  good  sign  to  note  this  prejudice  is  fast 
passing  in  this  State.  In  the  past  it  has  been  denounced  by  design- 
ing men  because  they  could  appeal  to  a  certain  prejudice  because 
of  a  want  of  understanding  of  the  good  business  of  this  course. 
Now,  we  are  paving  streets,  building  good  roads,  good  school 
houses,  and  making  other  great  improvements  in  the  cities  and 
counties  and  school  districts,  by  issuing  bonds.  These  bonds  are 
payable  some  of  them  twenty,  thirty  and  forty  years  hence.  The 
advantage  of  this  course  lies  in  the  fact  that  it  furnishes  money 
for  the  present  to  supply  substantial  improvements  for  the  present 
generation  to  enjoy  and  leaves  them  for  the  future,  but  requires 
of  this  generation  to  pay  only  a  small  part  of  the  burden  by  way  of 
interest  and  sinking  fund  to  pay  off  the  bonds  at  maturity.  This 
is  one  of  the  blessings  that  will  come  to  the  present  generation  if 
money  is  secured  in  this  way  to  build  the  University  and  Agricultural 
and  Mechanical  College.  These  buildings  and  their  equipment 
property  will  benefit  the  present  generation,  but  the  present  genera- 
tion will  have  to  pay  only  its  portion  of  the  cost.  The  improvements 
will  be  handed  down  to  our  children  and  they  will  bear  their  part 
of  the  cost,  and  so  on.  The  debt  will  only  represent  an  asset  that 
will  be  the  most  valuable  we  can  bequeath  to  the  future. 


A  Source  Book  of  the  University  of  Texas  4M 

Student's  Loan  Fund 

Effort  has  been  made  in  the  past  to  create  prejudice  against  the 
University  and  the  Agricultural  and  Mechanical  College.  Much  that 
these  institutions  have  needed  has  been  withheld  partly  in  satisfac- 
tion of  this  prejudice.  Happily,  this  kind  of  demagogy  is  passing 
away.  Need  for  higher  education  is  recognized  by  all  people,  and 
heretofore  much  of  its  cost,  especially  in  the  case  of  the  University, 
has  been  borne  out  of  the  revenues  coming  from  the  endowment 
funds.  Some  effort  used  to  be  made  to  show  that  the  'University 
and  the  Agricultural  and  Mechanical  College  were  "rich  men's" 
schools,  but  this  is  easily  shown  to  be  untrue.  Out  of  a  student 
body  of  nearly  two  thousand  now  attending  the  University  over 
six  hundred  young  men  and  young  women  are  working  their  wav 
through  that  institution,  earning  their  board  by  waiting  on  tables 
at  boarding  houses  and  in  other  ways.  And  these  young  men  and 
young  women  are  honored  by  the  student  body  and  some  of  them 
stand  at  the  head  of  their  classes.  An  institution  that  affords  this 
opportunity  for  worthy  young  men  and  young  women  and  under 
such  circumstances,  can  not  be  said  to  be  discriminating  on  account 
of  wealth  or  social  conditions.  There  are  more  farmers'  sons  and 
daughters  attending  the  University,  I  am  told,  than  even  attend  the 
Agricultural  and  Mechanical  College.  For  worthy  young  men  and 
young  women  such  as  those  I  have  referred  to,  a  student's  loan  fund 
should  be  created  from  which  they  could  borrow  a  small  sum 
annually,,  according  to  regulations  to  be  prescribed  by  law  or  rules 
of  the  Board  of  Regents  to  aid  them  in  the  completion  of  their 
education,  they  being  required  to  pay  it  back  with  small  interest 
from  their  first  earnings  after  graduation.  Such  a  fund  would  do 
untold  good,  as  I  conceive  it,  and  will  bring  the  University  within 
reach  of  all. 

What  I  say  about  the  development  and  improvement  of  the  Qni 
versity  applied  with  equal  force  to  the  Agricultural  and  Mechanical 
College,  the  normal  schools  and  the  College  of  Industrial  Arts.  Fully 
a\x  hundred  thousand  dollars  have  been  or  will  be  spent  on  these 
institutions  for  buildings  alone  for  the  two  fiscal  years  ending  the 
31st  of  next  August.  If  these  sums  could  have  been  expended  to- 
ward the  erection  of  a  university  as  I  have  described,  it  would  have 
marked  a  great  step  toward  the  end,  in  establishing  an  institution 
of  the  kind  which  will  endure  as  long  as  the  government  lasts. 

Three  Years'   Comparison 

The  following  shows  the  sums  of  money  expended  at  the  Univer- 
sity  of   Texas   and   at  the  Agricultural   and    Mechanical   Colleg< 


31 — 2  2^ 


482  University  of  Texas  Bulletin 

all  purposes  for  the  three  years  named — three  fiscal  years  beginning 
;  ,  ptember   1,   1910: 

University  of  Texas,  L910,  $483,542.00;  1911,  $449,728,00;  1912, 
$581,273.00.     Total,   $1,514,543.00. 

Agricultural  and  Mechanical  College,  1910,  $446,855.67;  1911, 
$700,926.82;    1912,    $704,813.00.      Total,    $1,852,595.49. 


The  figures  for  the  University  include  the  medical  branch  at 
Galveston. 

I 

Attendance  and  Per  Capita  Cost 

The  enrollment  of  the  University  for  the  past  three  years  and  per 
capita  cost  was  as  follows: 

1910  1911  1912 

Enrollment    1939  2038  2332 

Per  capita  cost $248.86        $214.35        $300.56 

The  enrollment  at  the  Agricultural  and  Mechanical  College  for 
three  years  and  per  capita  cost  is  as  follows: 

1910  1911  1912 

Enrollment    1080  1129  1001 

Per  capita  cost $410.75        $620.84        $704.10 

This  difference  in  the  cost  per  capita  of  the  two  institutions  is 
very  great  and  looks  unreasonable,  but  the  figures  seem  to  be  ap- 
proximately correct.  The  figures  for  both  institutions  include  sums 
expended  for  buildings,  maintenance  and  everything  else. 

Business  Managers 

These  figures  show  conclusively  the  importance  of  creating  the 
office  of  business  managers  for  the  University  and  the  Agricultural 
and  Mechanical  College.  It  is  out  of  the  question  for  the  Boards  of 
Regents  and  Trustees  of  these  colleges  to  give  the  necessary  time 
and  attention  to  the  business  affairs  of  the  institutions  that  they 
need.  I  am  advised  that  the  Board  of  Regents  of  the  University 
have  determined  to  establish  the  position  of  business  manager  for 
ttiat  institution,  and  the  Agricultural  and  Mechanical  College  should 
follow  the  example.  These  business  managers  should  be  provided 
for  by  law  and  their  duties  defined.  Notwithstanding  the  large 
appropriations  for  the  Agricultural  and  Mechanical  College  by  the 
last  Legislature  and  the  heavy  deficiencies  granted  for  building,  the 
Boar  1  of  Trustees  report  a  deficiency  in  the  upkeep  account  of  over 
$87,000.00.  .They  frankly  admit  to  me  that  this  could  have  been 
avoided  with  judicious  business  management. 


A  Source  Book  of  I  In   University  of  Texas 

I  earnestly  ask  the  favorable  consideration  of  the  Legislature  of 
this  great  question.  It  is  one  of  transcendent  importance,  and  if  the 
recommendations  made  are  carried  out  it  will  result  in  everlasting 
benefit  to  this  as  well  as  future  generations  of  Texans.  The  pro- 
posed constitutional  amendment  hereto  attached  and  male  a  part 
of  this  message,  if  submitted  promptly  and  adopted  will  lay  the 
foundation  of  a  great  system  of  education. 

[See  H.  J.  R.  28  below.] 

February  10,  1913,  H.  J.,  p.  .->!(»;  S.  .J.  p.  540 

In  the  message  to  you  under  date  of  February  5,  discussing  pub- 
lic education,  I  gave  figures  showing  the  total  expenditures  by  the 
University  of  Texas,  and  by  the  Agricultural  and  Mechanical  College, 
the  total  attendance  for  the  three  school  years  beginning  September 
1,  1910,  1911,  and  1912,  and  the  average  cost  per  capita  for  stu- 
dents enrolled. 

I  called  upon  the  Presidents  of  these  institutions  for  information 
upon  which  the  per  capita  cost,  as  stated  in  the  message,  was  1 
but  the  figures  used  are  inaccurate,  and  I  have  revised  them  and 
eliminated  the  attendance  upon  the  summer  sessions  of  the  Uni- 
versity and  corrected  the  enrollment  of  the  Agricultural  and  Mechan- 
ical College,  and  ask  that  the  Senate  Journal  on  page  351,  and 
House  Journal  on  page  436  be  corrected  so  as  to  read  as  follows, 
under  the  subheading  "Attendance  and   per  Capita  Cost": 

1910  1911  L912 

Enrollment    at    University 1939  2332 

Per  capita   cost $24S.S6  $214.35  5300.56 

The  enrollment  at  the  Agricultural  and  Mechanical  College  for 
three  years  and  per  capita  cost  is  as  follows: 

1910  1911  1912 

Enrollment    1080  1129  1001 

Per  capita  cost , $410.75  $62084  $7 

Respectfully  submitted, 

O.  B.  COLQUITT, 
Governor  of  Texa  3. 

The  Speaker  stated  that  if  there  was  no  objection,  the  .Journal 
Clerk  would  be  instructed  to  make  the  corrections  requested  by  the 
Governor. 

No  objection  was  offered. 

PROCEEDINGS  IN  THE  LEGISLATURE 

H.  B.  256 — By  Messrs.  Bulges  and  Harris. 

To  provide  for  the  development  of  the  minerals  in  public  Ian  Is 
owned  by  the  State  or  sold  with  reservation  of  the  minerals  ill 


4^4  University  of  Texas  Bulletin 

Passed  House.     H.  J.,  p.  2049;  S.  J.,  p.  1774. 
H.  B.  307 — By  Mr.  Jordan. 

To  require  fire  drills  in  schools  and  colleges. 

Passed  House.     H.  J.,  p.  2051;  S.  J.,  p.  1775. 
H.  B.  333 — By  Messrs.  Harris,  Grindstaff,  Humphrey,  Patton,  Ussery, 

Stone,  Barret  of  Titus,  Burns,  Coffey  and  Fields. 

To  abolish  fraternities  in  'the  University  of  Texas. 

Printed.     H.  J.,  p.  2052. 
H.  B.  342 — By  Messrs.  Wagstaff,  Henry,  Househoulder,  and  Haney. 

To  establish  a  department  of  dentistry  in  the  University  of  Texas. 

Referred  to  Committee  on  Education.     H.  J.,  p.  2052. 
H.  B.  349 — By  Messrs.  Burges  and  Harris. 

To  create  a  State  School  of  Mines  and  Metallurgy. 

Favorably  reported,  H.  J.,  p.  2052. 
H.  B.  406 — By  Messrs.  Burges  and  Rowell. 

Relating  to  the  governing  board  of  the  University  of  Texas  and  of 
the  State  Normal  Schools. 

Favorably  reported.     H.  J.,  p.   2  05  6. 
H.  B.  446 — By  Messrs.  Wagstaff,  Henry,  Househoulder,  Haney,  and 

Macgill. 

To  establish  a  department  of  dentistry  In  the  University  of  Texas. 

Referred.     H.  J.,  p.  2058. 
H.  B.  468 — By  Mr.  Haney. 

To  empower  the  Board  of  Regents  of  the  University  of  Texas  to 
prescribe  the  designation  and  organization  of  the  several  schools 
of  said  institution. 

Favorably  reported.     H.  J.,  p.  2059. 
H.  B.  471 — By  Messrs.  Jordan,  Dove,  and  Walker. 

To  prohit  the  practice  of  hazing  in  the  State  educational  institu- 
tions. 

Adversely  reported.     H.  J.,  p.  2059. 
H.  J.  R.   18 — By  Messrs.  Calvin  and  Hill. 

To  amend  Sections  49  and  5  2  of  Article  3  of  the  Constitution 
authorizing  the  issuance  of  bonds  and  the  levying  of  a  tax  to  pay 
the  interest  and  sinking  fund  on  same  for  public  improvements. 

Favorably  reported.     H.  J.,  p.  2083. 
H.  J.  R.  23* — By  Messrs.  Terrell  and  Haney. 

To  provide  for  a  more  efficient  system  of  public  education. 

Referred.     H.  J.,  p.  2084. 
H.    J.    R.    28 — By    Messrs.    Terrell,    Haney,    Fountain,    Yarbrough, 

Foster,  Humphrey,  BruceJ  Bulges,  and  Macgill. 

To  provide  for  a  more  efficient  system  of  public  education. 

Failed  after  Free  Conference  Committee  agreed.  H.  J.,  p.  2084; 
S.  J.,  p.    1789. 


A  Source  Book  of  the  University  of  Texas  4sr> 

[Sections  9-14  of  this  Joint  Resolution,  which  was  also  part  of  the 
Governor's  message  of  February  5,  read  as  follows:] 

Sec.  9.  The  Legislature  shall  provide  for  the  establishment  and 
organization  of  the  University  of  Texas;  and,  for  its  development, 
maintenance  and  support,  shall  make,  by  special  tax  levy,  and  by 
appropriation  of  same  and  by  University  bond  issue,  or  by  any  or  all 
of  them,  such  provision  in  addition  to  that  heretofore  made  and  made 
herein,  as  may  be  necessary  for  the  promotion  of  literature  and  the 
arts  and  sciences,  pure  and  applied,  in  a  university  of  the  first  class. 
A  Board  of  Regents,  composed  of  nine  members,  to  be  appointed  by 
the  Governor,  is  hereby  created,  and  it  shall  have  general  executive 
control  of  the  University  of  Texas.  The  Board  of  Regents  shall 
designate  the  officers  of  administration  and  instruction;  shall  deter- 
mine their  salaries  and  the  compensation  of  all  employes;  establish 
departments,  subdivisions,  libraries,  laboratories,  experiment  and 
research  organizations  and  other  agencies  for  higher  education  and 
research;  shall  set  aside  and  create  out  of  university  revenues  a 
student  loan  fund  as  may  be  provided  by  law,  and  perform  other 
duties  as  the  Legislature  may  prescribe. 

Sec.  10.  The  principle  of  all  bonds  and  other  funds,  all  lands  and 
other  property,  and  the  principle  arising  from  the  sale  of  lands  here- 
inbefore set  apart  for  the  University  of  Texas,  shall  constitute  the 
permanent  University  fund.  All  the  interest  derivable  therefrom, 
and  the  taxes  herein  authorized  to  be  levied,  shall  be  the  available 
fund,  and  shall  be  annually  applied  to  the  support  of  the  University 
of  Texas  and  to  meet  its  obligations.  The  purchase  price  or  the 
proceeds  from  the  sale  of  the  University  lands  shall  be  invested  as 
now  authorized  by  law  for  the  investment  of  the  permanent  school 
fund,  or  in  real  estate  and  improvements  thereon.  The  Board  of 
Regents,  with  the  concurrence  of  the  Governor,  are  hereby  authorized 
to  issue  bonds  to  be  signed  and  sold  by  the  Governor  to  acquire 
additional  grounds  and  for  the  erection  of  adequate  buildings,  and 
may  secure  such  bonds  by  pledging  any  part  or  all  of  the  permanent 
fund  of  the  University  of  Texas.  The  income  from  and  the  interest 
on  the  permanent  University  fund,  and  on  deferred  payments  from 
the  sale  of  University  lands,  are  appropriated  and  upon  receipt  shall 
be  available  for  creating  a  sinking  fund  with  which  to  redeem  bonds 
at  maturity,  and  to  pay  interest  on  same,  and  for  the  development, 
maintenance  and  support  of  the  University.  The  one-tenth  of  the 
alternate  sections  of  the  lands  granted  to  railroads,  reserved  by  the 
State,  which  were  set  apart  and  appropriated  t<>  the  establishment 
of  the  University  of  Texas,  by  an  act  of  the  Legislature  of  Feb- 
ruary 11,  1858,  entitled  '"An  Act  to  establish  'The  University  of 
Texas',"  shall  not  be  included  in  or  constitute  a  part  of  the  p. Tin  i- 
nent  University   fund. 


486  University  of  Texas  BuHetvn 

Sec.  ll.  The  two  million  acres  of  land  heretofore  set  apart  by 
the  original  Section  15,  of  Article  7  of  the  Constitution  and  by  the 
Act  of  April  10,  1883,  are  hereby  set  apart  and  appropriated  for  the 
endowment,  maintenance  and  support  of  the  University  of  Texas; 
and  said  lands  shall  be  sold  under  the  same  regulations  and  the 
proceeds  invested  in  the  same  manner  as  provided  for  the  sale  and 
investment  of  the  other  parts  of  said  permanent  University  fund. 
All  lands  heretofore  granted  and  set  aside  for  the  benefit  of  the 
lunatic,  blind,  deaf  and  dumb  and  orphan  asylums,  and  the  accumu- 
lations from  same,  are  hereby  transferred  and  set  apart  as  an  addi- 
tional endowment  fund  for  the  University  of  Texas,  and  the  income 
from  same  is  hereby  made  available  for  its  support,  and  said  lands 
shall  be  under  the  management  and  control  of  the  Board  of  Regents 
of  the  University.  The  Legislature  may  provide  for  the  sale  of  these 
lands  and  the  investment  of  the  proceeds  in  the  manner  as  pro- 
vided for  the  sale  and  investment  of  school  lands  in  Section  4  of  this 
article,  and  the  Legislature  shall  not  have  the  power  to  grant  any 
relief  to  the  purchasers  of  said  lands. 

Sec.  12.  The  Agricultural  and  Mechanical  College  of  Texas  is 
hereby  constituted  an  independent  college.  The  Legislature  shall 
provide  for  its  establishment  and  organization,  and  for  its  develop- 
ment, maintenance  and  support  shall  make,  by  tax  levy,  and  appro- 
priation of  same  by  Agricultural  and  Mechanical  College  bond  issue, 
or  by  any  or  all  of  them,  such  provision,  in  addition  to  that  heretofore 
made  and  made  herein,  as  may  be  necessary  for  the  accomplishment 
of  the  leading  object  and  design  in  establishing  said  Agricultural 
and  Mechanical  College,  which,  without  excluding  engineering  and 
classical  studies,  shall  be  to  teach  and  develop  those  branches  of 
learning  related  to  agriculture,  the  mechanical  arts,  and  the  natural 
sciences  connected  therewith,  and  military  tactics  and  science.  The 
Prairie  View  Normal  School  and  Industrial  College  for  Colored 
Youths  is  hereby  established  and  made  a  branch  of  the  Agricultural 
and  Mechanical  College  of  Texas.  A  board  of  regents,  composed 
of  nine  members,  is  hereby  created.  The  board  of  regents  shall 
have  general  executive  control  of  the  Agricultural  and  Mechanical 
College  of  Texas  and  shall  be  appointed  by  the  Governor.  The 
board  of  Regents  shall  designate  the  officers  of  administration  and 
instruction;  shall  determine  their  salaries  and  the  compensation  of 
all  employes;  establish  departments,  subdivisions,  libraries,  labora- 
tories, experiment  and  research  organizations,  and  other  agencies  for 
higher  education  and  research;  shall  set  aside  and  create  out  of  the 
Agricultural  and  Mechanical  College  revenues  a  student  loan  fund, 
as  may  be  provided  by  law,  and  perform  such  other  duties  as  the 
Legislature  may  prescribe. 

Sec.  13.  There  is  hereby  transferred  and  made  a  part  of  the 
permanent  fund  of  the  Agricultural  and  Mechanical  College,  either 


A  Source  Book  of  tin   University  of  Texas  4-^7 

four  hundred  thousand  acres  of  land  of  average  value  taken  from 
the  two  million  acres  heretofore  owned  by,  and  set  apart  to  the  I' Di- 
versity of  Texas,  and  selected  by  a  commission  of  three,  one  of  whom 
shall  be  chosen  by  the  governing  board  of  the  University,  another  of 
wbom  shall  be  chosen  by  the  governing  board  of  the  Agricultural 
and  Mechanical  College,  and  the  third  of  whom  shall  be  chosen  by 
the  Governor  of  the  State;  or,  at  the  option  of  said  commissioner 
representing  the  Agricultural  and  Mechanical  College  in  lieu  of  said 
four  hundred  thousand  acres  of  land,  or  any  part  thereof,  securities 
owned  by  the  University  of  Texas,  adjudged  by  said  commission  of 
three  to  be  equivalent  in  value  of  said  four  hundred  thousand  acres 
of  land  or  any  part  thereof. 

Sec.  14.  The  land  herein  set  apart  to  the  University  of  Texas,  and 
to  the  Agriculture  and  Mechanical  College  of  Texas,  shall  be  sold 
under  such  regulations,  at  such  times  and  on  such  terms  as  may  !>•• 
provided  by  law.  The  Legislature  shall  provide  for  the  prompt  col- 
lection, at  maturity,  of  all  debts  due  on  account  of  University  and 
Agricultural  and  Mechanical  College  lands  heretofore  sold,  or  that 
may  hereafter  be  sold,  arfd  shall  in  neither  event  have  the  power  to 

grant  relief  to  the  purchaser 

H.  J.  R.  39 — By  Mr.  Haney. 

To  amend  the  Constitution  of  Texas  so  as  to  provide  a  more  effi- 
cient system  of  public  instruction. 

Favorably  reported.     H.  J.,  p.  2084. 
S.  B.   93 — By  Mr.  Brelsford. 

To  require  the  Board  of  Regents  of  the  University  of  Texas  to 
establish  a  department  of  dentistry. 

Referred.     S.  J.,  p.  17  28. 
S.  B.  128 — By  Mr.  Hudspeth. 

To  provide  for  prospecting  and  developing  minerals  on  land 
owned  by  the  State  or  by  the  various  State  funds. 

Became  law  after  amendments.     S.  J.,  p.  1730;   H.  J.,  ]>.   2092. 
S.  B.    183 — By  Mr.  Gibson. 

To  create  a  State  School  of  Mines  and  Metallurgy. 

Became  a  law  after  amendment.     S.  J.,  p.   173.".;   H.  J.,  p.  2094. 
S.  B.  203 — By  Messrs.  Darwin  and  Astin. 

TO  fix  the  number  of  members  constituting  the  governing  board 
of  the  University,  Agricultural  and  Mechanical  College,  the  Colleg*e 
of  Industrial  Arts,  and  State  Normal  Schools. 

Became  a  law,  after  amendment.     S.  J.,  p.  1736;   11.  J.,  p.  2094. 
S.  B.  222 — By  Mr.  Nugent. 

To  prohibit  the  practice  of  hazing  in  the  State  educational  institu- 
tions. 

Became  a  law.     S.  J.,  p.  1738;  H.  J.,  p.  2095. 
S.  J.  R.  4 — By  Mr.  Terrell. 


188  University  of  Texas  Bulletin 

To  amend  Section  52  of  Article  3  of  the  Constitution. 

See  S.  J.  R.  18,  S.  J.,  p.  1757;  H.  J.,  p.  2102. 
S.   J.   R.   17 — By  Messrs.   Hudspeth,   Gibson,   Bailey,   Astin,    Murray, 

Darwin,  Carter,  Cowell,  Watson,  Wiley,  Terrell,  Westbrook. 

To  perfect  the  system  of  public  education.     - 

S.  J.,  p.  1758. 

[Same  as  H.  J.  R.  28.] 
S.  J.  R.  18 — By  Mr.  Weinert  et  al. 

To  amend  Sections  49  and  5  2  of  Article  3  of  the  Constitution 
authorizing  issuance  of  bonds  for  public  improvements. 

Submitted  after  amendment.     S.  J.,  p.  1758;   S.  J.,  p.  2102. 

[Numerous  petitions  opposing  the  consolidation  of  the  A.  and  M.  College 
and  University  were  received  from  the  A.  and  M.  College  students,  from 
the  president  of  the  Farmers'  Congress,  and  from  the  citizens  of  various 
localities.] 

GENERAL,    LAWS 

S.  B.  203,  Ch.  103,  pp.  191-192 

An  Act  fixing  the  number  of  members  constituting  the  governing 
boards  of  the  University  of  Texas,  the  Agricultural  and  Mechani- 
cal College  of  Texas,  the  Normal  Colleges,  the  College  of  In- 
dustrial Arts  for  Women,  the  Blind  Institute,  the  Deaf  and 
Dumb  Institute,  the  Deaf,  Dumb  and  Blind  Institute  for  Colored 
Youths,  the  Confederate  Home,  the  Confederate  Woman's  Home, 
the  State  Asylums  for  the  Insane,  the  State  Epileptic  Colony,  the 
State  Orphan's  Home;  fixing  the  term  of  office  of  members  of 
such  boards;   and  declaring  an  emergency. 

Section  1.  The  Board  of  Regents  of  the  University  of  Texas  shall 
be  composed  of  nine  persons,  who  shall  be  qualified  voters;  the 
Board  of  Directors  of  the  Agricultural  and  Mechanical  College  of 
Texas  shall  be  composed  of  nine  persons,  who  shall  be  qualified 
voters;  the  State  Board  of  Regents  of  the  Normal  Colleges  shall  be 
composed  of  six  persons,  who  shall  be  qualified  voters;  the  Board 
of  Regents  of  the  College  of  Industrial  Arts  for  Women  shall  be 
composed  of  six  persons,  three  of  whom  may  be  women;  the  Board 
of  Managers  of  the  Blind  Institute,  the  Deaf  and  Dumb  Institute, 
the  Deaf,  Dumb  and  Blind  Institute  for  Colored  Youths,  the  "Con- 
federate Home,  the  Confederate  Woman's  Home,  of  each  of  the 
Insane  Asylums,  the  Epileptic  Colony  and  the  Orphans'  Home,  shall 
each  be  composed  of  six  members  who  shall  be  qualified  voters. 

Sec.  2.  The  members  of  the  governing  board  of  each  cf  the 
State  institutions  of  higher  education  mentioned  in  Section  1  shall 
be  selected  from  different  portions  of  the  State,  and  shall  be  nom- 
inated by  the  Governor  and  appointed  by  and  with  the  advice  and 
consent  of  the  Senate.  In  event  of  a  vacancy  on  said  Board,  the 
Governor  shall  fill  said  vacancy  until  the  convening  of  the  Legisla- 


A  Source  Book  of  the  University  of  '/'<  cos 

ture  and  the  ratification  by  the  Senate.  The  members  of  each  of 
said  boards  who  shall  be  in  office  at  the  time  this  Act  takes  effect 
shall  continue  to  exercise  their  duties  until  the  expiration  of  their 
respective  terms,  as  shall  be  determined  according  to  requirements 
of  Section  3  of  this  Act,  and  additional  members  shall  be  appointed 
in  the  manner  prescribed  herein  to  fill  out  the  membership  herein 
provided  for. 

Sec.  3.  The  following  members  of  the  several  governing  boards 
shall  be  divided  into  equal  classes,  numbered  one,  two  and  three, 
as  determined  by  each  board  at  its  first  meeting  after  this  Act 
shall  become  a  law,  these  classes  shall  hold  their  offices  two,  four 
and  six  years  respectively,  from  the  time  of  their  appointment. 
And  one-third  of  the  membership  of  each  board  shall  hereafter  be 
appointed  at  each  regular  session  of  the  Legislature  to  supply  the 
vacancies  made  by  the  provisions  c»f  this  Act  and  in  the  manner 
provided  for  in  Section  2,  who  shall  hold  their  offices  for  six  years, 
respectively.  The  duties  of  the  several  governing  board  shall  be 
determined  by  law  heretofore  enacted  or  that  may  hereafter  be 
enacted,  no  changes  in  the  said  duties  being  made  by  this  Act. 

Approved  April  2,  1913. 

S.  B.  222,  Oh.  117,  pp.  239-241 

An  Act  to  prohibit  the  pernicious  practice  of  "hazing"  in  the  - 
educational  institutions,  to  provide  penalties  therefor,  to  pro- 
vide for  the  dismissal  of  teachers,  instructors,  members  of  facul- 
ties, officers  and  directors  of  such  State  institutions  who  permit 
such  practices,  for  their  ineligiblty  for  servce  as  such  teachers, 
instructors,  members  of  faculties,  and  officers  and  directors  for  a 
term  of  years  thereafter,  repealing  all  laws  and  parts  of  laws  in 
conflict  herewith,  and  declaring  an  emergency. 

Section  1.  That  it  shall  be  unlawful  for  any  student  of  the  Uni- 
versity  of  Texas,  of  the  A.  &  M.  College  of  Texas,  of  any  normal 
school  of  Texas,  or  of  any  other  State  educational  institution  of 
this  State,  to  engage  in  what  is  commonly  known  and  recognized 
as  hazing,  or  to  encourage,  aid,  or  assist  any  other  person  thus 
offending. 

For  the  purpose  of  making  plain  what  is  meant  herein  by 
"hazing,"  same  is  defined  as  follows: 

(a)  Any  wilful  act  by  any  one  student  alone  <>i  acting  with 
others,  directed  against  any  other  student  of  such  educational  in- 
stitution, done  for  the  purpose  of  submitting  such  student  made  the 
subject  to  the  attack  committed,  to  indignity  or  humiliation,  without 
his  consent. 

(b)  Any  wilful  act  of  any  one  student  alone,  or  acting  with 
others,  directed  against  any  other  student  of  said  educational  in- 
stitution, done  for  the  purpose  of  intimidating  such  student  attacked 


490  University  of  Texas  Bulletin 

by  threatening  such  student  with  social  or  other  ostracism,  or  of 
Hibmiting  such  student  to  ignominy,  shame,  or  disgrace  among  his 
fellow  students,  and  acts  calculated  to  produce  such  results. 

(c)  Any  wilful  act  of  any  one  student  alone,  or  acting  with 
others,  directed  against  any  other  student  of  such  educational  in- 
stltution,  done  for  the  purpose  of  humbling,  or  that  is  reasonably 
calulated  to  humble  the  pride,  stifle  the  ambition,  or  blight  the 
courage  of  such  student  attacked,  or  to  discourage  any  such  student 
from  longer  remaining  in  such  educational  institution  or  to  reason 
ably  cause  him  to  leave  such  institution  rather  than  submit  to  such 
acts. 

(d)  Any  wilful  act  by  any  one  student  alone,  or  acting  with 
others,  in  striking,  beating,  bruising  or  maiming;  or  seriously  offer- 
ing, threatening,  or  attempting  to  strike,  beat,  bruise  or  maim. 
or  to  do  or  seriously  offer,  threaten,  or  attempt  to  do  physical  vio- 
lence to  any  student  of  any  such  educational  institution,  or  any 
assault  upon  any  such  students  made  for  the  purpose  of  committing 
any  of  the  acts,  or  producing  any  of  the  results  to  such  student 
as  defined  in  subdivisions  (a),  (b),  or  (c)  of  this  Section. 

Sec.  2.  It  shall  be  unlawful  for  any  teacher,  instructor,  mem- 
ber of  any  faculty,  or  any  officer  or  director,  or  a  member  of  any 
governing  board  of  any  of  such  educational  institutions  to  know- 
ingly permit,  encourage,  aid,  or  assist  any  student  in  committing 
the  offense  of  hazing,  or  to  wilfully  acquiesce  in  the  commission 
of  such  offense,  or  to  fail  to  promptly  report  his  knowledge  or  any 
reasonable  information  within  his  knowledge  of  the  presence  and 
practice  of  having  [hazing]  in  the  institution  in  which  he  may  be 
serving,  to  the  executive  head  or  governing  board  of  such  institution, 
and  any  act  of  omission  or  commission  shall  be  deemed  "hazing" 
iinder  the  provisions  of  this  Act. 

Sec.  3.  Any  student  of  any  of  the  said  State  educational  in- 
stitutions of  this  State  who  shall  ccmmit  the  offense  of  hazing, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  and  fifty  dollars,  or  shall  be 
confined  in  the  county  jail  for  not  less  than  ten  days  nor  more 
than  three  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  4.  Any  teacher,  instructor,  or  member  of  any  faculty 
or  officer  or  director  of  any  such  educational  institution  who  shall 
commit  the  offense  of  hazing  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  fifty  dollars  or  not  more  than  five  hundred  dollars, 
or  shall  be  imprisoned  in  the  county  jail  for  a  period  of  not  less 
than  thirty  days  or  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment,  and  in  addition  thereto,  shall  be  immediately 
discharged   and   removed   from   his   then   position   or   office   in   such 


A  Source  Book  of  tin  University  of  Texas  491 

institution,  and  shall  thereafter  be  ineligible  to  reinstatement  or 
re-employment  as  teacher,  instructor,  member  of  faculty,  officer,  or 
director  in  any  such  State  Educational  institution  for  a  period  of 
three  years. 

Sec.  5.  It  is  especially  provided  in  this  Act  that  nothing  berein 
shall  be  construed  as  in  any  manner  affecting  or  repealing  any  of 
the  laws  of  this  State  respecting  homicide,  or  murder  of  any  degree, 
manslaughter,  assault  with  intent  to  murder,  or  aggravated  assault. 

Sec.  6.  That  all  laws  and  parts  of  laws  in  conflict  herewith  as 
hereinafter  [herinbefore]  especially  provided,  be  and  the  same  are 
hereby  in  all  things  repealed. 

Sec.  7.  The  fact  that  there  is  not  now  any  adequate  lav 
prevent  or  stamp  out  the  pernicious  and  dangerous  practice  ol 
hazing  in  our  State  educational  institutions,  where  the  same  has 
been  or  may  hereafter  be  indulged  in,  and  which  practice  is  so 
seriously  menacing  and  calculated  to  menace  the  success,  welfare, 
development,  and  usefulness  of  such  educational  institutions,  and 
calculated  to  lower  the  moral  and  intellectual  standard  of  the 
students  thereof,  creates  an  emergency  and  an  imperative  public 
necessity  requiring  that  the  constitutional  rule  providing  that  hills 
be  read  on  three  several  days  be  suspended,  and  that  this  Act  take 
effect  and  be  in  force  from  and  after  its  passage,  and  it  is  so 
enacted. 

Approved  April   3,   1913. 

S.  B.    128.      Ch.    173,  pp.  409-419 

An  Act  relating  to  prospecting  and  developing  minerals  on  land 
owned  by  the  State  of  Texas,  by  the  public  free  school  fund  and 
University  and  Asylum  funds,  and  upon  such  land  as  the  State 
has  heretofore  sold  or  may  hereafter  sell  with  reservation  of 
the  mineral  therein  and  upon  "such  land  as  may  have  been  pur- 
chased with  the  waiver  of  mineral  rights;  and  also  the  prospect- 
ing and  development  of  minerals  in  fresh  water  lakes  and  in 
islands,  bays,  marshes,  reefs,  and  salt  water  lakes;  relating  to 
the  disposition  of  the  minerals  and  mineral  rights  therein;  author- 
izing the  lease  of  such  lands  and  the  mineral  rights  therein;  pro- 
viding royalties  and  other  compensation  to  be  paid  to  the  S 
therefor;  appropriating  to  certain  funds  the  proceeds  arising  from 
such  development;  authorizing  the  adoption  of  rules  anil  regula- 
tions to  carry  out  the  provisions  of  this  Act;  providing  penalties 
for  violations  of  the  provisions  of  this  Act;  prescribing  terms 
upon  which,  and  the  method  by  which,  access  to  mineral  deposits 
may  be  acquired  by  condemnation  or  otherwise;    repealing  Chap- 


492  University  of  Texas  Bulletin 

ter    1,    Title   93,   of   the  Revised   Civil   Statutes   adopted  in   1911, 
and  declaring  an  emergency. 

[No  University  lands  have  been  so  far  affected  by  this  law,  which  is 
i  herefore  omitted.] 

Approved   April   9 ,    1913. 

S.    li.    18:?.      Ch.    178,   pp.    427-429 

An  Act  creating  a  State  School  of  Mines  and  Metallurgy,  for  the 
purpose  of  teaching  the  scientific  knowledge  of  mining  and  metal- 
lurgy in  the  State  of  Texas,  to  the  end  that  the  mineral  wealth, 
oil,  etc.,  may  be  developed  upon  the  State  school  lands  of  this 
State,  and  declaring  an  emergency. 

Section  1.  A  School  of  Miners  [Mines]  and  Metallurgy  is  hereby 
created  for  the  State  of  Texas;  said  to  be  located  and  established 
in  or  near  the  City  of  El  Paso  provided  citizens  of  the  City  of  El 
Paso  shall  make  and  execute  unto  the  State  of  Texas  a  deed  to 
the  tract  of  land  comprising  twenty-one  acres  of  land,  more  or 
less,  now  comprised  in  the  reservation  of  the  El  Paso  Military  In- 
stitute, adjacent  to  the  Fort  Bliss  Military  Reservation,  together 
with  the  buildings  and  improvements  thereon  situated,  to  be  used 
for  the  site  and  exclusive  occupancy  of  said  school.  Said  school 
shall  be  under  the  supervision  of  the  Board  of  Regents  of  the  Uni- 
versity of  .the  State  of  Texas  and  the  faculty  of  said  school  shall 
be  appointed  by  the  Board  of  Regents  of  the  University  of  Texas 
within  ninety  days  after  this  Act  shall  take  effect,  and  such  ap- 
pointees shall  hold  their  positions  for  a  term  of  two  years  and  until 
their  successors  are  appointed  ar.d  qualified. 

Sec.  2.  The  principal  purpose  of  said  school  of  miners  [mines] 
shall  be  to  teach  such  branches  in  mining  and  metallurgy  as  will 
give  a  thorough  technical  knowledge  of  mines  and  mining,  and  all 
subjects  pertaining  thereto,  including  physics  and  mining,  engineer- 
ing, mathematics,  chemistry,  geology,  minerology,  metallurgy,  the 
subject  of  shop  work  and  draining,  drawing,  the  technical  knowledge 
of  properties  of  mine  gases,  assaying,  surveying,  drafting  of  maps 
and  plans,  and  such  other  subjects  pertaining  to  mining  engineering 
as  may  add  to  the  safety  and  economical  operation  of  miners  [mines] 
within  this  State. 

Sec.  3.  The  Schools  of  Miners  [Mines]  and  Metallurgy  herein 
provided  for,  shall  have  a  separate  and  distinct  faculty. 

Sec.  4.  The  faculty  of  the  School  of  Miners  [Mines]  and  Metal- 
lurgy shall  have  the  power,  under  the  direction  of  the  Board  of 
Regents  herein  provided,  to  confer  degrees  and  issue  diplomas  and 
fix  a  standard  of  grades  for  all  students  attending  said  school  of 
miners   [mines,]   and  the  faculty  will  also  have  the  power  to  make 


A  Source  Book  of  the  University  of  Texas  493 

such  rules  and  regulations  for  the  proper  control  and  management 
of  the  school  as  they  may  deem  necessary. 

Sec.  5.     The    School    of    Miners   [Mines]  and  Metallurgy  shall  have 
regular  courses  leading  to  degrees,  and  such  other  special  courses 
as  the  faculty  may  deem  necessary.     The  regular  course  shal 
tend  over  a  period  of  two  years. 

Skc.  7.  At  the  close  of  each  school  year  the  Board  of  R<  g< 
shall  require  the  faculty  of  said  school  to  make  a  report  to  them 
of  the  workings  and  progress  of  said  school,  and  the  Board  of  Re- 
gents in  turn  shall  make  a  report  to  the  Governor  in  detail,  exhibit- 
ing  the  progress,  condition  and  wants  of  the  several  departments 
of  instruction  in  said  school.  The  course  of  study  in  each  and 
number  of  names  of  the  officers  and  students,  the  amount  of  re- 
ceipts and  disbursements,  together  with  the  nature,  cost  and  re- 
sults of  all  important  experiments  and  investigations,  and  such 
other  matters,  including  special  industrial  and  economical  statis-  ' 
tics  as  may  be  thought  useful.  The  Board  of  Regents  shall  cause 
the  same  to  be  printed  for  the  use  of  the  Legislature  and  the  people 
of  the  State,  and  shall  cause  one  copy  of  same  to  be  transmitted  by 
mail  to  the  Secretary  of  the  Interior  and  one  copy  to  the  Commis- 
sioner of  Labor  at  Washington  City,  and  one  copy  to  the  Commis- 
sioner of  Labor  and  Chief  Mine  Inspector  of  the  State. 

Sec.  8.  The  Board  of  Regents  as  herein  provided  shall  fix 
terms  and  tuition  to  be  charged  students  in  this  school,  and  all 
moneys  received  from  said  tuition  as  or  in  any  way  from  said  school, 
over  and  above  that  necessary  for  the  actual  maintenance  and  carry- 
ing on  of  said  school  shall  be  returned  to  the  State  Treasury  to  re- 
imburse the  State  for  the  appropriation  now  made. 

Sec.  9.  For  the  purpose  of  putting  this  school  in  operation  there 
is  hereby  appropriated  out  of  any  money  in  the  State  Treasury,  not 
otherwise  appropriated,  the  sum  of  fifteen  thousand  dollars  for  the 
use  and  benefit  of  said  School  of  Miners  [Mines]  and  Metallurgy, 
and  the  State  Comptroller  is  hereby  empowered,  authorized  and 
directed  to  issue  warrants  upon  the  State  Treasury  to  the  Stat.' 
Treasurer  for  the  payment  of  the  sum  herein  appropriated  to  the 
said  Board  of  Regents,  herein  created  for  the  location,  support,  and 
maintenance  of  said  School  of  Miners    [Mines]    and   Metallurj 

Approved  April  16,  1913. 

S.  J.  R.  18,  pp.  457^*58 

Te    be   entitled    a   joint   resolution    proposing   and    submitting 

vote  of  the  people  of  Texas  an  amendment  to  Sections  4  9  and   52 
of  Article  3  of  the  Constitution,  authorizing  the  issuance  of  l 
and  the  levying  of  a  tax  to  pay  the  interest  and  sinking  fund  on 
same  for  public  improvements. 


4!>4  I  niversity  of  Texas  Bulletin 

Section  l.  Thai  Sections  lit  and  52  of  Article  ?>  of  the  Constitu- 
tion of  Texas  be  amended  so  as  to  hereafter  read  as  follows,  to  wit: 

Section  4  9.  No  debt  shall  be  created  by  or  on  behalf  of  the  State 
except  to  supply  casual  defficiencies  of  revenue,  repel  invasion,  sup- 
press insurrection  and  defend  the  State  in  war  or  pay  existing  debts, 
and  no  debt  created  to  supply  deficiencies  in  current  revenues  shall 
ever  exceed  in  the  aggregate  at  any  one  time  $500,000.00.  The  Leg- 
islature however  shall  have  power  to  authorize  the  issuance  of  bonds 
to  be  approved  by  the  Governor  for  the  purpose  of  purchasing  addi- 
tional ground  and  erect  necessary  buildings  for  the  University  of 
Texas  including  a  medical  department  and  an  Agricultural  and 
Mechanical  College  and  all  departments  and  activities  of  a  complete 
university  of  the  first  class.  The  revenue  received  from  the  perma- 
nent University  fund  shall  be  available  for  the  payment  of  interest 
on  these  bonds  and  for  the  creation  of  a  sinking  fund  for  their  re- 
demption at  maturity  and  the  Legislature  shall  also  have  power  to 
issue  bonds  for  the  construction  of  necessary  buildings  for  State 
institutions.  The  Legislature  shall  also  have  the  power  to  authorize 
the  issuance  of  bonds  secured  by  lien  on  the  real  property  of  the 
penitentiary  system  to  be  approved  by  the  Governor  for  the  purpose 
of  constructing  buildings  and  making  permanent   improvements. 

Section  52.  The  Legislature  shall  have  no  power  to  authorize  any 
county,  city,  town  or  other  political  corporation  or  subdivision  of 
the  State  to  lend  its  credit  or  to  grant  public  money  or  thing  of 
value  in  aid  of  or  to  any  individual,  association  or  corporation  what- 
soever or  to  became  a  stockholder  in  such  corporation,  association 
or  company;  provided,  however,  that  under  legislature  provisions 
any  county,  any  political  subdivision  of  a  county,  any  number  of 
adjoining  counties  or  any  political  sub-division  of  the  State  or  any 
defined  district  now  or  hereafter  to  be  described  and  Refined  within 
the  State  of  Texas  and  which  may  or  may  not  include  towns, 
villages  or  municipal  corporations  upon  a  vote  of  a  majority  of  the 
resident  property  taxpayers  voting  thereon  who  are  qualified  electors 
of  such  district  or  territory  to  be  affected  thereby  in  addition  to  all 
other  debts  may  issue  bonds  or  otherwise  lend  its  credit  in  any 
amount  not  to  exceed  one-fourth  of  the  assessed  valuation  of  the  real 
property  of  such  district  or  territory,  except  in  case  of  improvement  of 
rivers,  creeks,  and  streams,  in  building  of  levees  to  prevent  overflows, 
in  ivnicli  case  the  bonded  indebtedness  may  be  for  an  amount  not  to 
exceed  one-half  of  the  assessed  valuation  of  the  lands  of  the  district 
to  be  reclaimed;  and,  except  further,  that  the  total  bonded  indebted- 
ness of  any  city  or  town  shall  never  exceed  the  limits  imposed  by 
other  provisions  of  this  Constitution,  and  levy  and  collect  such  taxes 
to  pay  the   interest  thereon   and   provide  a   sinking   fund   for  the   re- 


.1  Soura  Book  of  the  University  qf  Texas  4!i"> 

demption  thereof  as  the  Legislature  may  authorize  and  in  such  iuai.u  r 
as  it  may  authorize  the  same  ft  r  rhe  following  purj  wit: 

(a)  The  improvement  of  rivers,  creeks  and  streams  to  prevenl 
flows,  and  to  permit  of  navigation  thereof  or  irrigation  therefro 
in  aid  of  such  purposes. 

(b)  The  construction  and  maintenance  of  pools,   lal  roirs, 
dams,  canals  and  waterways  for  the  purposes  of  irrigation,  drainag 
or  navigation  or  in  aid  thereof. 

(c)  The  construction,  maintenance  and  operation  of  bridges  <tn<l 
macadamized,  graveled,  sandy-clay,  or  clayed-scmd  or  paved  n  ads  and 
turn-pikes,  or  in  aid  thereof. 

(d)  The  construction,  maintenance,  and  operation  of  public 
houses  or  in  aid  thereof. 

[Storing,  handling,  classing,  measuring,  weighing,  elevating  and 
loading  agricultural  products.  Provided  the  Legislature  may  estab- 
lish such  means  and  agencies  as  may  be  necessary  for  accomplishing 
the  purpose  of  this  amendment  and  if  a  State  warehouse  commission 
be  provided  for  their  term  of  office  shall  be  fixed  by  the  Legslature.] 

Sec.  2."  [Provides  for  the  election  to  be  held  on  the  third  Saturday  in 
July,  1913,  and   provides  the   form  oi    ballot.] 

Pec.  3.  [Provides  that  the  Governor  issue  the  election  proclamation  and 
appropriates  $5000  for  the  expenses  of  the  election.] 

Passed  Senate,  21  to  3;    House,   113   to   2.      Approved    March 
1913. 

IS.  .1.  R.  4  differs  from  S.  .1.  R.  is  only  in  that  it  lacks  the  words  Itali- 
cised above,  and  has  in  addition  the  passages  enclosed  in  bracket 

[At  the  election  held  July  19,  1913,  three  proposed  constitutional 

amendments   were    voted    upon:       Section    7,    Article    5;    Sectioi 
Article    16;    Sections   49    and    52,    Article   3.      Each    amendment 
defeated:    the   first,   providing   additional    qualifications    for    District 
Judges,  25,329  to  112,548;   the  second,   providing  a  salary  as  com- 
pensation of  State  and  county  officers,  29,367  to  108,254;   the  third, 
19,745   to   120,734.] 

Report  of  the  Secretary  of  State,   1914,  pp.   142-1  15 


496  University  of  Texas  Bulletin 

THIRTY-THIRD  LEGISLATURE,  FIRST  CALLED  SES- 
SION, JULY  21  TO  AUGUST  19,  1913 

MESSAGE  OF  GOVERNOR  O.  B.  COLQUITT 

August  12,  1913;  H.  J.,  p.  264;  S.  J.  p.  280 

I  submit  the  following  additional  subjects  for  legislation: 

22.  The  passage  of  a  bill  to  be  entitled,  "An  Act  providing  for 
the  construction  of  necessary  buildings  for  the  University  of  Texas; 
for  the  raising  of  the  necessary  funds  for  such  purpose  by  the  crea- 
tion of  the  University  Texas  Building  Fund  out  of  the  income  of  the 
permanent  University  endowment  and  other  revenue  producing 
funds  and  out  of  the  other  sources  of  revenue  from  properties  of 
the  University  and  the  issuance  and  sale  of  certificates  against  said 
University  of  Texas  Building  Fund  so  created;  and  authorizing  the 
expenditure  of  the  proceeds  of  said  certificates  in  payment  for  the 
construction  of  the  buildings  authorized  and  permitted  under  the 
act;  creating  the  Board  of  Building  Commissioners,  whose  duty  it 
is  to  supervise  the  construction  of  the  necessary  buildings  under  the 
act  and  the  expenditure  of  the  funds  provided  therefor,  and  further 
defining  the  duties  and  authority  of  said  Board  of  Building  Com- 
missioners and  fixing  their  salary;  prescribing  certain  duties  for 
carrying  into  effect  the  provisions  of  this  act  of  the  Governor  of 
the  State,  the  Attorney  General,  the  Superintendent  of  Public  In- 
struction, the  President  of  the  University  of  Texas  and  the  Presi- 
dent of  the  Board  of  Regents  of  the  University  of  Texas,  and  con- 
ferring certain  authority  upon  the  Board  of  Regents  of  the  Univer- 
sity of  Texas;  making  an  appropriation  of  funds  derived  from  the 
sale  of  the  certificates  herein  provided  for  for  the  erection  of  the 
buildings  and  carrying  out  the  provisions  of  this  act,  and  declaring 
an  emergency. 

PROCEEDINGS  IN  THE   LEGISLATURE 

H.  B.   14 — By  Mr.  Wortham. 

Educational  appropriation  bill. 

Became  a  law  after  Free  Conference  Committee.     H.  J.,  p.   544; 

S.  J.,  p.  603. 

H.  B.  4  6 — By  Messrs.  Rowell,  Blalock,  and  Furrh: 

To   provide   for  the   development    of     the     minerals   in   the   public 
iands. 

Became  a  law.     H.  J.,  p.  546;   S.  J.,  p.  604. 
S.  B.  2  9 — By  Mr.  Nugent. 


A  Source  Book  of  the  University  of  Terns  4!', 

To  prohibit  the  creation  of  deficiencies  by  the  regents  and  boards 
of  managers  of  the  various  institutions  of  the  State. 

Became  a  law.     S.  J.,  p.  596;  H.  J.,  p.  552. 
S.  B.  37 — By  Mr.  Carter. 

To  develop  minerals  on  the  public  lands. 

Favorably  reported.     S.  J.,  p.  597. 
S.   B.   39 — By  Mr.  Warren. 

To  provide  for  sufficient  funds  for  the  constitution  of  neces 
buildings  for  the  University. 

Endowment  income  between   1913  and   1928  to  be  the  basis  for 
issuing  not  over   $2,000,000   of  bonds  bearing   5    per  cent   int. 
proceeds  from   the   sale   of  the  bonds   to   be  used    to   build   a   main 
building   to    cost   not   less   than    $1,250,000,    a   dormitory    for 
girls,  etc.,  under  the  supervision  of  an  architect  of  national  reputa- 
tion. 

Passed  Senate.     S.  J.,  p.   598. 

August  13,  1913;  S.  J.  p.  310 

A  petition  numerously  signed  by  citizens  of  Center  urging  liberal 
appropriations  for  the  State  University. 

GENERAL  LAWS 

H.  B.   Ui:  Ch.  18,  pp.  26-28 

An  Act  to  amend  Sections  3,  4,  and  10  of  Chapter  173  of  the  Acts 
of  the  regular  session  of  the  Thirty-third  Legislature  of  the  State 
of  Texas,  approved  April  9,  1913,  and  entitled  an  act  relating  to 
prospecting  and  developing  minerals  on  land  owned  by  the  State 
of  Texas,  by  the  public  free  school  fund  and  University  Asylum 
funds,  and  upon  such  land  as  the  State  has  heretofore  sold  or 
may  hereafter  sell  with  reservation  of  the  mineral  therein  and 
upon  such  land  as  may  have  been  purchased  with  the  waiver 
of  mineral  rights;  and  also  the  prospecting  and  development  of 
minerals  in  fresh  water  lakes  and  in  islands,  bays,  marshes,  reefs, 
and  salt  water  lakes;  relating  to  the  disposition  of  the  minerals 
and  mineral  rights  therein;  authorizing  the  lease  of  such  lands 
and  the  mineral  rights  therein;  providing  royalties  and  other 
compensation  to  be  paid  to  the  State  therefor;  appropriating  to 
certain  funds  the  proceeds  arising  from  such  development;  au- 
thorizing  the  adoption  of  rules  and  regulations  to  carry  out  the 
provisions  of  this  Act;  prescribing  terms  upon  which,  and  the 
method  by  which,  access  to  mineral  deposits  may  be  acquired  by 
condemnation  or  otherwise;  repealing  Chapter  1,  Title  93,  of 
the  Revised  Civil  Statutes  adopted  in  1911,  and  declaring  an 
emergency. 

32 — 227 


498  University  of  Texas  Bulletin 

[No  University  lands  have  so  far  been  affected  by  this  law,  which  is 
i  herefore  omitted.] 

S.  B.   29;    Oh.  22,   pp.   32-33 

An  Act  to  prohibit  the  creation  of  deficiencies  or  debt  in  the  name 
of  the  State  by  regents,  directors,  officers  or  members  of  govern- 
ing boards  of  any  of  the  educational  or  eleemosynary  institutions 
of  the  State  of  Texas:  to  prohibit  the  making  of  any  contract 
or  of  the  creating  of  any  debt  inconsistent  with  the  existing  laws, 
making  invalid  all  such  contracts  and  debts,  prohibiting  the  di- 
verting of  funds,  providing  for  penalties  for  violations  of  this 
act,  repealing  all  laws,  and  parts  of  laws  in  conflict  herewith,  and 
declaring  an  emergency. 

Section  1.  That  it  shall  hereafter  be  unlawful  for  any  regent, 
or  regents,  director  or  directors,  officer  or  officers,  member  or 
members,  of  any  educational  or  eleemosynary  institution  of  the 
State  of  Texas,  to  contract  or  provide  for  the  -erection  or  repair  of 
any  building,  or  other  improvement  or  the  purchase  of  equipment 
or  supplies  of  any  kind  whatsoever  for  any  such  institution,  not 
authorized  by  specific  legislative  enactment,  or  written  direction  of 
the  Governor  of  ths  State  acting  under  and  consistent  with  the 
authority  of  existing  jaws,  or  to  contract  or  create  any  indebtedness 
or  deficiency  in  the  name  of  or  against  this  State,  not  specifically 
authorized  by  legislative  enactment,  or  to  divert  any  part  of  any 
fund  provided  by  law  to  any  other  fund  or  purpose  than  that  speci- 
fically named  and  designated  in  the  legislative  enactment  creating 
surh  fund,  or  provided  for  in  arry  appropriation  hill. 

Sec.  2.  That  any  and  all  contracts,  debts,  or  deficiencies  created 
contrary  to  the  provisions  of  this  act  shall  be  wholly  and  totally 
void,  and  shall  not  be  enforceable  against  this  State. 

Sec  3.  That  any  regent,  director,  officer  or  member  of  any 
governing  board  of  any  educational  or  eleemosynary  institution,  who 
shall  violate  this  act  shall  be  at  once  thereafter  removed  from  his 
position  with  such  institution,  and  shall  not  thereafter  be  eligible 
to  hold  said  position,  and  in  addition  thereto  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  imprisonment  in  the  county 
jail  for  a  period  o'  not  iess  than  ten  days,  nor  more  than  six  months, 
the  venue  of  such  case  to  be  in  the  county  in  which  may  be  located 
the  institution  affected  by  such  acts  of  such  offender. 

Sec.   4.     That  all  laws  and  parts  of  laws  in  conflict  herewith  be, 
aud  the  same  are  in  all  things  repealed. 
Approved  August  19,    1913. 

H.  B.  14;   Gh.  43,  pp.   180-181 

An  Act  making  appropriations  to  pay  the  salaries  of  officers  and 
employes     of     certain     educational     institutions     and     other     ex- 


A  Source  Book  of  the  University  of  Texas 

penses  of  maintaining  and  conducting  them,  as  follows,  to  wit: 
University  of  Texas;  Agricultural  and  Mechanical  College;  State 
Experiment  Station;  Prairie  View  Normal;  College  of  Industrial 
Arts  for  Women;  San  Houston  Normal  Institute;  North  Texas 
State  Normal;  Southwest  Texas  Normal  School,  and  West  Texas 
Normal   School,    and    declaring  an   emergency. 

The  University  of  Texas 

For  the  Years  Ending 
Aug.31,1914   Aug.  31,  1915 

For  the  maintenance,  support  and  direc- 
tion of  the  University  of  Texas,  includ- 
ing the  Medical  Department  at  Galves- 
ton, including  repairs,  extensions,  im- 
provements and  buildings  for  the  years 
beginning  September  1,  1913,  and  end- 
ing August  31,  1915;  all  the  available 
University  funds,  including  interest 
from  its  bonds  and  land  notes,  endow- 
ments and  donations,  all  gifts  and  fees 
collected  and  all  receipts  whatsoever 
from  any  source. 

Provided,  however,  that  the  Board  of  Re- 
gents of  the  University  of  Texas  shall 
set  aside  and  appropriate  out  of  the  in- 
come from  the  permanent  University 
fund  the  sum  of  $65,000  to  be  ex- 
pended by  said  Board  of  Regents  for 
the  erection  of  a  nurse's  home  in  con- 
nection with  the  John  Sealy  Hospital 
at  Galveston,  Texas. 

For  the  maintenance,   support   and   direc- 
tion of  the  University  of  Texas,  includ- 
ing   the    Medical    College    at    Galveston, 
for  the  two  years  beginning  September 
1,   1913,   and  ending  August   31,    1915, 

from  the  general  revenue $658,300.00    »|700,250  00 

♦Vetoed  by  the  Governor. 

Bureau  of  Economic  Geology  and  Technology 

For  field  work,  printing  bulletins  of  arte- 
sian and  other  underground  waters, 
preparation    of    general    report    on    the 


500  University  of  Texas  Bulletin 

mining  resources  of  the  State,  prepar- 
ation of  a  geological  and  mineral  map 
of  the  State,  for  the  completion  of  work 
on  the  fuels  of  the  State,  for  publica- 
tions, mapping,  help,  etc *12,500.00  12,500.00 


Total $670,800.00      $712,750.00 

The  appropriations  herein  provided  for  are  to  be  construed  as 
the  maximum  sums  to  be  appropriated  to  and  for  the  several  pur- 
poses named  herein,  and  no  expenditures  shall  be  made,  nor  shall 
any  obligations  be  incurred  which,  added  to  the  actual  expendi- 
tures, will  exceed  the  amounts  herein  appropriated  for  either  of  the 
said  purposes,  except  under  the  provisions  provided  for  in  Article 
434  2  of  Chapter  2,  Title  65  of  the  Revised  Civil  Statutes  of  1911. 

[The  appropriations  for  A.  &  M.  College  are  subject  to  substantially  the 
same  proviso  as  that  found  in  Chapter  98,  General  Laws  of  the  Twenty- 
third  Legislature,  Regular  Session.] 

Executive  Veto  by*  O.  B.  Colquitt 

August  23,   1913;   pp.  276  277 

The  University  of  Texas 

(1)  On  page  2,  under  the  head  of  "University  of  Texas,"  is  the 
following  item:  "For  the  maintenance,  support  and  direction  of 
the  University  of  Texas,  including  the  Medical  College  at  Galveston, 
for  the  two  years  beginning  September  1,  1913,  and  ending  August 
31,  1915,  from  the  general  revenue,"  $658,300.00  for  the  fiscal 
year  ending  August  31,  1914,  and  $700,250.00  for  the  fiscal  year 
ending  August  31,  1915.  The  item  of  $700,250.00  for  the  fiscal 
year  ending  August  31,  1915  is  objected  to  and  disapproved.  The 
appropriations  made  for  the  support  of  the  University  are  in  lump 
sums,  and  being  so  arranged  I  am  compelled  to  take  the  course 
herein  adopted.  In  a  conversation  with  responsible  officers  of  the 
University  and  others  interested  therein  I  indicated  a  willingness 
to  approve  an  appropriation  of  $548,000.00  for  each  fiscal  year, 
that  sum  being  stated  in  the  bulletin  of  the  University  of  Texas 
which  contains  the  biennial  report  of  the  Board  of  Regents,  as 
the  present  running  expenses  of  the  University.  I  was  extremely 
desirous  of  doing  all  that  good  business  prudence  would  justify,  to 
the  end  that  the  income  of  the  University  from  its  endowment  for 
the  next  two  years  might  all  be  applied  to  the  payment  of  the  cost 


*  Vetoed  by  the  Governor. 


A  Source  Book  of  the  University  of  Texas  50] 

of  constructing  suitable  and  durable  buildings  for  the  University. 
Ignoring  this  disposition  and  desire  upon  my  part,  the  appropriation 
has  been  so  arranged  as  to  force  me,  as  already  stated,  out  of  busi- 
ness prudence,  to  disapprove  the  appropriation  for  the  second 
year.  However,  by  the  wording  of  the  appropriation  the  $658,300.00 
for  the  first  year  is  available  also  for  the  second.  This  lump 
sum  is  only  $10,000.00  less  than  the  combined  appropriation  for  the 
two  previous  fiscal  years.  It  is  100  per  cent  greater  than  the 
amount  appropriated  for  any  other  like  two  years  for  the  support 
of  the  University,  except  for  the  first  two  years  of  my  term  as 
Governor.  At  the  proper  time  I  shall  be  glad  to  entertain  an  ap- 
plication for  a  reasonable  amount  of  deficiency  to  supplement  the 
appropriation  herein  approved. 

[The  $658,300  appropriation  for  the  first  year  was  not  available  for  the 
second,  according  to  independently  written  opinions  of  Judges  Leroy  G. 
Denman,  Victor  L.  Brooks  and  others.] 

(2)  On  page  2  is  the  following:  item:  "Bureau  of  Economic 
Geology  and  Technology — for  field  work,  printing  bulletins  of 
artesian  and  other  underground  waters,  preparation  of  general  re- 
port of  the  mining  resources  of  the  State,  preparation  of  a  geolo- 
gical and  mineral  map  of  the  State,  for  the  completion  of  work  on 
the  fuels  of  the  State,  for  publications,  mapping,  help,  etc.,"  $12,- 
500.00  for  each  of  the  fiscal  years  ending  August  31,  1914,  and 
August  31,  1915.  The  item  of  $12,500.00  for  the  fiscal  year  ending 
August  31,  1914  is  objected  to  and  disapproved. 

THIRTY-FOURTH  LEGISLATURE,  REGULAR  SESSION, 
JANUARY  12  TO  MARCH  20,  1915 

MESSAGE  OF  GOVERNOR  O.  B.  COLQUITT 
January  12,  1015;   H.  J.  pp.  23-27;   S.  J.  pp.  37-12 


Not  Subject  to  Political  Changes 

In  taking  the  Governor's  Office,  I  urged  upon  the  Legislature  the 
submission  of  an  amendment  to  the  Constitution  providing  for  a 
six  year  term  of  office  for  persons  appointed  as  member?  of  the 
Boards  of  Managers  of  educational  and  eleemosynary  Institutions. 
This  amendment  was  submitted  to  the  people,  and  adopted  by  them. 
The  Legislature  has  carried  into  effect  the  mandate  of  the  people 
by  passing  a  law  making  the  terms  of  office  for  members  of  the 
boards    of    managers    and    boards    of    regents    of    educational    and 


502  University  of  Texas  Bulletin 

eleemosynary  institutions  six  years;  providing  that  the  board  of 
regents  and  board  of  managers  of  the  University  and  Agricultural 
and  Mechanical  College  should  consist  of  nine  persons;  of  the  other 
educational  and  eleemosynary  institutions,  of  six  persons.  The 
law  provided  that  members  of  these  boards  now  holding  office 
should  cast  lot  for  the  two,  four  and  six-year  terms,  so  the  terms 
of  one-third  of  the  members  of  the  boards  would  expire  every  two 
years.  The  purpose  of  this  law  is  to  prevent  the  subjection  of  these 
institutions  to  political  changes  or  changes  in  the  Executive  Depart- 
ment, leaving  managers  free  to  select  men  best  suited  for  active 
management  and  control  of  them,  without  regard  to  political  in- 
fluence or  political  changes  in  the  State  government.  This  is  a  very 
wholesome  provision,  and  it  is  hoped  that  its  beneficial  purposes 
will  be  fully  realized. 


Cost  of  Maintenance 


The   cost  of  maintaining  the   institutions   of   higher   learning   in 
Texas  for  the  present  fiscal  year  is  shown  below: 

University $741,068.84 

A.  &  M. 419,461.29 


Cost  of  Salaries 

The  amount  paid  in  salaries  to  professors  and  all  other  em- 
ployes of  the  educational  institutions  named  below  for  the  fiscal 
year  ending  August  31,  1914,  is  as  follows: 

University  of  Texas * $482,082.50 

Agricultural  and  Mechanical  College 315,818.00 

College  of  Industrial  Arts 52,000.00 


Comparative  Salary  last 

We  hear  much  talk  about  inadequate  appropriations  for  the 
State's  institutions  of  higher  learning.  In  making  complaints,  com- 
parison is  usually  made  with  State  Universities  like  those  of  Illinois, 
Wisconsin,  Minnesota  and  California.  In  these  States  the  university 
proper,  the  Agricultural  and  Mechanical  College,  State  normal 
schools,  military  academies,  State  mining  schools  and  colleges  of  in- 
dustrial arts  are  all  combined  in  one  University.  The  combined 
cost  of  these  institutions  in  Texas  for  the  current  year  is  $1,502,- 
354.82. 

•$419,523.07  in  H.  J. 


A  Source  Book  of  tlu   University  of  Texas 

Salaries  paid  to  officers  and  professors  and  employes  of  the  eight 
institutions  of  higher  learning  in  Texas,  as  compared  with  the  sums 
paid  for  the  same  service  in  states  where  all  these  institutions  are 
combined  in  one  university,  is  instructive,  and  have  been  compiled  as 
follows: 

Texas $1,105,126.58 

California 781,388.61 

Illinois 1,168,209.45 

Minnesota 1,295,732.00 

Wisconsin 1,048,671.74 

The  figures  for  Wisconsin  are  for  the  session  of  1911-12;  all  the 
other  figures  are  for  the  session  of  1912-13. 


The  University  of  Texas 

The  Constitution  of  the  State,  Article  7,  Section  10,  says: 
"The  Legislature  shall,  as  soon  as  practicable,  establish,  organize 
and  provide  for  the  maintenance,  support  and  direction  of  a  uni- 
versity of  the  first  class,  to  be  located  by  a  vote  of  the  people, 
of  this  State  and  styled  'The  University  of  Texas,'  for  the  pro- 
motion of  literature  and  the  arts  arid  sciences,  including  an  agri- 
cultural  and   mechanical   department." 

During  the  course  of  my  administration  I  have  urged  full  com- 
pliance with  the  foregoing  provision  of  our  organic  law.  In  my 
message  to  the  Regular  Session  of  the  Thirty-third  Legislature,  I 
outlined  plans  for  the  development  of  the  University,  as  well  as 
other  educational  institutions  of  higher  learning  in  Texas.  What 
was  then  said  is  now  re-urged  with  emphasis. 


Great  Progress  Made 

The  University  has  really  made  great  progress  during  the  last 
four  years.  That  the  increased  attendance  and  increased  financial 
support  may  be  fairly  understood.  I  quote  below  figures  for  the 
last  twelve  years,  covering  three  administrations: 

For  the  fiscal  years  beginning  September  1,  1903,  and  ending 
August  31,  1907,  the  following  amounts  were  expended  for  the 
support  of  the  University: 

Income    from    permanent    fund $     538,923.48 

From  taxation 610,661.38 

Grand  total  for  four  years ?1, 149, 584. 86 


504  University  of  Texas  Bull 

For   the   fiscal   years    beginning   September    1,    1907,    and   ending 
August  31,  1911,  the  following  amounts  were  expended  for  the  sup- 
port of  the  University: 
the  University: 

Income  from  permanent  fund $     617,021.92 

From  taxation 900,000.00 


Grand  total  for  four  years $1,517,021.92 

For  the  fiscal  years  beginning  September  1,  1911,  and  ending 
August  31,  1915,  the  following  amounts  have  been  and  will  be  ex- 
pended for  the  support  of  the  University: 

Income   from    permanent   fund $     805,471.31 

From  taxation 1,679,278.00 


Grand  total  for  four  years $2,484,749.31 

The  foregoing  shows  that  the  total  amount  expended  both  from 
taxation  and  from  income  from  the  permanent  University  fund  in 
the  support  of  the  University  for  the  eight  years  beginning  Septem- 
ber 1,  1903,  and  ending  August  31,  1911,  covering  two  previous 
administrations,  amounted  to  $2,666,606.78.  Whereas,  the  expendi- 
tures for  the  support  of  the  University,  including  the  allowance 
of  $340,000.00  included  in  the  tax  estimate  for  the  current  year, 
amount  to  $2,484,749.31  for  the  four  years  of  my  administration. 
These  figures  show  that  the  expenditures  for  the  support  and  de- 
velopment of  the  University  during  my  administration  of  four  years 
are  only  $181,857.47  less  than  was  expended  in  its  support  for  the 
eight  years  preceding. 

Opposed  to  Shacks 

According  to  a  letter  from  the  President  of  the  University,  $41,- 
394.91  has  been  expended  in  the  erection  of  temporary  frame 
buildings  to  accomodate  additional  departments  and  increase  the 
attendance.  A  Nurse's  Home,  as  part  of  the  Medical  Branch  of  the 
University  at  Galveston,  has  been  erected  this  year  at  a  cost  to  the 
University  of  $85,000-00.  The  Superintendent  of  Masonry  advises 
me  that  the  principal  cost  of  erecting  the  library  building  at  the 
University,  or  $223,000.00  of  same,  has  been  paid  during  this  ad- 
ministration. 

I  want  to  report  to  the  Legislature  that  the  wooden  shacks  on 
the  University  campus  have  been  built  over  my  protest.  I  have  ad- 
vocated the  policy  of  efficient  maintenance  of  the  University  and 
the  expenditure  of  money  only  for  substantial  buildings,  which  will 
serve  the  public  use  for  generations  to  come. 


A  Source  Book  of  the  University  of  Texas 

Constitutional  Inhibition 

It  seems  not  be  generally  known  to  critics  tbat  the  Legislature  is 
prohibited  by  the  Constitution  from  appropriating  money  raised  by 
taxation  for  the  erection  of  University  buildings.  I  quote  Section 
14  of  Article  7  of  the  Constitution  of  Texas,  as  follows: 

"The  Legislature  shall,  also,  when  deemed  practicable,  establish 
and  provide  for  the  maintenance  of  a  college  or  branch  university 
for  the  instruction  of  the  colored  youths  of  the  State,  to  be  located 
by  a  vote  of  the  people;  provided,  that  no  tax  shall  be  levied  and 
no  money  appropriated  out  of  the  general  revenue,  either  for  this 
purpose  or  for  the  establishment  and  erection  of  the  buildings  of 
the  University  of  Texas." 

I  respectfully  recommend  that  the  Legislature  submit  an  amend- 
ment to  the  foregoing  section  of  Article  7  of  our  Constitution,  so  as 
to  permit  specific  appropriations  for  buildings  at  the  University. 

Increased  Attendance 

The  attendance  at  the  University  has  shown  a  marked  inert 
during  the  period  for  which  figures  for  cost  and  maintenance  are 
above  given.  For  the  term  ending  in  June,  1904,  the  enrollment 
of  the  University  was  1258.  The  enrollment  for  the  term  ending 
in  June,  1914,  was  2226.  The  enrollment,  according  to  a  report 
of  the  President  of  the  University,  is  2449,  showing  an  increase  'n 
enrollment  in  twelve  years  of  nearly  one  hundred  per  cent.  I  doubt 
if  any  other  State  university  in  the  country  has  increased  its  expen- 
ditures or  attendance  a  greater  percentage  than  is  shown  for  the 
University  of  Texas  during  the  period  for  which  figures  are  shown. 


MESSAGE  OP  GOVERNOR  JAMES  E.  FERGUSON 
January  20,  1915;  S.  J.,  pp.  193-124;  H.  J.,  pp.   182-188 

.  .  .  .  There  are  some  matters  of  legislation  called  tor  in  the 
El  Paso  platform  that  I  deem  it  my  duty  to  call  to  your  Bpecial 
attention.     .... 

Seventh:     The  Agricultural  and  Mechanical  College  and  the  Stat  ■ 
University  seem  now  to  be  the  subject  of  much  discussion  and  con 
cern  to  those  interested  in  higher  education  in  Texas. 

The  magnitude  of  legislation  affecting  these  two  institutions  ought 
not  to  be  underestimated. 

Impelled  only  by  an  earnest  desire  to  do  the  best  for  present  and 
future  students  of  the  two  institutions,   I    have   given   the   question 


506  Univi  rsity  of  Texas  Bulletin 

much  study  and  investigation  with  a  desire  to  offer  some  plan 
that  might  at  least  be  the  basis  for  needed  legislation. 

There  are  two  plans  now  being  urged  by  the  partisans  of  the  two 
institutions. 

One  idea  is  to  completely  separate  the  two  institutions,  giving 
each  a  distinct  control  and  management,  but  both  to  be  supported 
by  the  State.  This  view  is  urged  by  many  wise  and  patriotic  citi- 
zens, who  are  honest  and  sincere  in  their  views.  It  is  said  that 
this  will  be  the  only  way  to  stop  the  strife  between  the  two  institu- 
tions, which  ought  not  to  exist. 

The  main  objection  to  this  plan  is  that  it,  in  effect,  commits  th-_> 
taxpayers  of  the  State  to  a  permanent  support  and  maintenance  of 
two  high  institutions  of  learning  when  it  is  already  a  question  of 
now  we  can  support  one. 

It  is  apparent  to  any  fair-minded  person  that  Texas  is  today  suffer- 
ing more  from  a  want  of  under  education  of  the  many  than  it  is 
from  a  want  of  over  education  of  the  few. 

When  we  consider  the  seventy  thousand  children  in  Texas  who 
never  get  a  chance  to  go  to  school  and  against  this  put  the  fact 
that  the  Texas  Legislature  is  today  being  asked  to  appropriate  over 
$325.00  per  student  for  the  benefit  of  those  fortunate  enough  and 
able  to  go  to  the  Agricultural  and  Mechanical  College  and  the 
University,  you  can  begin  to  see  that  there  is  a  real  danger  of  some- 
body going  hog  wild  about  higher  education.  Let  us  avoid  any 
legislation  that  would  permit  the  establishment  of  a  law  school  at 
the  Agricultural  and  Mechanical  College  or  the  establishment  of  a 
veterinary  school  at  the  University. 

The  other  plan  that  is  being  urged  is  the  creation  of  a  board  at 
Austin,  with  full  power  to  control  the  Agricultural  and  Mechanical 
College,  the  Medical  University  at  Galveston,  and  all  the  property 
of  said  institutions.  It  is  further  urged  that  the  board  should  be 
men  of  high  educational  attainments. 

The  objection  to  this  idea  is  that  it  puts  too  much  power  in  one 
place,  and  calls  for  men  whose  training  might  not  sufficiently  identify 
them  with  the  great  body  of  Texas  citizenship  and  their  educational 
needs. 

I  shall  take  the  liberty  to  suggest  a  plan  that  will,  in  my  opinion, 
at  least,  improve  conditions.  I  am  not  wedded  to  my  plan,  and  I 
invite  your  most  careful  scrutiny  of  its  merits.  It  may  not  please 
anybody.     I  have  had  an  awful  time  trying  to  please  myself. 

I  recommend  that  a  proper  bill  be  drawn  and  passed  putting  the 
Agricultural  and  Mechanical  College  and  the  University  under  one 
Central  Board  of  Control  to  consist  of  six  members,  three  of  which 
number  shall  have  had  each  seven  years'  actual  experience  as  a 
farmer  or  stock  raiser,  and  ten  years'  residence  in  Texas.     Members 


A  Source  Book  of  the  University  of  Terns  507 

of  said  board  to  hold  their  office  for  six  years,  with  the  exception  that 
of  those  first  named,  whose  terms  shall  be  two  and  four  and  six  j 
to  be  determined  by  lot,  and  two  members  to  be  elected  every  two 
years  thereafter. 

No  member  of  said  board  shall  reside  in  Galveston,  Travis  or 
Brazos  Counties,  and  shall  receive  no  compensation  for  his  or  her 
services,  other  than  his  or  her  traveling  expenses. 

I  would  fix  by  statute  the  permanent  location  of  the  Agricultural 
and  Mechanical  College  at  its  present  location  in  Brazos  County, 
Texas,  as  an  agricultural  and  mechanical  college  of  the  first  class, 
and  provide  that  such  institutions  have  a  president  with  full  power 
to  control  at  the  will  and  pleasure  of  said  Board  of  Control. 

I  would  further  provide  that  if  said  Central  Board  of  Control 
should  at  a  subsequent  time  establish  another  agricultural  and 
mechanical  college  as  a  part  of  the  University  system  of  Texas,  that 
same  be  located  at  some  point  north  of  a  line  running  across  Texas, 
due  east  and  west  of  the  city  of  Waco,  in  McLennan  County,  Texas, 
and  no  member  of  the  board  to  ever  reside  in  the  county  where  such 
college  might  be  located. 

I   would   provide   for   the   permanent   location   of   the   State   Uni- 
versity in  the  city  of  Austin,  Travis  County,  Texas,  as  a  university 
of  the  first  class,  which  shall  also  have  a  president  with  full  pi 
to  control  at  the  will  and  pleasure  of  said  Central  Board  of  Control. 

I  would  provide  also  for  the  State  Medical  University  to  be 
permanently  located  in  the  city  of  Galveston  as  a  medical  university 
of  the  first  class,  with  a  president  with  full  power  of  control  sub- 
ject to  the  will  and  pleasure  of  said  Board  of  Control.  Saul  i 
should  hold  its  meetings  alternately,  one  year  in  Austin,  and  one 
year  at  College  Station. 

I  would  invest  said  Central  Board  of  Control  with  full  and 
plenary  powers  of  control,  supervision  and  management  of  all  said 
three  institutions,  and  all  others  that  might  be  established,  and 
said  board  would  likewise  have  full  possession  and  control  and 
management  of  all  the  property,  buildings,  assets,  lands  and  other 
holdings  of  whatever  kind  now  owned  or  hereafter  acquired  by  sal  I 
institutions,  and  would  have  power  to  establishing  and  prescribe 
all  courses  of  study  and  make  such  rules,  regulations  and  by-laws 
which  they  might  deem  wise  for  the  proper  maintenance  and  0] 
tions  of  said  institutions.  In  case  there  should  be  a  tie  vote,  then 
I  would  empower  the  Lieutenant  Governor  with  the  power  to  cast 
the  deciding  vote 


508  University  of  Texas  Bulletin 

PROCEEDINGS  IN   THE  LEGISLATURE 

H.   B.    232 — By  Mr.   Haney. 

To  protect  University  and  asylum  lands  and  grounds  from  cattla 
and   hunters. 

Adversely  reported.     H.  J.,  p.  12  5  7. 
H.  B.  247 — By  Mr.  Bryan. 

Educational  appropriation. 

Died.     H.  J.,    p.  1257. 
H.  B.  249 — By  Mr.  Stanford. 

To  abolish  fraternities  at  the  University  of  Texas. 

Favorable  report,  postponed  indefinitely.     H.  J.,   p.   12  57;    S.   J., 
p.  1318. 
H.  B.  2  63 — By  Mr.  Tillotson. 

To  place  the  University  and  the  Agricultural  and  Mechanical  Col- 
lege  under  one  board   of   control. 

Not  printed.     H.  J.,  p.  1258. 

H.  B.  434 — By  Messrs.  Jones  and  Pearson. 

To  place  the  University,  Agricultural  and  Mechanical  College, 
the  School  of  Mines,  and  the  Prairie  View  Normal  under  one  man- 
agement. 

Not  printed.     H.  J.,  1257. 
H.  J.  R.  9 — By  Mr.  Metcalfe. 

To  provide  for  a  student  loan  fund  by  the  several  counties 
through  an  amendment  to  the  Constitution. 

Submitted  to  people — defeated.     H.  J.,  p.  1283;   S.  J.,  p.   1328. 
H.  J.  R.  34 — Mr.  Sackett. 

To  provide  for  the  separation  of  the  University  and  Agricultural 
and   Mechanical  College. 

Submitted  to  people — defeated.     H.  J.,  p.  1284;  S.  J.,  p.  1328. 
H.  J.  R.   41 — By  Mr.  Haney. 

To  provide  for  a  permanent  school  tax  and  for  the  separation  of 
the  University  and  the  Agricultural  and  Mechanical  College. 

Died  in  Committee.     H.  J.,  p.  284. 

February  4,  1915,  February  5,  1915;  H.  J.,  pp.  321-322  and 
pp.  340-341 

Statements  having  been  made  in  the  House  that  a  majority  of 
the  faculty  are  northern  men  and  prejudiced,  Acting  President 
Battle  asked  for  an  investigation.  Blalock  moved  that  it  be  granted; 
Burmeister  substituted  to  include  alleged  bias  of  faculty  in  favor 
of  fraternities;  Blalock  accepted  the  substitute,  which  was  tabled 
64  to  62. 


A  Source  Book  of  the  University  of  '/'•  tas 

a.  B.  2  5 — By  Mr.  Hudspeth  et  al. 

Emergency  appropriation  of  $352,745.89  for  the  University  of 
Texas. 

See  S.  B.  56.     S.  J.,  p.  1275. 
S.  B.  56 — By  Mr.  Cowell. 

Deficiency  appropriations  including  $352,745.89  for  University  of 
Texas. 

Became  a  law.     S.  J.,  p.  1277;   H.  J.,  p.  1290. 
S.  B.  62 — By  Mr.  Harley. 

To  accept  the  Walter  Colquitt  Memorial  Hospital. 

Became  a  law.     S.  J.,  p.  1278;  H.  J.,  p.  1290. 
S.  B.  139 — By  Mr.  Astin. 

To  protect  the  grounds  of  State  institutions  from  animals  and 
provide  a  pound  keeper. 

Passed  Senate.     S.  J.,  p.  1284;  H.  J.,  p.  1292. 
S.  B.  208 — By  Messrs.  Robbins  and  Harley. 

To  create  a  University  Law  Text  Book  Board  consisting  of  the 
Attorney  General,  the  Supreme  Court,  and  the  Dean  of  the  Law 
Department  to  select  the  books  used  in  teaching  law  at  the  Uni- 
versity. 

Reported  favorably.     S.  J.,  p.  1288. 
S.  B.  243 — By  Messrs.  Morrow,  Johnson  and  Harley. 

To  place  the  University  of  Texas,  Agricultural  and  Mechanical 
College,  School  of  Mines,  and  Prairie  View  Normal  under  a  single 
board  of  control. 

Reported  favorably,  adverse  minority.     S.  J.,  p.  1291. 
S.  J.  R.  8 — By  Mr.  Wiley  et  al. 

To  amend  the  Constitution  so  as  to  separte  the  University  and 
the  A.  and  M.,  divide  the  University  endowment  between  them,  and 
provide  for  their  separate  maintenance. 

Referred.     S.  J.,  p.  1305. 
S.  J.  R.  17 — By  Mr.  Bailey  of  Harris. 

To  amend  the  Constitution,  Article  7. 

[Section  10.    Gives  the  nine  Regents  full  powers.  Including  ti  e  i 
provide   for  research    and   a  student   loan    fund.      Provides    for   support    by 
appropriation,  special  tax,  etc. 

Section  11.     Provides  for  investment  of  the  permanent  fund 
manent  school   fund  is  invested,  issuance  of  doit  !    by    Incon 

the  permanent  University  fund,  purchase  of  more  campus,  taxes  and  h 
of  the  permanent  fund  to  be  the  available  fund. 
.    Section  12.     Provides  that  two-thirds  of  the  2,000,00o 
University. 

Section    14.      Provides    that    one-third    of    the    2,000,000    a.  to    the 

A.  and  M. 

Section  15.     Provides  that  these  lands  shall  be  sold  as   may  ho  pn 
by  law. 

Section  19.     Provides   for  a  tax    i  r  than  10  cents  on  the  $100, 

44  per  cent  to  go  to  the  University,  2'J  per  cent  to  the  A.  and  M  ,  :> 
cent  to  the  College  of  Industrial  Arts,  18.75  per  cent  to  the  Normals,   2.6 
per  cent  to  the  Prairie  View  Normal.] 


5 ]n  University  of  Texas  Bulletin 

Printed  in  full.     S.  J.,  p.  1306. 
S.  J.  R.  21 — By  Mr.  Gibson. 

To  eliminate  from  the  Constitution  the  prohibition  against  a  tax 
levy  or  appropriation  for  buildings  for  the  University  of  Texas. 

Favorable  majority,  adverse  minority  report.     S.  J.,  p.   1306. 

GENERAL  LAWS 

S.  B.  56;  Ch.  9,  p.  14 

An  Act  to  make  appropriations  to  cover  authorized  deficiencies 
for  the  fiscal  year  ending  August  31,  1913,  and  to  cover  author- 
ized deficiencies  for  the  fiscal  year  ending  August  31,  1914,  and 
to  cover  authorized  deficiencies  for  the  fiscal  year  ending  August 
31,  1915,  making  a  special  appropriation  for  enforcement  of  laws 
regulating  the  sale  of  intoxicating  liquor,  and  to  make  a  special 
appropriation  for  the  support  of  the  University  of  Texas  for  the 
fiscal  year  ending  August  31,  1915. 

Sec.  4.  That  the  sum  of  $352,745.89  be  and  the  same  is  hereby 
appropriated  out  of  any  moneys  in  the  State  Treasury  not  other- 
wise appropriated  as  an  emergency  appropriation  to  supplement  the 
income  from  the  University  Permanent  Fund,  for  the  support  of  the 
University  of  Texas  for  the  fiscal  year  ending  August  31,  1915. 
Approved  February  12,  1915. 

S.  B.  62;  Ch.  18,  pp.  32-33 

An  Act  to  accept  the  gift  to  the  State  of  a  hospital  building  and 
to  establish  a  State  Hospital  for  crippled  and  deformed  children, 
and  to  provide  for  the  management  and  control  thereof,  and  de- 
claring an  emergency. 

Section  1.  That  there  is  hereby  established  a  State  Hospital  for 
crippled  and  deformed  children.  The  gift  to  the  State  by  the  Texas 
Public  Health  Association  of  the  Walter  Colquitt  Memorial  Chil- 
dren's Hospital,  also  known  as  the  children's  ward  of  the  John 
Sealy  Hospital,  on  the  premises  of  the  University  of  Texas,  at  Gal- 
veston, Texas,  is  hereby  accepted  by  the  State,  and  this  hospital 
shall  be  the  State  Hospital  for  crippled  and  deformed  children.  The 
term  "crippled  or  deformed  children,"  as  used  in  this  Act  shall  in- 
clude children  suffering  from  disease  from  which  they  may  become 
crippled  or  deformed. 

Sec.  2.  Said  hospital  shall  be  under  the  control  and  management 
of  the  Board  of  Regents  of  the  University  of  Texas  and  said  board 
is  hereby  authorized  and  empowered  to  lease  said  hospital  building 
to  the  city  of  Galveston  in  the  same  manner  as  the  John  Sealy  Hos- 
pital buildings,  and  to  require  that  provision  be  made  in  such  hos- 


A  Source  Book  of  the  University  of  Texas  ">11 

pital  for  the  care  and  treatment  of  crippled  or  deformed  children, 
who  may  be  benefitted  or  cured  by  treatment  in  said   hospital,  and 
for  such  other  cases  of  patients  as  may  be  required  in  th< 
of  scientific  study  by  the  faculty  and  students  of  the   Medical   De- 
partment of  the  University  of  Texas. 

Said  Board  of  Regents  or  the  board  of  managers  of  said  hospital, 
may  also  receive  in  said  hospital  any  sick  or  afflicted  children  who 
are  not  crippled  or  deformed,  and  who  are  not  suffering  from  an. 
communicable   diseases,    provided   that   the    !  ipied    by   such 

children  are  not  needed  for  the  use  of  crippled  or  deformed  children. 

Sec.  3.  The  said  Board  of  Regents  or  board  managers  of  said 
hospital  shall  adopt  such  rules  and  regulations  as  said  boards  may 
deem  proper  and  necessary  for  the  admission,  discharge,  care  and 
treatment  of  such  children.  The  Board  of  Regents  or  the  board  of 
managers  of  said  hospital  may  require  the  parents  or  guardians  of 
patients,  when  able  to  do  so,  and  otherwise  the  home  counties  or 
cities  of  such  patients,  to  pay  all  or  part  of  the  expense  of  the 
and  treatment  of  patients.  And  said  boards  may  refuse  to  admit  to 
said  hospital  as  patients  any  except  crippled  or  deformed  children. 

Sec.  4.  The  Legislature  shall  make  suitable  provision  in  the 
general  appropriation  bill,  or  otherwise,  to  pay  for  the  proper  care 
and  treatment  of  children  afflicted  with  surgical  tuberculosis,  and 
the  Board  of  Regents  or  board  of  managers  of  said  hospital  shall 
give  free  care  and  treatment  to  such  children  to  the  extent  of  the 
appropriation  therefor.  Said  Board  of  Regents  are  also  authorize  1 
to  accept  donations  for  the  support  of  crippled  or  deformed  patientd 
and  for  the  improvement  of  the  hospital  and  building. 

Approved  February  20,  1915. 

H.   J.   R.  <>;    pp.   296-287 

To  amend  Article  7  of  the  Constitution  of  the  State  of  Texas,  by 
adding  thereto  Section  3b,  authorizing  the  Legislature  to  provid  • 
by  law  for  the  creation  of  a  student's  loan  fund  in  each  county  In 
connection  with  the  public  schools  thereof. 
Section  1.  That  Article  7  of  the  Constitution  of  the  E 
Texas  be  amended  by  adding  thereto  a  new  section  to  be  known  as 
Section  3b,  which  shall  read  and  be  as  follows,  to-wit: 

Section  3b.  The  commissioners  court  of  each  county  in 
State  shall  have  the  power,  and  is  hereby  authorized,  when  a  major- 
ity of  the  qualified  voters  of  such  county  shall  vote  I  Buch 
fund,  to  create  a  fund  to  be  known  as  a  "Students'  Loan  Fund." 
for  the  purpose  of  enabling  students  of  the  public  free  B<  bools  of 
said  county  to  borrow  money  to  be  used  in  their  education  tor  the 
purpose  of  graduating  from  the  county  public  schools  and 
graduation  to  continue  their  education  in  any  higher  State  Instltu- 


512  University  of  Texas  Bulletin 

Hon   of  learning,  such  fund  to  be  created  and  administered  by  the 
commissioners  court  of  each  county  as  may  be  provided  by  law. 

Sec.  2.  And  the  Legislature  may  authorize  an  additional  ad 
valorem  tax  to  be  levied  and  collected  within  such  county  for  the 
purpose  of  raising  said  students'  loan  fund,  said  tax  not  to  exceed 
in  any  one  year  twenty  (20c)  cents  on  the  one  hundred  ($100.00) 
dollars,  valuation  of  the  property  subject  to  taxation  in  each  county; 
provided,  that  a  majority  of  the  qualified  property  tax  paying  voters 
of  the  county  voting  at  an  election  to  be  held  for  that  purpose  shall 
vote  such  tax.  Provided,  that  if  the  tax  is  adopted,  after  it  has 
been  enforced  for  two  years,  an  election  may  be  held,  on  the  order 
of  the  commissioners  court,  to  determine  whether  or  not  said  tax 
shall  be  repealed;  and  provided  further,  that  it  shall  be  the  duty 
of  the  commissioners  court  to  order  such  election  upon  a  petition 
so  to  do  by  twenty-five  per  cent  of  the  qualified  tax  paying  voters 
of  the  county. 

Sec.  3.  The  Legislature  shall  pass  the  necessary  laws  carrying 
into  effect  this  provision  of  the  Constitution. 

Sec.  4.  That  the  above  and  foregoing  proposed  amendment  shall 
be  duly  published  once  a  week  for  four  weeks,  commencing  at  least 
three  (3)  months  before  a  special  election  to  be  held  for  the  purpose 
of  voting  upon  such  proposed  amendment,  on  the  fourth  Saturday  in 
July,  1915,  in  one  weekly  newspaper  of  each  county  in  the  State  of 
Texas,  in  which  such  newspaper  may  be  published.  And  the  Gov- 
ernor shall,  and  he  is  hereby  directed,  to  issue  the  necessary  procla- 
mation for  the  submission  of  this  proposed  amendment  to  the 
qualified  electors  for  members  of  the  Legislature.  At  such  election 
all  persons  favoring  such  amendment  shall  have  written  or  printed 
on  their  ballots  the  words,  "For  the  Amendment  to  Section  3  of 
Article  7  of  the  Constitution,  adding  thereto  Section  3b,  authorizing 
the  commissioners  court  to  create  a  'Students'  Loan  Fund,'  "  and 
those  opposed  thereto  shall  have  written  or  printed  on  their  ballots 
the  words,  "Against  the  Amendment  to  Section  3  of  Article  7  of  the 
Constitution,  adding  thereto  Section  3b,  authorizing  the  commission- 
ers court  to  create  a  'Students'  Loan  Fund.'  " 

Sec.  5.  That  $5000.00,  or  as  much  thereof  as  may  be  necessary. 
be,  and  the  same  is  hereby  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  to  defray  the  expenses  of  ad- 
vertising and  holding  the  election  provided  for  above. 

Passed  Senate,  21  to  6,  House  100  to  21. 

Approved  March  30,  1915. 

[At  the  election  held  July  24,  1915,  six  proposed  constitutional  amend- 
ments were  voted  upon:  Section  52.  Article  3;  Section  2,  Article  5;  Section 
2,  Article  6;  Section  3b,  Article  7;  Sections  10  to  15,  Article  7;  Section  9, 
Article  S.  Each  amendment  was  overwhelmingly  defeated, — Section  3, 
Article  7,  by  a  vote  of  27,529  to  102,627.  Election  Register,  1914,  office  of 
Secretary  of  State.] 


A  Source  Book  of  the  I  ty  of  Texas  513 

H.  J.  R.  34;   pp.  291-204 

A  Joint  Resolution  proposing  an  amendment  to  Article  7,  Sec- 
tions 10,  11,  12,  13,  14  and  15  of  the  Constitution  of  the  State  of 
Texas,  providing  for  the  establishment  and  separate  maintenance 
of  the  University  of  Texas  and  fixing  its  permanent  location  in 
Travis  County;  providing  for  the  permanent  location  of  the  medi- 
cal branch  of  the  University  of  Texas  in  Galveston  County;  pro- 
viding for  the  establishment  and  separate  maintenance  of 
Agricultural  and  Mechanical  College  of  Texas  as  an  independent 
college,  and  providing  for  its  permanent  location  in  Brazos 
County;  providing  for  the  establishment  and  maintenance  of 
College  of  Industrial  Arts  and  fixing  its  permanent  location  in 
Denton  County;  authorizing  the  establishment  of  junior  agri- 
cultural colleges  subsidiary  to  and  under  the  government  of 
Agricultural  and  Mechanical  College  board;  establishing  the 
Prairie  View  State  Normal  and  Industrial  College,  and  declaring 
it  a  branch  of  the  Agricultural  and  Mechanical  College,  and  fixing 
its  permanent  location  at  Prairie  View,  in  Waller  County;  making 
an  equitable  division  of  the  State  permanent  endowment  fund 
between  the  University  of  Texas,  the  Agricultural  and  Mechanical 
College  of  Texas;  making  an  appropriation  to  defray  the  expenses 
of  advertising  the  Governor's  proclamation  and  submitting  same 
to  a  vote  of  the  people. 

Section  1.  That  Sections  10,  11,  12,  13,  14,  and  15,  Article  7.  of 
the  Constitution  of  Texas,  be  amended  so  as  to  hereafter  read  as 
follows: 

Section  10.  The  University  of  Texas  is  hereby  established  and 
permanently  located  in  Travis  County,  and  shall  be  a  university  of 
the  first  class.  The  Legislature  shall  provide  for  its  organization 
and  for  its  development,  maintenance  and  permanent  improvement, 
shall  make  by  appropriation  and  otherwise  such  provision  as  may 
be  neccessary  for  the  promotion  of  literature  and  the  arts  :md 
sciences,  pure  and  applied,  in  a  university  of  the  first  class.  The 
affairs  of  the  University  of  Texas  shall  be  administered  by  its  own 
governing  board  as  provided  by  law.  The  present  members  of  the 
board  shall  continue  in  office  until  the  expiration  of  their  respec- 
tive terms.  The  location  herein  made  of  the  University  of  T 
shall  in  no  way  affect  the  location  of  the  medical  branch  thereof 
situated  in  Galveston  County. 

Sec.   11.     All  lands  and  other  property  granted  by  the   Republic 
or  State  of  Texas  to  the  University  of  Texas,  or  to  the   I 
of  Texas   and   its   branches,    except   the   lands   transferred    b> 
tion  13  of  this  article  to  the  Agricultural  and  Mechanical  College 
of  Texas  and  to  the  Prairie  View  State  Normal  and  Industrial  Col- 
lege, shall,  together  with  the  proceeds  of  the  sale  of  such  lands,  con- 

33 — 227 


514  University  of  Texas  Bulletin 

stitute  the  permanent  University  fund.  All  the  income  derived 
tlinvfrom  shall  be  the  available  fund,  and  shall  be  applied  to  the 
support  and  development  of  the  University  of  Texas  and  to  meet 
its  obligations.  The  proceeds  from  the  sale  of  University  lands 
shall  be  invested  as  authorized  by  law  for  the  investment  of  the 
permanent  school  fund.  The  one-tenth  of  the  alternate  sections 
of  lands  granted  to  railroads,  reserved  by  the  State  which  was  set 
apart  and  appropriated  to  the  establishment  of  the  University  by  an 
Act  of  the  Legislature  of  February  11,  1858,  entitled,  "An  Act  to 
establish  the  University  of  Texas,"  shall  not  be  included  in  or  con- 
stitute a  part  of  the  permanent  fund. 

Sec.  12.  The  Agricultural  and  Mechanical  College  of  Texas'  is 
hereby  established  and  permanently  located  in  Brazos  County  and 
separated  from  the  University  of  Texas,  and  constituted  an  inde- 
pendent college.  The  Legislature  shall  provide  for  the  organization 
of  said  college  and  for  its  development,  maintenance  and  permanent 
improvement,  shall  make  by  appropriation  and  otherwise  such  pro- 
vision as  may  be  necessary  to  accomplish  the  purpose  of  said  in- 
stitution, which,  without  excluding  classical  and  cultural  studies, 
shall  be  to  teach  and  develop  those  branches  of  learning  which  relate 
to  agricultural  and  the  natural  sciences  connected  therewith,  the 
various  branches  of  engineering,  the  mechanical  arts  and  military 
sciences  and  tactics.  The  affairs  of  the  Agricultural  and  Mechani- 
cal College  shall  be  administered  by  its  own  governing  board  as 
provided  by  law.  The  present  members  of  the  board  shall  con- 
tinue in  office  until  the  expiration  of  their  respective  terms.  The 
Prairie  View  State  Normal  and  Industrial  College  for  Colored 
Youths  is  hereby  established,  and  its  government  and  control  shall 
continue  under  the  governing  board  of  the  Agricultural  and  Mechani- 
cal College  of  Texas.  Provided,  the  Legislature  may  establish 
junior  agricultural  colleges  subsidiary  to  the  Agricultural  and  Me- 
chanical College  and  under  the  control  of  the  Agricultural  and 
Mechanical  College  Board. 

Sec.  13.  Of  the  land  heretofore  set  apart  to  the  University  and 
to  the  University  and  its  branches,  by  the  State  of  Texas,  and  re- 
maining unsold,  there  are  hereby  transferred  to  and  made  a  part 
of  the  permanent  fund  of  the  Agricultural  and  Mechanical  College 
of  Texas,  six  hundred  thousand  acres  of  land  of  average  value; 
there  are  hereby  transferred  as  a  permanent  fund  to  the  Prairie 
View  State  Normal  and  Industrial  College  one  hundred  and  fifty 
thousand  acres  of  land  of  average  value;  and  all  of  the  remainder 
of  the  said  land  shall  constitute  a  part  of  the  permanent  fund  of 
the  University  of  Texas.  The  Legislature  shall  provide  for  the 
division  of  the  land  as  specified  herein.  The  land  herein  set  apart 
to  the  University,  the  Agricultural  and  Mechanical  College  of  Texas 
and  the  Prairie  View  State  Normal  and  Industrial  College  may  be 


A  Source  Book  of  the  University  of  Texas  515 

sold  under  such  regulations,  at  such  times  and  on  Buch  terms  as 
may  be  prescribed  by  law.  The  Legislature  shall  provide  for  the 
prompt  collection  at  maturity  of  all  debts  due  on  account  of  the  sale 
of  said  lands,  and  in  no  event  shall  any  relief  be  granted  to  any 
purchaser. 

Sec.  14.  All  lands  and  other  property  heretofore  granted  or 
herein  granted  to  the  Agricultural  and  Mechanical  College,  to- 
gether with  the  proceeds  of  the  sale  of  such  lands,  shall  constitute 
its  permanent  fund.  All  the  income  derived  therefrom  shall  be  the 
available  fund  and  shall  be  applied  to  the  support  and  development 
of  the  Agricultural  and  Mechanical  College  and  to  meel  Its  obliga- 
tions. The  proceeds  from  the  sal-e  of  the  Agricultural  and  Mechani- 
cal College  lands  shall  be  invested  as  authorized  by  law  for  the 
investment  of  the  permanent  school  fund. 

Sec.  15.  The  College  of  Industrial  Arts  for  White  Girls,  located 
at  Denton,  in  Denton  County,  Texas,  is  hereby  established  and  recog- 
nized as  an  independent  college,  and  the  Legislature  shall  provide 
for  its  organization,  maintenance,  development  and  permanent  im- 
provement, and  shall  make,  by  appropriation  and  otherwise,  such 
provision  in  addition  to  that  heretofore  made  as  may  be  necessary 
for  the  establishment  and  maintenance  of  a  first-class  college  for 
the  education  of  white  girls  in  the  literary  branches,  the  arts  and 
sciences  and  the  practical  industries  of  the  age.  The  college  shall 
have  its  own  governing  board,  which  shall  designate  the  officers 
of  administration  and  instruction,  and  other  employes,  determine 
their  salaries,  establish  departments,  subdivisions,  libraries,  and 
laboratories  and  other  agencies  of  education  consistent  with  the 
objects  of  the  college,  and  perform  such  other  duties  as  the  Legis- 
lature may  prescribe. 

Sec.  2.  The  Governor  of  this  State  is  hereby  directed  to  issue 
the  necessary  proclamation  and  have  same  published  as  required  by 
the  Constitution  and  the  laws  of  this  State.  The  sum  of  five  thou- 
sand ($5,000.00)  dollars,  or  so  much  thereof  as  may  be  neces 
is  hereby  appropriated  to  defray  the  expenses  of  publishing  said 
proclamation  and  the  expenses  of  submitting  this  resolution  to  a 
vote  of  the  people. 

Sec.    3.     The    foregoing    amendment   to   Article    7,   Se<  I,   11. 

12,  13,  14  and  15  of  the  Constitution  of  the  State  of  Texas,  shall 
be  submitted  to  the  qualified  electors  of  this  state  for  its  adoption 
or  rejection  at  an  election  to  be  held  on  the  fourth  Saturday  in 
July,  A.  D.  1915,  the  same  being  the  twenty-fourth  day  of  said 
month.  All  the  voters  voting  on  this  proposed  amendmenl  at  said 
election  who  favor  the  adoption  shall  have  printed  or  written  on 
their  ballots,  "For  amendment  to  Article  7  of  the  Constitution  of 
the  State  of  Texas,  providing  for  the  separation  of  the  University 
of  the  State  of  Texas  and  the  Agricultural  and   Mechanical  College, 


516  University  of  Texas  Bulletin 

and  an  equitable  division  of  the  University  lands."  All  voters 
voting  on  this  proposed  amendment  at  said  election  who  oppose  its 
adoption  shall  have  printed  or  written  on  their  ballots  the  following. 
"Against  amendment  to  Article  7  of  the  Constitution  of  the  State 
of  Texas,  providing  for  the  separation  of  the  University  of  Texas 
and  the  Agricultural  and  Mechanical  College  and  an  equitable  divi- 
sion of  the  University  lands."  Previous  to  the  election  the  Secre- 
tary of  State  shall  cause  to  be  printed  and  forwarded  to  the  County 
Judge  of  each  county  for  use  in  said  election  a  sufficient  number  of 
ballots  for  the  use  of  voters  in  said  county,  on  which  shall  be  printed 
the  form  of  ballots  herein  prescribed  for  the  convenience  of  the 
voters. 

[Passed  House  105  to  20;  Senate  21  to  8.  Submitted  to  the  people  with- 
out. Governor's  signature.] 

[At  the  election  held  July  24,  1915,  this  proposed  amendment  was  de- 
feated by  a  vote  of  81,65S  to  50,398.  See  note  to  H.  J.  R.  9.  Election 
Register,  1914,  Office  of  Secretary  of  State.] 

THIRTY-FOURTH  LEGISLATURE,   FIRST   CALLED   SES- 
SION, APRIL  29  TO  MAY  28,  1915 

PROCEEDINGS  IN   THE  LEGISLATURE 

H.  B.  9 — By  Mr.  Wagstaff: 

Educational  appropriation  bill. 
Presented  to  Governor.     H.  J.  p.   449.  * 

May  .4,  1915;   H.  J.  p.  27 

Mr.  Boner  offered  a  resolution  calling  on  the  president  of  the 
University  to  furnish  the  House  with  "an  itemized  list  showing 
number  of  hours  each  professor  and  instructor  is  actually  engaged 
in  teaching  each  week,  and  number  of  hours  actual  work  for  em- 
ployes per  week." 

Died  on  a  point  of  order. 
S.  B.  7 — By  Mr.  Cowell. 

Appropriating  $711,682.16  per  year  for  the  biennium,  together 
with  $22,225  and  $18,150  for  the  School  of  Mines. 

Became  a  law.     S.  J.  p.  45  6. 

May  5,   1915;    S.  J.  p.  29 

Petition  of  the  Farmers'  Union  of  Henderson  and  Rusk  Counties 
asking  for  a  complete  separation  of  the  A.  and  M.  College  from  the 
University. 


A  Source  Book  of  the  University  of  Texas  517 

GENERAL  LAWS 

C.  S.  S.  B.  7;  Oh.  32,  pp.  84-0! > 

An  Act  making  appropriations  to  pay  the  salaries  of  officers  and 
employes  of  certain  educational  institutions  and  other  expenses 
of  maintaining  and  conducting  them  as  follows,  to  wit:  Uni- 
versity of  Texas;  Agricultural  and  Mechanical  College;  State  Ex- 
periment Station;  Prairie  View  Normal;  College  of  Industrial 
Arts  for  Women;  Sam  Houston  Normal  Institute;  North  Texas 
Normal;  Southwest  Texas  Normal  SchooL;  West  Texas  Normal 
School,  and  School  of  Minos  at  El  Paso,  and  declaring  an  emer- 
gency. 

Section  1.  That  the  following  sums  of  money,  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  are  hereby  appro- 
priated to  pay  the  salaries  of  officers  and  employes  and  other  ex- 
penses necessary  for  the  support  and  maintenance  of  certain  educa- 
tional institutions  of  the  State,  as  follows,  to  wit: 

The  University  of  Texas. 

For  the  Year  Ending 
Aug.31,  1916      Aug.  311917 
For  the  maintenance,  support,  and  direc- 
tion of  the  University  of  Texas,  includ- 
ing the  Medical  Department  at  Galveston, 

including  the  constructions  of  buildings, 

for     the     years     beginning     September 

1st,    1915,    and    ending    August    31st, 

1917,  all  the  available  University  funds, 

including  interest  from  its  bonds,  land 

notes,    endowments    and    donations,    all 

gifts  and  fees  collected,  and  all  receipts 

whatsoever  from  any  source. 
For  the  maintenance,   support  and   direc- 
tion of  the  University  of  Texas,  includ- 

the   Medical    Department   at    Galveston, 

for  the  two  years  beginning  September 

1st,  1915,  and  ending  August  31st,  1917, 

from    the    general    revenue,    with    such 

changes    and    substitutions    within    the 

total    of    the    following    items    for    the 

University    as    the    Regents    may     find 

necessary. 


518  University  of  Texas  Bulletin 

[Fully  itemized,  with  totals  as  follows:! 

Salaries $483,007.50      $483,007.50 

Schools  and  Laboratories: 

Main  University.  . 37,400.00  37,400.00 

Medical  Department 7,300.00  7,300.00 

Current    Expenses,    Main    University 

and  Medical  Department 100,560.00        100,560.00 

Bureau    of    Economic    Geology    and 

Technology 25,100.00  25,100.00 

Department  of  Extension 58,314.66  58,314.66 

Grand  total $711,682.16      $711,682.16 

School  of  Mines $    22,225.00      $    18,150.00 

The  appropriations  herein  provided  for  are  to  be  construed  as  the 
maximum  sums  to  be  appropriated  to  and  for  the  several  purposes 
named  herein,  and  no  expenditures  shall  be  made,  nor  shall  any  obli- 
gations be  incurred  which,  added  to  the  actual  expenditures,  will 
exceed  the  amounts  herein  appropriated  for  either  of  the  same  pur- 
poses, except  under  the  provisions  provided  for  in  Article  4342,  of 
Chapter  2,  Title  65,  of  the  Revised  Civil  Statutes  of  1911. 

Approved  June  9,  1915. 

[See  index  to  the  Ferguson-University  Controversy,  covering  the 
period,  June  11,  1915  to  Sept.  29,  1917.] 

THIRTY-FIFTH  LEGISLATURE,   REGULAR  SESSION, 
JANUARY  9  TO  MARCH  20,  1917 

MESSAGE  OF  GOVERNOR  JAMES  E.  FERGUSON 
January  10,  1917;  H.  J.  pp.  20,  21;  S.  J.  pp.  8,  9 

ITEMIZED   APPROPRIATIONS 

There  are  planks  in  the  platform  which  I  desire  to  specifically  call 
to  your  attention.     Plank  5  is  as  follows: 

"We  urge  upon  the  Legislature  in  making  appropriations  for  the 
support  and  maintenance  of  the  various  departments  and  institutions 
of  our  State,  to  clearly  itemize  all  such  appropriations,  so  that  the 
people  may  be  fully  informed  as  to  the  purpose  for  which  any  ap- 
propriation is  made." 

This  recommendation  is  absolutely  essential.  It  now  costs  millions 
to  run  our  State  government,  and  if  we  can  not  tell  the  people  what 
we  are  going  to  do  with  the  money  and  then  in  good  faith  do  what 
we  say  we  are  going  to  do  with  it,  the  people  wTill  rightfully  distrust 
us,  and  as  a  result  some  meritorious  needs  will  be  denied.  If  there 
are  small  contingencies  that  can  not  be  foreseen,  provide  for  them 
in  a  contingent  fund,  and  itemize  the  main  budget. 


A  Source  Book  of  Hie  University  of  Texas  519 

COUNTRY    SCHOOLS 

Your  attention  is  specially  directed  to  the  demand  of  our  party 
that  the  sum  of  two  million  dollars  ($2,000,000)  be  appropriated 
to  aid  the  country  schools.  Under  the  appropriation  of  one  million 
dollars  made  by  the  Thirty-fourth  Legislature  about  1450  country 
schools  have  been  helped  from  an  average  term  of  four  and  a  half 
months  to  more  than  a  six  months  term.  The  appropriation  of  two 
million  dollars  for  the  same  purpose  will  enable  every  country  school 
in  Texas  to  get  much  needed  relief. 

I  have  been  charged  with  being  against  higher  education.  The 
charge  is  untrue  and  the  record  will  show  that  it  is  untrue.  As 
long  as  higher  education  remains  democratic  and  does  not  Beek  any 
more  rights  than  is  guaranteed  to  the  average  citizen,  then  I  am 
for  higher  education.  But  when  higher  education  become?  either 
autocratic  or  aristocratic  in  its  ways  or  customs  and  begins  to  arro- 
gate to  itself  an  unwarranted  superiority  over  the  great  masses  of 
the  people,  who  make  higher  education  possible,  and  wants  to  rule 
with  a  college  diploma  alone,  then  I  am  against  higher  education, 
and  I  consider  it  "book  learning"  gone  to  seed. 

I  am  in  favor  of  liberal  appropriations  for  the  support  of  our 
universities  and  colleges,  but  for  every  dollar  appropriated  for  such 
purposes  there  should  be  at  least  three  dollars  set  aside  for  the  aid 
of  the  high  schools  in  the  towns  and  graded  schools  in  the  country. 
"The  greatest 'good  to  the  greatest  number"  is  a  sacred  tenet  of 
Democracy.  "Special  privileges  to  none"  is  the  foundation  of  re- 
publics. 

PROCEEDINGS  IX  THE  LEGISLATURE 

H.  B.  2 — By  Mr.  Tillotson  and  thirty-six  others. 

To  establish  a  State  Highway  Department. 

Became  a  law.     H.  J.,  p.  1537;  S.  J.,  p.  1711. 
H.  B.  103 — By  Mr.  Dudley  and  Mr.  Thomason  of  El  Paso. 

To  make  an  appropriation  for  construction  of  buildings  for  School 
of  Mines. 

Became  a  law.     H.  J.,  p.  1543;  S.  .!.,  p.   1715. 
H.  B.  205 — By  Mr.  McFarland. 

To  provide  for  the  sale  of  public  free  school.  University  and  asylum 
lands. 

Reported  favorably.     H.  J.,  p.   1548. 
H-  B.  208 — By  Mr.  McFarland,  Mr.  Bryan,  Mr.  Tillotson.  Mr.  Crudg- 

ington,  Mr.  Thomason  of  El  Paso,   Mr.   Metcalfe,  and   Mr.  Dudley. 

To  provide  for  the  sale  of  University  lands. 

Postponed  indefinitely.     H.  J.,  p.  1548;  S.  J.,  p.   17  17. 


520  University  of  Texas  Bulletin 

H.  B.  233 — By  Mr.  Sackett.* 

To  extend  the  time  for  payment  of  principal  that  has  become  due 
on.  University,  asylum  and  public  school  lands. 

Reported  favorably.     H.  J.,  p.  1549. 
jj.    B.    404 — By   Mr.    Robertson,    Mr.    Templeton,    Mr.    Carlock,    Mr. 

Blalock,  and  Mr.  Woodul. 

To  authorize  the  Board  of  Regents  of  the  University  of  Texas  to 
issue  bonds,  etc. 

Engrossed.     H.  J.,  p.  1558;  S.  J.,  p.  1721, 
H.  B.  629 — By  Mr.  Johnson. 
.To  provide  for  the  making  of  an  educational  survey. 

Referred  to  committee.     H.  J.,  p.  1571. 
H.  B.  644 — By  Mr.  Robertson. 

To  convey  to  the  University  of  Texas  certain  property  in  Austin 
belonging  to  the  Blind  Institute. 

Became  a  law.     H.  J.,  p.  1572. 
H.  B.  652 — By  Mr.  Johnson. 

To  provide  for  an  educational  survey  of  the  State  institutions  of 
higher  learning. 

Reported  enrolled.     H.  J.,  p.  1572;  S.  J.,  p.  1729. 
H.  B.  752 — By  Mr.  Cope,  Mr.  Crudgington  and  Mr.  Bledsoe. 

To   validate  certain   sales   of   public    free    school,    University    and 
asylum  lands. 

Became  a  law.     H.  J.,  p.  1578;   S.  J.,  p.  1732. 
H.  B.  812 — By  Mr.  DeBogory  et  al. 

To  prescribe  fees  of  admission  to  the  University  of  Texas. 

Referred  to  Committee  on  Education.     H.  J.,  p.  1581. 
H.  J.  R.  6 — By  Mr.  Butler. 

To  authorize  appropriations  out  of  the  general   revenue  for  the 
erection  of  buildings  for  the  University  of  Texas. 

Laid  on  table.     H.  J-,  p.  1585. 
H.  J.  R.  30 — By  Mr.  Tillotson,  Mr.  Butler,  Mr.  Robertson,  Mr.  Sack- 
ett,  Mr.  Davis  of  Grimes. 

To  define  the  constitutional  status  of  the  University  of  Texas  and 
the  Agricultural  and  Mechanical  College. 

Reported  favorably.     H.  J.,  p.  1586. 
H.  C.  R.  13 — By  Mr.  Thomason  of  Nacogdoches. 

To  provide  for  a  joint  meeting  of  the  House  and*  Senate  Com- 
mittees on  Education  to  discuss  H.  B.  652. 

H.  J.  p.  1584;   S.  J.  p.  1737. 
H.  S.  R. — By  Mr.  O'Banion. 

To  provide  for  an  investigation  of  the  charges  against  the  Gov- 
ernor. 

Tabled.      H.  J.   p.    1590. 
H.  S.  R. — By  Mr.  Davis  of  Van  Zandt. 

To  provide  for  a  committee  to  investigate  the  Governor. 

Carried.     Commitee  appointed  and  reported.     H.  J.  p.  15  88. 


A  Source  Boole  of  the  University  of  Texas  521 

[The  stenographic  report  of  the  proceedings  of  this  committee  together 
with  the  relevant  extracts  from  the  House  Journal  were  printed  by  Will 
C.  Hogg  in  a  pamphlet  entitled  "Record  of  Investigation.  .  .  .of  Charges 
Filed  Against  Gov.  .las.  E.  Ferguson";  v.  548  pp.  The  "Dedication  to  the 
People  of  Texas"  refers  to  the  University.] 

S.  B.   17 — By  Mr.  Hudspeth. 

To  provide  for  the  construction  of  certain  buildings  at  the  School 
of  Mines  of  the  State  of  Texas  at  El  Paso. 

Reported  engrossed.     S.  J.  p.  1664;  H.  J.  p.  1592. 
S.  B.  149 — By  Messrs.  Dayton  and  Lattimore. 

To  amend  Chapter  117  of  the  General  Laws  of  the  Thirty-fourth 
Legislature,  relating  to  county  libraries. 

Became  a  law.     S.  J.  p.   1673;   H.  J.  p.   1695. 
S.  B.  357 — By  Mr.  Hudspeth. 

Relating  to  prospecting  for  and  developing  of  minerals  and  other 
substances  in  lands  owned  by  the  State  of  Texas. 

Became  a  law.     S.  .  p.  1690;  H.  J.  p.  1600. 
S.  B.  402 — By  Mr.  Hudspeth. 

To  validate  all  sales  of  free  school  land,  University  land  and 
asylum  land,  made  after  forfeiture  for  non-payment  of  interest. 

Reported  favorably.     S.  J.,  p.  1694. 
S.  B.  404 — By  Mr.  Hudspeth. 

To  repeal  Article  2633,  R.  S.  of  1911,  and  provide  for  the  lease 
and  sale  of  lands  belonging  to  the  permanent  fund  of  the  University 
of  Texas. 

Reported  favorably.     S.  J.,  p.  1694. 
S.  B.  483 — By  Mr.  McNealus. 

To  amend  Article  317,  Title  12,  R.  S.  of  1911,  relating  to  license 
granted  to  graduates  of  the  Law  Department  of  the  University  of 
Texas. 

Reported  favorably.     S.  J.,  p.  1700. 
S.  B.  49  0 — By  Mr.  Hudspeth. 

To  amend  Section  6  of  an  act  of  the  Thirty-fifth  Legislature  per- 
taining to  the  development  of  minerals  in  public  free  school  lands 
and  waters. 

Became  a  law.     S.  J.,  p.  1701;  H.  J.,  p.  1604. 
S.  C.  R.  13 — By  Mr.  Dayton. 

To  provide  for  a  committee  to  determine  the  distinct  fields  of 
operation  to  be  pursued  by  the  A.  and  M.  College,  State  University 
and  Department  of  Agriculture. 

Became  a  law.     S.  J.  p.  1703;   H.  J.  p.   1604. 
S.  C.  R.  22 — By  Messrs.  Alderdice,  Dean  and  Dayton. 

To  provide  for  an  educational  survey  of  the  State  of  Texas. 
Reported  favorably.     S.  J.,  p.  1704. 
S.  C.  R.  27 — By  Mr.  Lattimore  et  al. 

To  express  confidence  in  the  honesty,  honor  and  integrity  of  the 


522  University  of  Texas  Bulletin 

president  and  members  of  the  faculty  of  the  University  of  Texas,  etc., 
and  that  matters  already  investigated  are  regarded  as  already  settled. 

Laid  on  table.     S.  J.,  p.  1704. 

S.   S.   R.   66 — By  Mr.  Lattimore. 

To  provide  for  an  investigation  of  statements  concerning  ap- 
pointees of  the  Governor  as  members  of  the  Board  of  Regents  of 
the  University  of  Texas  and  of  all  matters  concerning  the  University. 

Substitute  adopted.     S.  J.,  p.  1707. 

February  8,  1917.     S.  J.,  pp.  348-349. 

S.   S.  R.   66 — By  Mr.  Lattimore. 

Whereas,  Upon  the  fitness,  ability  and  character  of  the  Board  of 
Regents,  and  their  entire  removal  from  political  entanglement, 
favoritism,  and  private  prejudgment,  and  their  unselfish  devotion 
to  the  cause  of  higher  education  as  embodied  in  a  great  State  Uni- 
versity, depends  the  growth,  success  and  life  itself  of  our  State 
University;  and, 

Whereas,  No  university  can  be  of  the  first  class,  and  attract  and 
hold  the  strongest  men  in  its  teaching  force,  or  have  the  necessary 
harmony  of  co-operation  among  its  teachers,  except  they  be  elected 
for  life,  during  good  behavior  and  maintenance  of  efficiency,  and 
upon  recommendation  of  the  president,  as  is  done  in  all  the  great 
universities  of  the  world;  and 

Whereas,  An  effort  has  recently  been  made  by  the  Governor  of 
this  State  to  have  summarily  removed  a  number  of  the  members  of 
the  teaching  force  of  the  State  University  who  are  among  the  oldest 
in  point  of  service,  which  effort  failed,  after  a  hearing  before  the 
Board  of  Regents,  such  removal  being  opposed  by  Alex  Sanger  of 
Dallas,  Will  C.  Hogg  of  Houston,  David  Harrell  of  Austin,  and  Dr. 
Faber  of  Tyler,  all  of  them  men  of  the  very  highest  character  and 
fitness;  and 

Whereas,  Dr.  Faber  was  the  only  one  of  the  said  named  regents 
appointed  by  the  present  Governor,  and  his  resignation  was  de- 
manded and  accepted  by  the  Governor  because  his  views  upon  the 
removal  of  such  men  were  not  in  harmony  with  those  of  the  Gov- 
ernor;  and 

Whereas,  Notice  was  served  at  the  time  of  said  hearing  that  if  the 
men  were  not  removed  the  Governor  would  bide  his  time  until  other 
members  of  the  Board  of  Regents  could  be  appointed;  and 

Whereas,  The  time  for  appointment  of  other  regents  has  come, 
and  the  names  of  the  aforesaid  distinguished  members  of  the  board 
are  not  now  sent  to  the  Senate  by  the  Governor,  but  other  names 
are  sent;  and, 

Whereas,  It  has  been  brought  to  the  attention  of  members  of  the 
Senate  upon  information  that  one  or  more  of  the  men  whose  names 


A  Source  Book  of  the  University  of  Texas  523 

have  been  sent  in  by  the  Governor  as  his  nominees  for  members  of 
the  Board  of  Regents,  and  certain  members  of  the  Board  of  Regents 
have  already  committed  themselves  to  the  policy  of  the  dismissal 
of  members  of  the  faculty  whose  removal  was  demanded  by  the 
Governor,  and  of  others  because  of  personal  dislike;  and 

Whereas,  The  Senate  feels  very  keenly  its  grave  responsibility  to 
the  people  of  this  State,  and  to  the  State  University  in  the  matter 
of  the  direction  and  support  of  the  University,  and  its  selection  of 
men  to  serve  in  the  high  office  of  regent,  and  believes  only  men 
free  from  bias  or  prejudice  or  prejudgment  should  be  selected  by  it; 
therefore  be  it 

Resolved  by  the  Senate  of  Texas,  That  a  committee  to  be  com- 
posed of  five  members  of  the  Senate  be  selected  by  the  Lieutenant 
Governor,  whose  duty  it  shall  be  to  make  a  full,  complete  and  fair 
Investigation    of   all   matters    concerning    the   University    of    Texas. 

Report  of  Special  Committee  on  Simple  Resolution  No.  60. 

February  15,  1917.     S.  J.,  pp.  525-541 

.  .  Your  Committee  decided  that  it  was  best  to  conduct 
executive  sessions  rather  than  public  sessions,  in  order  that  your 
committee  might  be  enabled  to  finish  its  labors  without  delay  and 
report  back  the  results. 

.  .  .  .  We  were  impressed  with  the  fact  that  the  representa- 
tives of  the  University  of  Texas,  including  its  president  and  Dr. 
W.  J.  Battle,  as  well  as  the  representatives  of  the  Alumni  Asso- 
ciation who  appeared  before  us,  seemed  to  desire  that  the  investi- 
gation which  they  asked  for  be  limited  to  the  charges  which  have 
heretofore  been  preferred  by  His  Excellency,  Governor  James  E. 
Ferguson,  against  certain  members  of  the  faculty  of  the  University 
of  Texas,  and  to  have  the  Senate  state  whether  or  not,  in  its  judg- 
ment, the  action  of  the  Board  of  Regents  in  refusing  to  sustain  said 
charges  was  proper  under  the  circumstances;  and  further  that  an 
investigation  be  held  touching  the  character  and  fitness  of  the  three 
Regents  of  the  university  nominated  by  the  Governor,  and  as  to 
whether  or  not  they  were  pledged  to  any  particular  course  of  action 
before  being  appointed  as  Regents. 

It  seems  that  the  demand  for  an  investigation,  according  to  the 
proponents  of  same,  is  caused  by  the  fact,  as  stated  by  these  pro- 
ponents of  the  investigation,  that  many  rumors  were  afloat  in  the 
State  of  Texas,  touching  the  charges  formerly  preferred  by  Governor 
Ferguson  against  certain  members  of  the  faculty,  and  that  the  State, 
as  a  whole,  seemed  not  to  think  these  charges  were  definitely  set 
at  rest  by  the  action  of  the  Board  of  Regents,  and  by  the  Further 


524       -  University  of  Texas  Bulletin 

fact  that  Senator  T.  E.  Clark,  during  the  session  of  the  present 
Senate,  had  written  a  confidential  letter  to  Dr.  W.  D.  Jones  of  Dallas, 
Texas  (which  letter  is  attached  to  this  investigation),  in  which 
Senator  Clark  stated,  among  other  things,  that  he  did  not  believe 
any  changes  were  contemplated  in  the  faculty  of  the  medical  branch 
of  the  University  of  Texas  at  Galveston,  but  that  he  stood  with 
Governor  Ferguson  in  his  attempt  to  remove  undesirable  characters 
from  the  faculty  of  the  main  university. 

Owing  to  the  limited  time  and  the  engagements  of  the  Governor, 
and  the  fact  that  the  time  of  this  committee  within  the  last  few  days 
has  been  very  much  taken  up  with  its  duties  in  the  open  Senate,  we 
have  not  secured  the  statement  of  the  Governor  of  Texas,  but  in  the 
event  we  do  so  before  this  report  is  made,  we  will  attach  a  copy  of 
his  testimony  to  this  record  for  your  information. 


[Exhibit:  Address  of  Dr.  "Vinson  to  ex-students  at  San  Antonio,  Febru- 
ary, 1917.] 

[Exhibit:  Letter  of  Senator  I.  E.  Clark  to  Dr.  W.  B.  Jones,  dated  Janu- 
ary 12,  1917.] 

.     .     .     .     I  thoroughly  understand  Dr.  Fly's  position  in  regard  to 

the  medical  department  of  the  University Dr.  Fly  had 

rather  see  the  university  "busted  up"  than  to  see  it  succeed  under 
the  management  of  Drs.  Thompson  and  Carter. 

I  had  an  interview  with  the  Governor  the  other  day  in  regard  to 
this  matter,  and  I  do  not  think  that  he  contemplates  the  removal 
of  any  one  of  the  faculty  of  the  medical  department  of  the  university. 
He  will  not  pay  any  attention  to  wrhat  Fly  says  about  either  Thomp- 
son or  Carter.  The  Governor  has  no  desire  to  meddle  with  the 
faculty  of  the  medical  department  of  the  university,  but  he  is  after 
some  of  the  thieves  in  the  university  here  at  Austin,  and  if  there 
is  any  chance  I  want  to  help  him  clean  out  and  purify  the  faculty 
so  that  we  can  have  a  great  university  here. 

[Exhibit:    Statement  by  Senator  I.  E.  Clark.] 

.  .  .  .  But,  after  the  Senate  convened  I  received  a  great  many 
letters  from  the  alumni  of  the  university,  after  the  nomination  of 
Dr.  Lawrence  had  been  sent  to  the  Senate  for  confirmation,  and  they 
stated  that  if  Dr.  Lawrence  was  confirmed  he  wrould  be  an  ally  of 
Dr.  Fly,  and  would  do  everything  that  he  cculd  with  Dr.  Fly  to 
disrupt  the  medical  department  of  the  university.      .      .      ... 

[Exhibit:    Address  by  Dr.  W.  D.  Jones.] 

.  .  .  .  I  believe  if  one  member  of  Board  of  Regents  is  con- 
firmed it  will  mean  a  disruption  in  the  present  faculty  of  the  medical 
department. 


A  Source  Book  of  the  University  of  Texas  525 

I  will  say  that  there  ought  to  be  an  investigation  of 
the  conduct  of  the  Board  of  Regents  for  at  least  four  years  back  in 
justice  to  the  men  going  out  and  those  that  remain.  It  will  develop 
if  there  has  been  anything  said  reflecting  on  the  board 

[Exhibits:     A  letter  from  Dr.  Fly  to  Dr.  Thompson  attacking  the  latter. 

A  letter  from  Dr.  Thompson  to  Dr.  Battle  transmitting  Dr.  Fly's  letter 
and  asking  for  an  investigation. 

Resolutions  of  the  Alumni  Association  of  the  Medical  Department  en- 
dorsing Dr.  Thompson. 

A  letter  of  Dr.  Fly  to  Dr.  J.  J.  Terrill,  stating  that  said  resolutions  had 
been   "railroaded   through." 

A  letter  from  Dr.  Thompson  to  the  Board  of  Regents  asking  for  an 
Investigation. 

Two  letters  from  pr.  Fly  to  Dr.  Thompson   attacking  the  latter. 

A  telegram  from  President  S.  E.  Mezes:] 

During  the  interval  when  Dr.  Fly  was  not  a  regent  in  1911  I 
think  we  were  urging  the  Legislature  to  transfer  the  Galveston  quar- 
antine fund  balance  to  our  Medical  Department.  In  conversation 
with  Dr.  Fly  in  Galveston  he  offered  to  advocate,  instead  of  opposing, 
the  transfer  if  I  would  have  Dr.  Lawrence  made  a  full  professor. 

I  declined  to  meet  the  condition 

S.  E.  MEZES. 

[Exhibit:  A  letter  from  Dr.  Jones  to  Governor  Ferguson  transmitting 
the  above  exhibits.] 

[Continuing  his  address,  Dr.  Jones  said:] 

.     .     .     .     The  Governor  merely  acknowledged  receipt 

As  I  stated  to  you  a  few  moments  ago,  I  know  nothing  against 
Dr.  Lawrence's  personal  character.  I  had  a  conversation  with  him 
Saturday,  one  week  ago,  and  we  talked  very  frankly.  He  knows  I 
have  nothing  personal  against  him.  He  knows  that  if  I  believed 
he  would  line  himself  up  with  any  faction  to  the  detriment  of  the 
Medical  Department  I  would  do  my  best  to  keep  him  from  being 
confirmed  by  the  Senate. 

Somebody  ought  to  be  responsible  if  disruption  occurs  in  the  Medi- 
cal Department.  Then  I  asked  him  if  he  favored  a  change  in  the 
rule  of  the  Board  of  Regents  as  had  been  advocated  by  Dr.  Fly,  to 
take  the  power  of  nominating  and  dismissal  of  members  of  the 
faculty  out  of  the  hands  of  the  president,  which  is  Section  6  of  the 
rules  and  relulations,  Board  of  Regents  (reads  it).  He  says  this: 
I  favor  a  change  in  that  rule.  It  gives  the  president  of  the  University 
too  much  authority 

I  am  opposed  to  Dr.  Lawrence's  confirmation. 

[Statement  of  Dr.   Vinson.] 

I  wish  to  make  statement  as  to  the  reasons  which  led  up  to  the 
action  of  the  president  and  faculty  of  the  University  in  sending  peti- 


526  University  of  Texas  Bulletin 

tion  to  the  Legislature  requesting  that  an  investigation  be  con- 
ducted into  all  affairs  of  the  university.  That  was  in  line  with 
request  made  by  Board  of  Regents  in  printed  report  of  hearing 
held  last  October.  Also  in  line  with  desires  of  General  Welfare 
Committee  of  ex-Students'  Association  of  the  university. 

First  of  all,  we  were  moved  in  this  matter  to  ask  for  an  investi- 
gation by  the  fact  that  these  other  requests  for  investigation  had 
been  made.  The  president  and  faculty  of  the  university  could  not 
remain  silent  and  not  express  themselves  upon  this  matter  when 
an  investigation  had  been  called  for  by  other  bodies,  including 
governing  board  of  the  institution,  without  laying  itself  liable  to 
have  its  silence  misunderstood  and  misinterpreted. 


[Exhibit:  Report  of  the  investigation  by  the  Regents,  page  139,  begging 
for  a  legislative  Investigation.] 

[Exhibit:  A  letter  of  Dr.  "W.  IX  Jones  to  Senator  I.  E.  Clark,  in  part  as 
follows:] 

"It  appears  that  Dr.  Fly  was  a  professor  in  the  old  Galveston 
Medical  College  prior  to  the  establishment  of  the  medical  branch  of 
the  university  at  Galveston,  which  took  over  this  medical  school, 
but  reorganized  its  faculty.  Dr.  Thompson's  services  were  secured 
at  about  the  same  time  that  Dr.  Keiler's  were  also  secured.  Dr. 
Fly  was  left  out  of  the  faculty  when  it  was  reorganized  as  the  medi- 
cal department  of  the  University  of  Texas.  At  that  time  Dr.  Fly 
was  doing  considerable  surgery  at  Galveston,  but  of  course  was  not 
a  good  teacher  of  surgery,  or  at  least  those  who  had  the  power  to 
organize  the  faculty  thought  of  one  whom  they  thought  was  better 
and  selected  Dr.  Thompson."      .     . 

[Dr.   Vinson  continued:] 

From  standpoint  of  my  own  official  responsibility  in  this  matter, 
I  say  this:  I  hold  no  brief  for  any  member  of  the  faculty  who  has 
been  charged  with  misconduct  or  who  may  be  charged  with  miscon- 
duct or  who  may  be  discovered  to  have  been  guilty  of  misconduct. 

•  •  .  .  A  charge  like  that  made  by  Senator  Clark,  ["thieves 
in  the  University"]  I  think  you  will  agree  with  me,  is  a  reflection 
upon  every  individual  connected  with  the  University  of  Texas.  That 
it  either  ought  to  be  substantiated  or  it  ought  to  be  retracted.  The 
people  of  Texas  have  the  right  to  know  whether  it  is  true  or  not 
I  do  not  know  of  anything  that  could  be  uncovered,  so 
far  as  conduct  of  the  members  of  the  faculty  are  concerned.  If 
you  will  allow  me  to  express  an  opinion,  I  am  in  hopes  an  investiga- 
tion by  the  Senate  will  cause  it  to  be  decided  to  have  such  changes 


A  Source  Book  of  the  University  of  Texas  527 

in  the  whol,e  method  of  management  of  the  University  as  will  make 
a  condition  like  this  forever  impossible  in  the  future. 


My  business  is  to  run  the  University  under  such  board  as  the 
Senate  may  confirm,  and  I  propose  to  do  it  with  that  board.  I  am 
not  here  as  president  of  the  University  to  ask  you  to  fail  in  your 
confirmation  of  any  man  whom  the  Governor  has  named.  My  re- 
sponsibility begins  where  yours  ends. 

[Senator  Page  asked:] 

If  the  Governor  appears  before  this  committee  and  says  that  he 
recognizes  as  final  the  findings  of  the  Board  of  Regents  as  far  as 
he  was  concerned,  do  you  think  then  it  would  be  necessary  for  us 
to  go  into  this  investigation?  That  probably  Dr.  Clark  wrote  a 
hotheaded  letter  he  ought  never  to  have  written.  That  such  in- 
vestigation as  we  ought  to  hold  would  be  to  investigate  character 
and  fitness  of  men  the  Governor  has  named  for  Board  of  Regents, 
we  ought  to  investigate  so  as  to  find  out  from  them  whether  they 
have  mad-e  any  pledges  to  the  Governor  as  to  their  course  on  the 
Board  of  Regents;  that  this  is  the  sort  of  an  investigation  we  ought 
tc  have? 

[Dr.  Vinson  an?v>ered:] 

I  will  say  if  investigation  held  by  Board  of  Regents  and  conclu- 
sions arrived  at  by  board  is  to  be  regarded  as  a  matter  settled 
finally;  if  Senate  will  make  such  investigation  of  men  appointed  as 
to  guarantee  that  it  will  be  considered  as  matters  already  settled, 
so  far  as  your  investigation  can  do,  if  this  is  done  and  by  so  doing 
the  University's  name  before  the  people  of  Texas  is  set  forth  as  an 
honorable  one  and  its  integrity  as  being  without  question,  no  further 
investigation  of  these  matters  will  be  needed  at  all. 

.     .     .     I   have   no   fight   to   make   on    any   appointments   the 
Governor  may  make. 


[Exhibit:  Letter  of  Governor  James  R  Ferguson  to  Senators  Dayton, 
Page  and  Henderson,  Committee  on  University  Investigation  Matter.] 

Gentlemen:  In  response  to  your  request  as  to  my  attitude  on  the 
question  of  whether  it  is  necessary  to  have  an  investigation  of  the 
University  affairs,  permit  me  to  say  that,  in  my  opinion,  the  entire 
management  of  the  University  of  Texas  should  be  allowed  to  remain 
and  continue  within  the  discretion  and  judgment  and  power  con- 
ferred upon  the  Board  of  Regents  by  the  Constitution  of  the  State 
of  Texas 


University  of  Texas  Bulletin 
February  5,  1917;  S.  J.,  p.  307 

Senate  invited  to  the  laying  of  the  corner  stone  of  the  Education 
Building. 

February   17,    1917;    H.   J.   p.   672 

[Section  4  of  H.  S.  R.  by  Mr.  O'Banion]  That  the  Governor  is 
seeking  to  inject  politics  into  the  management  of  the  State  Uni- 
versity ....  by  placing  said  institution  under  the  supervi- 
sion and  control  of  certain  boards  dominated  and  influenced  by 
the  said   Governor. 

February  19,  1917;  H.  J.  p.  695 

[The  Governor,  addressed  the  House,  saying  in  reply,  among  other 
things:  "I  want  my  friends  to  help  me  run  the  government,  and 
if  you  want  your  enemies  to  help  you  do  it,  then  you  haven't  got 
sense  enough  to  be  governor."]  Ferguson's  War  on  the  University, 
p.  17. 

February  20,  1917;   S.  J.,  p.  585 

[Senator  Dayton  offered  a  substitute,  which,  after  some  parliamentary 
wrangling  was  withdrawn  for  correction  and  re-introduced  as  an  amend- 
ment to   S.   R.   66.] 

Whereas,  the  testimony  taken  by  the  Board  of  Regents  of  the 
University  of  Texas  having  been  published  and  a  copy  of  same  hav- 
ing been  sent  each  Senator,  and  members  of  the  Senate  having  had 
an  opportunity  to  read  and  consider  the  same,  that  it  is  the  sense 
of  the  Senate: 

First- — That  the  Board  of  Regents  went  into  the  charges  thorough- 
ly, as  same  were  properly  called  to  their  attention  by  the  Governor, 
and  the  evidence  has  sufficiently  developed  that  there  is  not  sufficient 
occasion  for  the  reopening  and  the  reconsidering  of  the  conclusions 
of  said  board. 

Second — That  the  investigation  disclosed  some  careless  practices 
not  amounting  to  moral  turpitude  that  had  grown  up  in  the  man- 
agement of  the  university  during  its  33  years  of  existence,  and  these 
careless  methods  have  all  been  rectified,  and  considering  that  the 
university  is  33  years  old  and  has  grown  to  be  a  large  institution, 
of  which  the  State  is  proud,  and  upon  which  the  State  and  the 
people  are  to  be  congratulated  that  there  was  as  little  found  in 
its  management  subject  to  criticism  as  was  found,  and  the  Governor 
having  stated  "he  did  not  consider  further  investigation  necessary"; 
therefore,  be  it 

Resolved,  That  the  judgment  of  the  Board  of  Regents  on  matters 
considered  by  them,   including  charges  against  individuals,   and  all 


A  Source  Book  of  the  University  of  Texas  529 

other  matters  considered  by  said  board  at  said  hearing  were  and  of 
right  out  to  be  regarded  by  each  Senator  as  res  adjudicata. 

Be  it  further  resolved,  That  the  investigation  herewith  provided 
for  as  to  any  matters  connected  with  the  university  be  and  the  same 
is  hereby  fully  satisfied  by  the  adoption  of  this  amendment  to  the 
original  resolution,  and  that  the  committee  provided  for  in  the 
original  resolution  confine  its  investigations  to  the  questions  per- 
taining to  the  fitness  of  the  proposed  members  of  the  Board  of 
Regents,  and  those  matters  affecting  that  question. 

February  27,  1917;   S.  J.,  p.  737 

Senate  refused  to  confirm  Dr.  D.  H.  Lawrence  as  a  Regent. 
March  3,  1917;  H.  J.  p.  1023 

Mr.  Bledsoe  moved  that  Governor  Ferguson  be  invited  to  address 
the  House  [in  regard  to  H.  S.  R.  by  Mr.  Davis  of  Van  Zandt.  Gov. 
ernor  Ferguson  said  in  part,  "two  influences  are  responsible  for  the 
charges  made  here  today  ....  T.  N.  Jones  and  the  State  Uni- 
versity have  conspired  ....  to  effect  my  ruin."]  Ferguson's 
War  on  the  University,  p.   19. 

LAWS 

H.  B.  103;  Ch.  49,  pp.  87-88 

An  Act  to  authorize  the  construction  of  and  make  an  appropriation 
for  the  construction  of  a  main  building,  chemical  laboratory 
building,  dormitory  and  power  house  for  the  School  of  Mines  of 
the  State  of  Texas,  located  in  El  Paso,  Texas,  and  to  make  an  ap- 
propriation of  all  funds  collected  from  insurance  on  the  burned 
buildings  of  said  School  of  Mines  for  said  purpose  and  for  furnish- 
ing, equipping  and  maintaining  said  School  of  Mines,  and  declar- 
ing an  emergency. 

Section  1.  There  shall  be  constructed  by  the  duly  authorized 
authorities  at  El  Paso,  Texas,  for  the  School  of  Mines,  a  main  build- 
ing, chemical  laboratory  building,  dormitory  and  power  house,  all 
for  said  School  of  Mines,  and  the  sum  of  one  hundred  thousand  dol- 
lars ($100,000.00),  or  so  much  thereof  as  may  be  necessary,  is  here- 
by appropriated  for  said  purpose,  out  of  any  funds  in  the  Treasury 
not  otherwise  appropriated.  Provided,  that  said  buildings  ?hall  be 
of  fire-proof  construction  and  all  plans  and  specifications  for  the 
erection  of  the  same  and  for  the  installation  of  fire  protection  shall 
be  subject  to  the  approval  of  the  State  Fire  Insurance  Commission. 
All  funds  collected  from  fire  insurance  policies  on  the  recently 
burned  buildings  of  the  School  of  Mines  are  hereby  appropriated  for 

34—227 


530  University  of  Texas  Bulletin 

the  purpose  of  equipping,  maintaining  and  supporting  said  School  of 
Mines  and  replacing  whatever  was  destroyed  by  said  fire  as  well,  and 
any  surplus  thereof  is  hereby  appropriated  as  an  additional  amount 
for  the  construction  of  the  buildings  aforenamed,  or  such  other  build- 
ing as  may  be  necessary  to  be  used,  in  the  discretion  of  the  governing 
authorities  of  said  School  of  Mines. 

i  .  2.  Provided,  that  no  money  herein  or  hereby  appropriated  for 
any  purpose  shall  be  paid  out  to  any  person,  directly  or  indirectly, 
upon  any  contract  or  agreement  between  such  person  and  the  Board 
authorizing  the  payment  of  the  same,  where  any  member  of  such 
Board  is  related  to  such  person,  by  blood  or  marriage,  or  where  such 
person  is  directly  or  indirectly  indebted  to  any  member  of  such 
Board. 

Sec.  3.  The  fact  that  the  main  building  of  the  School  of  Mines 
was  recently  destroyed  by  fire  and  its  equipment  practically  all  de- 
stroyed and  that  said  school  is  in  the  middle  of  its  school  term, 
creates  an  emergency  and  an  imperative  public  necessity  that  the 
constitutional  rule  requiring  bills  to  be  read  on  three  several  days 
be  suspended  and  that  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage,  and  it  is  so  enacted. 

Approved  February  2  8,   1917. 

S.  B.  149;  Ch.  57,  pp.  98-99 

An  Act  to  amend  Chapter  117  of  the  General  Laws  of  the  State  of 
Texas,  passed  at  the  Regular  Session  of  the  Thirty-fourth  Legisla- 
ture of  Texas  relating  to  county  libraries. 

Section  6.  A  commissioner  is  hereby  created  to  be  known  as  the 
State  board  of  library  examiners,  consisting  of  the  State  librarian, 
who  shall  be  ex-officio  chairman  of  the  board,  the  librarian  of  the 
State  University,  and  three  other  well  trained  librarians  of  the  State, 
who  shall  at  first  be  selected  by  the  State  librarian  and  the  librarians 
of  the  State  University.  The  term  of  each  shall  be  for  six  years, 
one  retiring  every  two  years.  His  successor  shall  be  chosen  by  the 
remaining  members  of  the  board  in  executive  session.  The  mem- 
bers of  said  board  shall  receive  no  compensation  for  their  services 
except  actual  necessary  traveling  expenses  paid  out  of  the  State 
library  fund.  Said  board  shall  arrange  for  an  annual  meeting  and 
for  such  other  meetings  as  may  be  necessary  in  the  pursuance  of  its 
duties.  Said  board  shall  pass  upon  the  qualifications  of  all  persons 
desiring  to  become  county  librarians  in  the  State  of  Texas  and  may 
in  writing  adopt  rules  and  regulations  not  inconsistent  with  the  law 
for  its  government  and  for  the  carrying  out  of  the  purpose  of  this 
Act. 

Approved  March  5,  1917. 


A  Source  Book  of  the  University  of  Texas  531 

S.  B.  357;  Ch.  83,  pp.  158,  165 

An  Act  to  amend  Chapter  173  of  the  Regular  Session  of  the  Thirty- 
third  Legislature  approved  April  9,  1913,  relating  to  the  prospect- 
ing for  and  the  development  of  the  minerals  and  other  substances 
in  the  public  land,  public  islands  and  public  waters  and  river  beds 
and  channels  owned  by  the  State,  and  in  the  unsold  land  belonging 
to  th-e  public  free  school  fund,  the  University  fund  and  the  several 
asylums  fund  and  in  such  of  said  land  as  has  heretofore  been 
sold  or  may  hereafter.be  sold  with  the  reservation  of  the  minerals 
and  other  substances  therein  to  the  fund  to  which  the  land  be- 
longs; providing  the  royalty  and  other  sums  and  compensation  to 
be  paid  to  the  State  and  owners  of  the  surface,  and  appropriating 
the  proceeds  to  certain  funds;  providing  for  ingress  and  -egress; 
providing  one  may  pay  cash  for  mineral  claims,  and  obtain  patents 
and  change  former  claims  to  rights  under  this  Act;  providing  for 
the  adoption  of  rules  and  regulations  by  the  Commissioner  of  the 
General  Land  Office,  repealing  the  remaining  portion  of  this  said 
Chapter  173  which  may  not  be  amended  and  all  other  statutes 
in  conflict  with  this  Act,  and  declaring  an  emergency. 

Section  17.  The  proceeds  arising  from  the  activities  under  this  Act 
which  affects  land  belonging  to  the  public  free  school  fund,  the  per- 
manent University  fund  and  the  permanent  fund  of  the  several  asy- 
lums shall  be  credited  to  the  permanent  fund  of  said  institutions  and 
the  proceeds  arising  from  the  activities  affecting  other  areas  shall  be 
credited  to  the  Game,  Fish  and  Oyster  fund. 

Approved  March  16,  1917. 

H.  B.  752;  Ch.   138,  p.  343 

An  Act  to  validate  all  sales  of  public  free  school  land,  University  land 
and  Asylum  land  which  were  made  after  forfeiture  for  non-pay- 
ment of  interest  but  prior  to  the  entry  of  such  forfeiture  on  the 
account  kept  with  the  purchaser,  and  all  sales  of  said  laud  which 
were  made  upon  applications  filed  prior  to  the  cancellation  of  a 
former  sale  for  the  failure  of  the  owner  to  reside  on  the  land,  and 
declaring  an  emergency. 

Whereas,  the  land  sales  Acts  of  18S7  and  1895  were  so  construed 
from  date  of  enactment  until  the  decision  of  the  Supreme  Court  in 
the  case  of  Chambers  vs.  Robison,  179  Southwestern  Reporter,  Page 
123,  on  October  13,  1915,  to  mean  the  entry  of  forfeiture  for  non- 
payment of  interest  on  the  account  kept  with  the  purchaser  was  not 
a  necessary  condition  precedent  to  a  new  sale  of  the  land,  and 


532  University  of  Texas  Bulletin 

Whereas,  the  same  Acts  were  so  construed  as  to  mean  a  cancel- 
lation of  a  former  sale  for  the  non-residence  on  the  land  by  the 
owner  was  not  a  necessary  condition  precedent  to  a  new  sale  to  one 
who  filed  an  application  prior  to  such  cancellation,  until  the  decision 
by  the  Supreme  Court  in  the  case  of  Adams  vs.  Terrell,  107  South- 
western, Page  537,  and 

Whereas,  during  these  twenty-eight  years  several  thousand  such 
sales  have  been  made  and  which  sales  have  been  declared  invalid 
by  said  Court  are  perhaps  now  the  basis  of  many  homes,  and 

Whereas,  under  the  law  those  titles  are  in  such  condition  that  no 
one  except  the  state  can  attack  them,  and 

Whereas,  the  purchasers  of  the  land  affected  as  herein  alleged  are 
keeping  their  interest  payments  paid  and  otherwise  discharging  their 
obligations  to  the  State  and  are  justly  entitled  to  have  the  title  to 
their  lands  and  homes  made  secure  against  any  possible  future  at- 
tack by  the  State,  therefore 

Section  1.  All  sales  of  public  free  school  land,  University  land 
and  asylum  land  which  were  made  after  a  former  sale  had  been 
forfeited  for  non-payment  of  interest  and  before  the  entry  of  such 
forfeiture  had  been  entered  on  the  account  kept  with  the  owner,  and 
all  sales  of  said  land  which  were  made  upon  purchase  applications 
filed  before  a  former  sale  had  been  cancelled  for  the  failure  of  the 
owner  to  reside  upon  the  land  are  hereby  validated  and  shall  here- 
after be  deemed  valid  so  far  as  the  State  is  concerned;  provided,  no 
rights  of  third  persons  shall  be  affected. 

Approved  March  29,  1917. 

S.  B.  490;  Ch.  170,  p.  382 

An  Act  to  amend  Section  Six  of  an  Act  passed  by  the  present  session 
of  the  Thirty-fifth  Legislature  and  approved  on  the  16th  day  of 
March,  1917,  pertaining  to  the  development  of  minerals  in  the 
public  free  school,  University,  Asylum,  and  other  public  lands  and 
waters,  and  declaring  an  emergency. 
Approved  March  31,  1917. 

[Law  has  not  been  operative  as  to  University  lands.] 

H.  B.  2;   Ch.  190,  p.  416 

An  Act  to  establish  a  State  Highway  Department,  creating  a  State 
Highway  Commission,  and  the  office  of  State  Highway  Engineer; 
authorizing  the  use  by  the  Department  of  the  Labo- 
ratories of  the  University  of  Texas  and  of  the  Agricultural  and 

Mechanical  College  of  Texas  for  analyses  of  road  materials 

Sec.  13.  The  laboratories  maintained  at  the  Agricultural  and 
Mechanical  College  of  Texas  and  at  the  University  of  Texas  shall  be 
at  the  disposal  and  direction  of  the  State  Highway  Engineer  for  the 


A  Source  Book  of  the  University  of  Texas  533 

purpose  of  testing  and  analyzing  road  and  bridge  material,  and  it 
shall  be  the  duty  of  those  in  charge  of  said  laboratories  to  co-operate 
with  and  assist  the  State  Highway  Engineer,  to  the  end  that  the 
best  interests  of  the  State,  may  be  advanced  in  this  connection.  The 
commission  shall  purchase  all  necessary  supplies  and  materials  re- 
quired in  the  administration  of  this  Act,  and  shall  have  authority 
to  employ  all  clerical  and  other  assistance  necessary  to  carry  out 
the  provisions  of  this  Act,  and  it  shall  pay  such  labor  the  reasonable 
and  customary  price  per  day,  month  or  year  for  the  class  of  work 
performed. 

Approved  April  4,   1917. 

H.  C.  R.  13;  p.  492 

Tendering  use  of  the  House  of  Representatives  for  joint  meeting  of 
Educational  Committees 

Whereas,  House  Bill  No.  652  is  of  vital  importance  to  the  edu- 
cational welfare  of  Texas,  and 

Whereas,  Every  member  of  the  Legislature  having  the  best  in- 
terest of  the  education  of  the  youth  of  this  State  at  heart,  does  desire 
to,  and  ought  to  know  what  the  purposes  of  this  Bill  are,  therefore 
be  it 

Resolved,  That  those  who  desire  to  be  heard  on  this  measure  be 
invited  to  address  a  joint  meeting  of  the  Committee  on  Educational 
Affairs  of  the  Senate  and  the  Committee  on  Education  of  the  House, 
and  all  others  who  desire  to  attend  such  a  hearing,  at  a  meeting  to 
be  held  in  the  Hall  of  Representativs  on  the  evening  of  Friday, 
February  16,  1917,  beginning  at  7:30  o'clock,  and  be  it  further 

Resolved,  that  the  Senate  be  asked  to  concur  in  this  resolution. 

Approved  February  16,  1917. 

w 

C.  S.  for  S.  C.  R.  13;  pp.  495-496 

Providing  for  investigation  of  conflicts  of  work  being  clone  by  certain 
State  institutions  and  departments 

Whereas,  your  Committee  on  Agriculture  and  Sub-committee  on 
Agriculture  have  found  from  testimony  and  hearings  before  them, 
that  there  is  conflict,  duplication  and  repeating  in  the  work  carried 
on  by  the  A.  &  M.  College,  the  University,  the  Extension  Boards, 
the  Department  of  Education,  the  Warehouse  and  Marketing  Depart- 
ments, and  the  Department  of  Agriculture,  and 

Whereas,  said  committees  have  found  out  from  said  hearings  that 
there  is  friction  existing  among  said  institutions  resulting  from  said 
duplicating  and  repeating  work,  and, 


534  University  of  Texas  Bulletin 

Whereas,  it  appears  that  said  institutions  cannot  agree  among 
themselves  upon  the  functions  and  lines  along  which  each  should 
o  as  not  to  interfere  with,  over-lap  and  impede  the  progress  of 
each  other, 

Be  il  resolved:  by  the  Senate  and  House  concurring,  that  a  Joint 
committee  of  this  Legislature  composed  of  two  Senators  and  three 
members  of  the  House,  be  appointed  by  the  President  of  the  Senate 
and  the  Speaker  of  the  House,  to  consider,  investigate  and  determine, 
under  the  constitution  and  laws  of  Texas,  the  distinct  and  specific 
fields  of  operation  to  be  pursued  by  each  of  said  institutions,  so  as 
to  avoid  and  eliminate  the  duplicating  and  friction  existing  among 
said  institutions,  and  that  said  committee  be  allowed  sufficient  time 
to  minutely  go  into  these  matters  and  prescribe  the  exact  sphere  of 
each  of  said  institutions  to  the  end  that  this  Legislature  be  requested 
to  make  appropriations  for  each  institution  in  the  sphere  of  activity 
as  prescribed  by  this  committee  only,  and  the  duplicating,  repeating 
and  over-lapping  work  done  by  said  institutions  may  be  entirely 
eliminated,  so  that  each  shall  perform  certain  specific  acts  and  things 
as  provided  by  law  and  to  the  end  that  each  institution  may  be 
strengthened  in  its  own  sphere  of  usefulness  and  an  enormous  amount 
of  money  saved  to  the  tax  payers  of  Texas. 

Approved  March  6,  1917. 

THIRTY-FIFTH  LEGISLATURE,  FIRST  CALLED  SESSION, 
APRIL  18  TO  MAY  17,  1917 

MESSAGE  OF  GOVERNOR  JAMES  E.  FERGUSON 

May  14,  1917;  H.  J.  p.  300;  S.  J.  p.  218 

I  hereby  respectfully  submit  for  your  consideration  the  matter 
of  placing  under  the  control  of  the  University  of  Texas  for  the  use 
and  benefit  of  the  University,  the  buildings  and  grounds  now  oc- 
cupied by  the  State  Institution  for  the  Blind.  The  said  buildings 
and  grounds  to  be  under  the  management  of  the  University  upon 
the  completion  of  the  new  buildings  for  the  Blind  Institute. 

PROCEEDINGS   IN   THE  LEGISLATURE 

H.  B.   13— By  Mr.  Peyton. 

To  appropriate  for  the  support  of  the  educational  institutions. 

Became  a  law.      H.  J.   pp.   469-470;    S.  J.  pp.   406-407. 
H.  B.  57 — By  Mr.  Bledsoe. 

To  validate  certain  purchases  of  school  lands. 

Became  a  law.     H.  J.  p.  472;  S.  J.  p.  409. 


A  Source  Book  of  the  University  of  Texas  535 

H.  B.  93 — By  Mr.  Thomason  of  El  Paso. 

To  vest  title  to  property  of  old  Blind  Institute  in  the  University. 

Became  a  law.     H.  J.  pp.  300,  475;  S.  J.  p.  411. 
S.  B.   11 — By  Mr.  Hudspeth. 

To  appropriate  for  the  support  of  the  Educational  institutions. 

Reported  favorably  with  amendment.     S.  J.  p.   396. 
S.  B.  54 — By  Mr.  Hudspeth. 

To  appropriate  for  vocational  education  and  accept  the  benefits 
of  the  Federal  Acts  for  same. 

Became  a  law.     S.  J.  p.  399;  H.  J.  p.  479. 
S.  S.  R.  26 — By  Mr.  Harley. 

To  accept  an  invitation  and  extend  thanks  to  Dr.  Shurter  for 
supper  at  the  Men's  Gymnasium. 

Adopted.      S.   J.   p.    404. 

April  18,  1917.     II.  J.  pp.   10-11;   S.  J.  p.  28 

Tendering  use  of  Hall  for  Texas-California  Debate. 

May  3  and  4,  1917.     H.  J.  p.  10S  and  121 
Tendering  use  of  Hall  to  Interscholastic  League. 

May  12,  1917.     H.  J.  pp.  355-358;   S.  J.  pp.  262-265,  p.  21 

Report  of  the  Joint  Committee  appointed  under  S.  C.  R.  13  ot 
the  Regular  Session  on  Conflicting  Extension  Work. 

"We  find  that  on  February  8,  1917,  an  agreement  was  signed  by 
W.  F.  Doughty,  for  the  State  Department  of  Education;  F. *M.  Bral- 
ley,  for  the  College  of  Industrial  Arts;  Robert  E.  Vinson,  for  the 
University  of  Texas;  W.  B.  Bizzell,  for  the  A.  and  M.  College;  W. 
H.  Bruce,  for  the  four  State  Normals,  and  by  Charles  S.  Meek,  Al- 
vin  Dille,  E.  T.  Genheimer,  J.  G.  Fuqua,  Oscar  H.  Cooper  and  J.  C. 
Williams,  for  the  city  and  high  schools  and  the  senior  and  junior  in- 
dependent colleges  of  Texas,  whereby  the  duties  and  prerogatives, 
respectively,  of  all  the  State's  educational  institutions  were  clearly 
outlined  and  defined,  and  the  so-called  extension  work,  together 
with  other  important  studies,  was  placed  under  the  general  super- 
vision of  the  State  Department  of  Education.  Each  institution 
is  bound  by  this  agreement  and  can  not  duplicate  nor  overlap  any 
of  the  others  in  their  work,  whether  it  be  for  extension  work  or 
otherwise.  Apparently  the  State's  educational  interests  are  now  cor- 
related and  co-operative  in  all  essential  parts  and  branches,  which 
will  undoubtedly  effect  much  good  both  in  economy  of  management 
and  efficiency  of  service,  and  the  agreement  thus  voluntarily  en- 
tered into  by  these  institutions  effectually  answers  the  inquiry  which 
this  committee  was  specially  delegated  to  direct  to  them. 

[Relates    to    the    affiliation    of   high    schools.] 


536  University  of  Texas  Bulletin 

"For  example,  as  a  result  of  this  agreement  the  following  items 
were  eliminated  from  the  budget  of  the  University  of  Texas,  in  ask- 
ing for  appropriations  for  1918  and  1919,  that  were  carried  on  the 
budget  for  1916  and  1917  at  a  total  cost  of  $58,278.35,  to  wit: 

Division  of  Home  Economics. 

Division  of  Human  Conservation. 

Division  of  Public  Discussion. 

Division  of  Public  School  Improvement. 

Division  of  Public  School  Interests. 

Division  of  Public  Welfare. 

The  reports  from  the  other  educational  institutions  were  not  fur- 
nished the  committee  in  as  concrete  and  understandable  a  form  as 
that  of  the  University  of  Texas,  but  we  gather,  nevertheless,  that 
proportionately  an  equal  amount  in  saving  of  public  funds  and 
achievement  in  efficiency  has  been  effected  by  all  parties  to  the 
agreement. 

Geo.  W.  Dayton,  chairman;  James  F.  Denton,  Secretary;  Carlos 
Bee;  Thomason  of  Nacogdoches;  R.  L.  McDowra. 

LAWS 

H.  B.  93,  Ch.  39,  p.  62 

An  Act  to  vest  title  to  the  property  near  the  intersection  of  Nine- 
teenth Street  and  East  Avenue,  in  the  City  of  Austin,  Travis 
County,  Texas,  belonging  to  the  Blind  Asylum  in  the  University 
of  Texas,  and  to  direct  conveyance  thereof  to  the  State  University, 
and  declaring  an  emergency. 

Sectiox  1.  That  the  title  to  the  property  near  the  intersection 
of  Nineteenth  Street  and  East  Avenue  in  the  City  of  Austin,  Travis 
county,  Texas,  belonging  to  the  State  Blind  Asylum,  consisting  of 
the  grounds  and  buildings  now  occupied  by  the  said  Blind  Asylum, 
be  and  the  same  is  hereby  vested  in  the  University  of  Texas  for  a 
period  not  to  exceed  ten  years,  and  the  Chairman  of  the  Board  of 
Trustees  of  said  Blind  Asylum  is  empowered  and  directed  upon  com- 
pletion of  the  new  buildings  for  said  Blind  Asylum  now  in  course 
of  erection  in  Austin,  Texas. 

Sec.  2.  The  fact  that  a  state  of  war  now  exists  between  the  United 
States  and  Germany,  and  that  said  property  is  to  be  used  for  a  school 
of  aviation,  creates  an  emergency,  and  an  imperative  public  nec- 
essity for  the  suspension  of  the  constitutional  rule  requiring  bills 
to  be  read  on  three  several  days,  and  this  rule  is  hereby  sus- 
pended, and  that  this  Act  take  effect  from  its  passage,  and  it  is 
so  enacted. 

Approved  May  25,  1917. 


A  Source  Book  of  the  University  of  Texas  537 

H.  B.  13;  Ch.  43,  pp.  109-127 

An  Act  making  appropriations   to   pay  the  salaries  of  officers  and 
employes  of  certain  educational  institutions  and  other  expenses  of 
maintaining  and  conducting  them  as  follows,  to-wit:     University  of 
Texas,  Agricultural  and   Mechanical   College,   State  Experimental 
Station,    Prairie    View    Normal,    College    of    Industrial    Arts    for 
Women,    Sam    Houston    Normal   Institute,    North    Texas    Normal, 
Southwest  Texas  Normal  School,  West  Texas  Normal  School  and 
School  of  Mines   at   El   Paso,   East  Texas   Normal   College,   John 
Tarleton  Agricultural  College,  and  declaring  an  emergency. 
Section  1.     That  the  following  sums  of  money,  or  so  much  thereof 
as  may  be  necessary,  be  and  the  same  are  hereby  appropriated  to 
pay  the  salaries  of  officers  and  employes  and  other  expenses  neces- 
sary for  the  support  and  maintenance  of  certain  educational  institu- 
tions of  the  State  as  follows,  to-wit: 

University  of  Texas. 
For  the  maintenance,  support,  and  direc- 
tion of  the  University  of  Texas,  includ- 
ing the  Medical  Department  at  Galves- 
ton, including  the  construction  of  build- 
ings, for  the  years  beginning  September 
1st,     1917,     and     ending    August     31st, 
1919,  all  the  available  University  funds, 
including  interest  from  its  bonds,   land 
notes,    endowments    and    donations,    all 
gifts  and  fees  collected,  and  all  receipts 
whatsoever  from  any  source.     For  the 
maintenance,    support   and   direction   of 
the  University  of  Texas,   including  the 
'  Medical    Department   at    Galveston,    for 
the  two  years  beginning  September  1st, 
1917,    and    ending   August    31st,    1919, 
from  the  general  revenue. 
Main  University — Salaries. 
College     of     Arts — Applied      Mathe- 
matics. For  the  years  ending 

Aug.  31,  1918.   Aug.  31,  1919. 
Professor,    dean    of   the    College   of   Arts, 

dean  of  men $    3,500.00  $    3,500.00 

[Salaries  Main  University  itemized,  pp.  109-119.] 
Contingent  Fund: 
For  such  adjustments  in  salaries  and  for 
such   additions  to   the   staff   as  may  be 
necessary,    to    be    determined    by    the 
Board   of   Regents $26,500.00  $26,500.00 


538  University  of  Texas  Bulletin 

[Salaries,  Medical  Department,  are  followed  (p.  125)  by  a  contingent 
fund  of  $3,610.00  for  each  year  with  an  identical  proviso.] 

[Schools  and  laboratories,  itemized  by  schools,  pp.  119-120.] 

Contingent  Fund: 
To  make  such  adjustments  as  may  be  nec- 
essary and  to  meet  such  contingencies 
as  may  arise,  to  be  determined  by  the 
Board    of    Regents $    4,244.00  $    4,244.00 

[Cui    e    I  Main  University,  p.  121;  Bureau  of  Economic  Geology, 

p.    122:    Medical    Schools    and    Laboratories,    p.    125:    Medical    Current    Hx- 

l   of  Mines,  p.  127,  are  each  allowed  a  contingent  fund 

proviso.] 

[The    salary    contingent   funds   were   5   per   cent,    the   others   10   per   cent, 

of  tl  totals.] 

[Seventeen  pages  of  items,  pp.  109-126,  were  vetoed  by  the  Governor. 
All  items  for  the  School  of  Mines,  pp.  126-127,  were  left  unvetoed.] 

Total 

School   of   Mines $    26,510.00  $   27,477.00 

Medical   Branch 98,755.00  98,755.00 

Main  University .' 719,698.50  710,198.50 

Grand  Total $845,963.50  $836,430.50 

Provided  that  no  money  herein  or  hereby  appropriated  for  any 
purpose  shall  be  paid  to  any  person  directly  or  indirectly  who  is 
not  at  the  time  of  receiving  such  pay,  remuneration  or  emolument  a 
citizen  of  the  United  States  under  the  laws  of  the  United  States. 

Provided,  however,  that  this  Act  shall  not  apply  to  any  person 
who  is  not  a  citizen  of  the  United  States  under  the  naturalization 
laws  of  the  United  States  who  has  resided  in  Texas  for  a  period  of 
ten  years  and  who  shall  within  thirty  days  after  this  Act  shall  take 
effect  make  application  to  become  a  citizen  of  the  United  States 
and  who  shall  within  two  years  after  making  such  application  be- 
come a  citizen  of  the  United  States  under  the  naturalization  laws 
of  the  United  States. 

The  appropriations  herein  provided  for  are  to  be  construed  as 
the  maximum  sums  to  be  appropriated  to  and  for  the  several  pur- 
poses named  herein,  and  no  expenditures  shall  be  made,  nor  shall 
any  obligations  be  incurred  which,  added  to  the  actual  expenditures, 
will  exceed  the  amounts  herein  appropriated  for  either  of  the  said 
purposes,  except  under  the  provisions  provided  for  in  Article  4  342, 
of  Chapter  2,  Title  65,  of  the  Revised  Civil  Statutes  of  1911. 

Approved  [Except  as  vetoed]  June  8,  1917. 


A  Source  Book  of  tlie  University  of  Texas  539 

A    Proclamation    by    Governor   James    E.    Ferguson,    June   2,    1917, 
Second  Called  Session,  H.  J.  pp.  325-330 

Vetoing  and  disapproving  the  entire  appropriation  made  by  the 
Thirty-fifth  Legislature  for  the  maintenance  of  the  State  Uni- 
versity, including  the  Medical  Branch  of  same  at  Galveston; 
vetoing  and  disapproving  said  entire  appropriation  with  the  ex- 
ception only  of  the  appropriation  made  for  the  support  of  the 
School  of  Mines,  at  El  Paso,  Texas,  and  other  sxceptions. 
To  the  Hon  Secretary  of  State: 

Exercising  the  powers  given  me  by  the  Constitution  of  the  State 
of  Texas,  I  hereby  veto  and  disapprove  the  entire  appropriation  made 
by  the  Thirty-fifth  Legislature  for  the  support  of  the  State  University 
of  Texas,  for  the  fiscal  years  beginning  September  1,  1917,  and  end- 
ing August  31,  1919,  the  same  aggregating  $98,755.00  for  the  fiscal 
year  ending  August  31,  1918,  and  $98,755.00  for  the  fiscal  year 
ending  August  31,  1919,  for  the  support  of  the  Medical  Branch 
of  the  University,  at  Galveston,  Texas;  and  aggregating  $719,698.50 
for  the  fiscal  year  ending  August  31,  1918,  and  $710,198.50  for 
the  fiscal  year  ending  August  31,  1919,  for  the  support  of  the  Main 
University;  same  to  be  spent  for  the  payment  of  salaries  of  various 
professors,  associate  professors,  instructors,  assistants,  adjunct  pro- 
fessor, tutors,  curators,  secretaries,  employes,  agents,  officers,  busi- 
ness manager,  assistant  business  manager,  auditors,  land  agents, 
laborers  of  all  kinds  and  description,  and  for  various  contingent 
funds,  current  expenses,  traveling  expenses,  in  said  Medical  Branch 
of  the  State  University  at  Galveston,  Texas,  and  in  the  safd  Main 
University,  situated  at  Austin,  Texas;  and  are  fully  described  in  the 
original  House  Bill  No.  13,  oh  pages  from  1  to  24,  inclusive,  passed 
by  the  Thirty-fifth  Legislature,  and  filed  in  my  office  on  the  17th 
day  of  May,  A.  D.  1917,  to  which  reference  is  made  lor  a  more  parti- 
cular description  of  the  appropriations  hereby  disapproved  and 
vetoed,  excepting,  however,  from  said  appropriations  the  various 
items  for  salaries,  contingent  fund,  current  expense  fund,  aggregat- 
ing $26,510.00  for  the  fiscal  year  beginning  September  1,  1917,  and 
$27,477.00  for  the  fiscal  year  beginning  September  1,  1918,  for  the 
support  and  maintenance  of  the  School  of  Mines  at  El  Paso,  TV 
which  said  appropriation  for  the  support  of  the  State  School  of 
Mines  is  hereby  approved,  and  excepting  the  appropriation  of 
$3500  for  each  of  two  years  for  salary  of  professor,  dean  of  the 
College  of  Arts,  which  is  approved,  and  the  appropriation  of  the 
available  University  funds  is  approved,  and  only  and  all  said  ap- 
propriation described  in  said  House  Bill  13,  on  said  pages  from  2 
to  24  inclusive,  are  hereby  disapproved  and  vetoed,  and  same  are 
blue-penciled  and  vetoed. 


540  University  of  Texas  Bulletin 

I  have  taken  this  action  after  due  consideration  and  serious  de- 
liberation of  my  duty  in  the  premises.  To  be  sure  it  is  an  unpleas- 
ant duty,  and  I  had  hoped  that  matters  might  be  arranged  so  that 
I  might  approve  the  bill  after  disapproving  only  those  appropria- 
tions which  appeared  wholly  unnecessary  and  unreasonable. 

On  the  25th  day  of  May,  1917,  I  wired  the  Regents  of  the  State 
University  the  following: 

"I  am  asking  the  members  of  the  Board  of  Regents  to  meet  with 
me  next  Monday,  the  twenty-eighth,  at  my  office,  for  the  purpose 
of  considering  a  matter  very  important  to  the  State  University.  I 
trust  you  can  come." 

In  response  to  said  request,  on  May  2  8th,  the  following  members 
of  the  Board  of  Regents  appeared  in  my  office,  to  wit:  Wilbur  P. 
Allen,  Geo.  W.  Littlefiield,  J.  W.  Butler,  Geo.  S.  McReynolds,  W.  R. 
Brents  and  A.  W.  Fly.  After  we  were  closeted  in  private  conference 
in  my  office,  I  informed  the  Board  that  I  desired  to  transmit  to  them 
a  communication,  and  I  read  to  them  the  following: 

"May  28,  1917. 
To  the  Board  of  Regents,  State  University. 

Gentlemen:      I  desire  to  call  to  your  attention  the  following: 

First.  The  Legislature  just  adjourned  has  appropriated  in  round 
numbers  $1,640,000  for  the  support  of  the  State  University  for  the 
next  two  years.  The  institution  now  has  considerably  less  than  3000 
students,  or,  in  other  words,  the  State  is  called  on  to  pay  approxi- 
mately $545  per  student  for  University  facilities  for  those  who  are 
able  to  attend  said  institution  for  the  next  two  years.  In  all  pro- 
bability the  State  will  not  set  aside  for  those  attending  the  com- 
mon schools  of  the  country  more  than  $15  for  the  next  two  years. 
Before  we  commit  ourselves  to  the  expenditure  of  this  vast  sum  of 
money  for  the  benefit  of  such  a  comparative  few  of  our  people,  we 
ought  to  satisfy  ourselves  that  the  money  is  being  wisely  spent.  And 
this  brings  us  to  the  question  of,  what  is  the  University  doing,  and 
what  is  it  seeking  to  do? 

Second.  In  my  opinion  the^niversity  has  not  a  proper  president. 
He  has  neither  that  experience  as  a  teacher  nor  sufficient  educa- 
tional attainment  that  would  qualify  him  to  fill  this  important  place. 
His  management  of  an  institution  previous  to  his  promotion  to  the 
presidency  of  the  State  University  was  a  failure,  and  his  record 
there  by  no  means  recommended  him  to  be  employed  at  $6000  a 
year  by  the  people  of  Texas. 

He  is  also  a  sectarian  preacher,  and  not  only  makes  no  denial 
of  such  fact,  but  since  his  elevation  to  the  presidency  of  the  insti- 
tution has  regularly  and  often  continued  to  preach  under  the  aus- 
pices of  his  particular  religious  denomination.  Article  2645  reads 
as  follows: 


A  Source  Book  of  the  University  of  Texas  541 

'No  religious  qualification  shall  be  required  for  admission  to  any 
office  or  privilege  in  the  University;  nor  shall  any  course  of  instruc- 
tion of  a  sectarian  character  be  taught  therein.' 

This,  in  my  opinion,  disqualifies  your  president  from  continuing 
longer  as  president  of  the  University.  The  University  was  created 
for  the  benefit  of  all  the  people  of  our  State,  and  by  all  means  no 
man  should  be  president  of  the  State  University  who  has  aligned 
himself  as  the  leader  of  any  religious  sect  or  denomination.  Our 
Constitution,  Section  6,  provides: 

'All  men  have  a  natural  and  indefeasible  right  to  worship  Almighty 
God  according  to  the  dictates  of  their  own  consciences.  No  man 
shall  be  compelled  to  attend,  erect,  or  support  any  place  of  wor- 
ship, or  to  maintain  any  ministry  against  his  consent.  No  human 
authority  ought,  in  any  case  whatever,  to  control  or  interfere  with 
the  rights  of  conscience  in  matters  of  religion,  and  no  preference 
shall  ever  be  given  by  law  to  any  religious  society  or  mode  of  wor- 
ship. But  it  shall  be  the  duty  of  the  Legislature  to  pass  such  laws 
as  may  be  necessary  to  protect  equally  every  religious  denomina- 
tion in  the  peaceable  enjoyment  of  its  own  mode  of  public  worship.' 

Section   7   further  provides: 

'No  money  shall  be  appropriated  or  drawn  from  the  Treasury 
for  the  benefit  of  any  sect,  or  religious  society,  theological  or  re- 
ligious seminary;  nor  shall  property  belonging  to  the  State  be  ap- 
propriated for  any  such  purposes.' 

I  have  no  objection  to  your  president  being  a  minister  of  his  sec- 
tarian denomination,  but  I  do  deny  the  right  of  the  University  to 
pay  the  State's  money  to  any  minister  as  long  as  he  continues  to 
preach. 

Aside  from  all  this,  the  placing  of  a  sectarian  minister  at  the  head 
of  the  State  University  will  of  necessity  be  distinctly  offensive  to 
other  religious  denominations. 

Third.  The  University  has  permitted  the  growth  of  an  institu- 
tion, which  though  it  may  have  been  innocent  in  its  original  inten- 
tion, now  threatens  the  life  of  the  University  itself.  I  refer  to  the 
fraternal  societies  permitted  at  the  State  University.  These  institu- 
tions have  caused  a  well  defined  line  between  wealth  and  poverty 
to  be  established  at  the  University  of  Texas,  and  have  established 
a  line  of  social  class.  These  institutions  are  composed  almost  in- 
variably of  young  men  of  well  to  do,  and  in  most  cases,  wealthy 
means.  They  call  themselves  fraternity  brothers,  and  all  the  other 
young  men  of  the  school  not  so  fortunately  situated  they  call  Bar- 
barians. The  fraternity  brothers  live  in  stately  mansions  adjoining 
the  University  grounds,  where  they  enjoy  and  live  in  all  the  com- 
forts and  luxuries  which  money  can  buy.  Their  more  unfortunate 
brothers  live  in  crowded  boarding  houses  and  eat  at  what  they  call 
the  Cafeteria,  but  which  is  in  reality  a  soup  house,  furnishing  11  and 


542  University  of  Texas  Bulletin 

1i'  cents  meals.  I  do  not  say  that  there  may  not  be  some  good 
in  these  institutions.  But  the  University  ought  not  to  be  an  insti- 
tution of  "mass  and  class.  It  should  not  advertise  any  young  man's 
wealth,  nor  ridicule  any  young  man's  poverty.  If  the  University 
cannot  be  maintained  as  a  democratic  University,  then  we  ought  to 
have  no  University. 

It  is  a  well  known  fact  that  young  men  who  are  called  Barbar- 
ians are  not  entitled  to  the  same  social  recognition  as  the  Fraternity 
Brothers  who  are  able  and  who  do  make  glaring  displays  of  their 
wealth  at  the  State  University. 

Fourth.  It  is  a  fact  well  known  that  gross  irregularities  continue 
at  the  State  University,  and  the  illegal  misappropriation  of  the  public 
funds  by  certain  members  of  the  University  faculty  is  no  longer  a 
private  secret.  Within  the  last  four  years  more  than  twenty-four 
teachers  have  been  permitted  to  absent  themselves  from  the  State 
from  four  to  nine  months  in  the  year,  and  draw  from  one-half  to 
their  full  salaries  from  the  State  of  Texas.  In  addition  to  this  it 
is  well  known  that  there  are  many  professors  at  the  State  University 
drawing  around  $3000  a  year  who  are  not  working  fifteen  hours 
a  week.  A  great  part  of  the  work  is  done  by  instructors  of  little  or 
no  educational  attainments,  and  the  dignity  of  the  institution  is 
thereby  greatly  impaired. 

Fifth.  It  is  a  fact  well  known  that  the  University  is  attempting 
to  dp  a  class  of  work  which  can  be  done  by  other  institutions  of  the 
State  at  a  much  less  expense,  and  which  ought  to  be  done  by  other 
institutions. 

Sixth.  It  is  a  fact  well  known  that  members  of  the  faculty  of 
both  the  main  and  medical  branches  have  organized  themselves  into 
small  cliques  and  clans,  and  who  are  seeking  to  control  the  Univer- 
sity, regardless  of  the  powers  of  the  Board  of  Regents  and  in  open 
defiance  of  the  other  duly  constituted  authorities  of  the  State. 

Seventh.  There  are  many  other  unsatisfactory  conditions  at  the 
State  University,  and  it  is  quite  apparent  that  it  has  become  an 
institution  of  fads  and  fancies,  grossly  mismanaged,  which  is 
directly  responsible  for  the  enormous  and  extravagant  appropria- 
tion which  the  people  are  called  upon  the  make  for  its  support. 

In  my  opinion,  if  the  University  is  to  be  maintained  as  a  demo- 
cratic institution,  identified  with  and  close  to  the  masses  who  support 
it,  it  should  have  new  blood  in  its  faculty  and  a  competent  man  at 
its  head.  I  have,  therefore,  called  you  gentlemen  to  especially  con- 
sider these  matters;  believing  that  aftr  you  have  carefully  consid- 
ered all  the  facts  you  will  agree  that  there  is  much  foundation  for 
this  recommendation." 

While  I  was  reading  the  sixth  paragraph  of  said  communication 
which  called  attention  to  the  fact  that  cliques  and  clans  in  the  Uni- 
versity  were   seeking   to   control   the   University,   regardless   of   the 


A  Source  Book  of  the  University  of  Texas  543 

powers  of  the  Board  of  Regents  and  in  open  defiance  of  the  other 
duly  constituted  officers  of  the  State,  we  heard  the  music  of  a  band 
resounding  in  the  corridors  of  the  State  Capitol.  Upon  looking  out 
of  our  window  we  saw  the  student  body  of  the  State  University  which 
had  formed  on  the  University  campus  about  a  mile  from  the  State 
Capitol  and  had  marched  en  masse  to  the  State  Capitol  behind  a 
band  and  carrying  banners  reading:  "The  University's  future  is 
at  stake,"  "We  fight  autocracy  abroad,  can  we  tolerate  it  at 
home?"  "We  are  with  the  Board  of  Regents  in  the  opposition  to 
the  Governor's  unconstitutional  demand,"  "Kaiserism  is  a  menace 
abroad  and  likewise  a  menace  at  home." 

In  said  procession  there  was  also  a  man  in  United  States  soldier 
uniform  who  had  come  from  the  training  camp  at  Leon  Springs 
for  the  purpose  of  taking  part  in  said  parade  in  which  said  banners 
weir'  carried. 

This  parade  marched  down  the  walk  in  front  of  the  Capitol  and 
in  about  fifteen  or  twenty  minues  returned  by  the  same  route,  to  the 
State  Capitol  and  came  directly  in  front  of  my  office,  where  I  was  then 
conferring  with  the  Board  of  Regents,  and  in  turn  exhibited  said  ban- 
ners directly  in  my  face  and  within  twenty  feet  of  where  I  and  the 
Board  of  Regents  were  conferring.  And  while  said  banners  were  being 
flaunted  in  my  face,  various  students  of  the  University  called  to  me 
in  derisive  tones  to  read  the  banners.  And  said  body  of  students 
remained  in  front  of  my  office  window  for  twenty-five  minutes,  and 
the  howling  and  yelping  were  of  such  degree  that  further  delibera- 
tion of  myself  and  the  Board  of  Regents  was  absolutely  prevented. 
It  is  agreed  by  everybody  in  Austin  that  the  president  of  the  State 
University  dismissed  from  their  classes  the  entire  student  body  of 
the  University  on  the  morning  that  said  parade  was  formed  on  the 
University  campus.  It  is  further  agreed  that  said  banners,  some  of 
ten  and  twelve  feet  long  and  three  and  four  feet,  wide,  were 
exhibited  on  the  University  campus  in  the  presence  of  the  faculty 
of  the  University  before  said  parade  started  on  its  march  to  the 
State  Capitol. 

After  said  student  body  had  left  the  State  Capitol,  the  Board  of 
Regents  in  my  office  decided  to  hold  at  once  a  meeting  at  their  office 
at  the  State  University  to  determine  who  was  responsible  for  said 
parade.  So  far  as  I  am  concerned,  it  is  immaterial  who  is  respon- 
sible. The  fact  remains  that  the  parade  took  place  and  that  the 
banners  were  carried.  If  the  young  men  who  carried  the  hanners 
did  so  of  their  own  volition,  then  said  sentiment  and  idea  ex- 
pressed on  said  banners  were  the  result  of  the  teaching  and  in- 
fluence which  they  have  received  at  the  State  University,  [f  they 
carried  them  under  the  instruction  of  the  faculty,  then  I  unhesitat- 
ingly declare  that  the  State  Universiy  should  be  abolished,  and  never 
reopened  with  a  faculty  who  would  permit  such  acts. 


•~  1 1  University  of  Texas  Bulletin 

No  action  was  taken,  so  far  as  I  am  informed,  upon  my  recom- 
mendations to  the  Board  of  Regents,  and  I  had  no  further  con- 
ference with  the  Board  of  Regents  after  they  left  my  office,  other 
than  personal  conversations  with  members  of  the  board.  What  I 
had  to  say  to  the  Board  of  Regents  I  communicated  to  them  in 
writing  at  my  office,  as  above  set  forth. 

On  the  31st  day  of  May,  1917,  the  Board  of  Regents  convened  in 
regular  meeting  at  the  city  of  Galveston  where  is  located  the  Medi- 
cal Branch  of  the  State  University.  The  day  that  said  board  met  in 
Galveston  there  was  filed  in  the  District  Court  of  Travis  county, 
Texas,  a  suit  styled  Jno.  A.  Lomax  vs.  G.  S.  McReynolds  et  al.,  in 
which  suit  the  said  Jno.  A.  Lomax  prayed,  through  his  attorneys, 
Brooks,  Hart  and  Woodward,  for  a  restraining  order  to  prohibit  the 
said  Geo.  S.  McReynolds,  A.  W.  Fly,  C.  E.  Kelley  and  John  M. 
Mathis,  members  of  the  Board  of  Regents  of  the  State  University, 
from  performing  any  act  or  thing  or  entering  into  any  agreement 
or  combination  or  attempting  to  take  any  vote  or  passing  or  attempt- 
ing to  pass  any  resolution  for  the  purpose  of  removing  or  attempting 
to  remove  the  said  Jno.  A.  Lomax  and  any  other  members  of  the 
faculty  of  the  State  University  from  their  positions  until  the  fur- 
ther orders  of  said  court;  and  further  praying  that  upon  final  hearing 
a  permanent  injunction  issue,  perpetually  restraining  and  preventing 
said  defendants,  as  members  of  the  Board  of  Regents,  from  taking 
action  or  performing  any  of  said  acts. 

It  is  a  fact  well  known  that  every  member  of  the  Board  of  Regents 
has  expressed  the  view  that  said  Jno.  A.  Lomax  ought  to  be  removed 
from  the  position  which  he  holds,  and  if  given  an  opportunity  to  do 
so  will  vote  for  his  removal;  and  upon  a  hearing  of  this  case  in 
court  said  facts  would  be  admitted.  A  majority  of  the  Board  of 
Regents  have  expressed  the  view  that  the  President  of  the  University 
ought  to  be  removed,  and  if  given  an  opportunity  to  do  so  would  so 
vote  to  remove;  and  upon  a  hearing  of  said  case  in  court  such  facts 
would  be  admitted. 

Therefore,  the  court  having  granted  the  temporary  injunction 
upon  such  allegation,  it  is  to  be  presumed  that  if  the  facts  alleged 
in  the  petition  were  found  to  be  true  that  the  court  would  perpetuate 
said  injunction,  and  the  result  would  be  that  the  Board  of  Regents, 
having  a  constituted  power  and  right  to  remove  any  official  of  the 
State  University,  would  be  permanently  restrained  by  the  order  of 
said  court  from  removing  officials  who  in  their  discretion  they  think 
not  to  be  the  proper  persons  to  fill  such  positions. 

[This  temporary  injunction  was  dismissed  by  Judge  Ireland  Graves, 
of  the  Twenty-sixth  District  Court,  on  July  3,  after  a  hearing-  lasting 
from  June  11  to  June  15.  The  law,  said  Judge  Graves,  gives  the  Board 
of  Regents  full  authority  to  manage  the  University — "to  determine  the 
offices    and   professorships,    appoint    the    professors    and    other    officers,    fix 


A  Soura  Book  of  Ui<   University  of  Texas  545 

their  salaries,  and  remove  any  professor  or  other  officer  when  in  the 
judgment  of  the  board  the  interest  of  the  University  may  require  it." 
While  the  rules  and  regulations  of  the  Regents  declare  that  the  board 
will  remove  no  one  without  cause,  this  cannot  limit  the  statute.  It  may 
be  argued  that  "independently  of  the  rules  of  the  board  and  under  the 
statutes,  the  board  should  be  prohibited  from  acting  arbitrarily."  But, 
"If  the  statutory  injunction  under  which  the  board  now  rests  and  the 
solemn  obligation  assumed  by  its  members  upon  subscribing  to  the  oath 
of  office  do  not  operate  as  a  sufficient  restraint,  the  the  court  injunction 
would  either  be  futile  or  its  tendency  subversive  of  the  very  freedom 
sought  to  be  preserved  in  the  board."  If  the  powers  of  the  board  are  too 
broad,  the  remedy  is  a  legislative  and  not  a  judicial  function,  says  the 
court.  "If  by  lawful  means.  I  might  compel  adherence  of  those  having 
exclusive  control  over  the  University  to  the  high  ideals  by  which,  it 
would  seem  to  me,  they  should  be  guided,  it  would  be  a  pleasure  to  make 
use  of  such  means.  But,  as  I  view  it.  no  such  means  being  provided, 
loyalty  to  those  same  ideals  forbids  the  use  of  others."  However,  "If 
doubt  may  be  expressed  as  to  the  judicial  power  to  interfere  with  the 
actions  of  the  board  the  utter  want  of  such  lawful  power  in  the  executive 
is  as  indubitable  as  certainty  itself."]  Ferguson's  War  on  the  University, 
p.   4  0. 

Regardless  of  consequences;  I  am  not  going  to  sit  idly  by  and 
approve  a  $1,600,000  appropriation,  and  have  my  friends  whom  I 
have  appointed  to  assist  me  in  carrying  on  the  affairs  of  the  gov- 
ernment permanently  restrained  from  having  a  voice  as  to  how  this 
vast  sum  of  money  shall  be  spent  and  being  required  to  keep  any 
official  against  their  will. 

Aside  from  any  court  procedure,  I  refuse  to  be  intimidated  or 
bluffed  by  any  mob,  and  as  long  as  1  am  in  the  Governor's  office  I 
shall  not  be  afraid  to  exercise  any  powers  which  the  Constitution  of 
the  State  gives  me  in  any  manner  that  to  me  seems  right  and  proper. 
1  am  only  answerable  to  my  own  conscience,  and  to  the  people  who 
elected  me. 

It  might  be  interesting  to  let  the  people  know  one  of  the  main 
reasons  for  all  this  row.  In  the  speech  made  on  the  campus  previous 
to  the  parade  to  the  State  Capitol  made  by  George  Peddy,  member 
of  the  Legislature  from  Shelby  county,  and  now  a  member  of  the 
Training  Camp  at  Leon  Springs,  as  reported  by  the  Austin  American, 
we  find  one  of  the  real  reasons  for  this  fight.  The  Austin  American 
says:  "In  a  strong  voice,  keyed  to  the  situation,  Mr.  Peddy  began 
by  saying  that  he  and  the  Governor  had  met  on  the  floor  of  the 
House  in  discussion  of  University  matters  before.  He  thanked  the 
students  for  having  elected  him  as  president  of  the  Student  Council 
and  said  that  the  present  moment  was  the  most  critical  in  the  history 
of  the  University.  The  fight  started,  he  declared,  when  the  Governor 
began  his  rural  school  campaign  and  appealed  to  the  people  Of  the 
State  in  a  prejudiced  manner." 

This  expresses  in  words  better  than  I  could  employ,  explains  why 
for  the  past  several  months  I  have  had  to  submit  to  the  criticisms 
and  investigations  brought  on   by   those  who   wanted   to  control  me 


546  University  of  Texas  Bulletin 

and  could  not.  We  just  as  well  face  the  issue  and  determine 
whether  this  State  shall  let  the  autocratic,  educated  high-brows  con- 
trol its  policies,  as  whether  the  people,  themselves,  are  going  to 
reap  some  of  the  benefits  which  the  government  can  bestow.  I  have 
thought  this  matter  over  carefully.  I  had  hoped  that  the  issue 
might  be  avoided,  but  it  seems  otherwise.  I,  therefore,  throw  down 
the  gauntlet  to  those  who  want  to  oppose  me  on  this  issue,  and  let 
us  take  it  to  the  people  and  let  them  say  who  is  right  and  who  is 
wrong. 

The  University  of  Texas  is  controlled  by  the  rich  men's  sons.  They 
have,  through  their  college  fraternities,  established  an  educational 
aristocracy  who  have  no  respect  for  the  Legislature,  for  the  Gov- 
ernor, or  for  the  Board  of  Regents,  and  I  shall  never  be  content 
until  they  are  banished,  root  and  branch,  from  the  State  University, 
and  that  institution  is  put  in  the  hands  of  those  in  sympathy  with 
our  toiling  masses,  and  who  up  to  this  good  hour  have  had  no  voice 
in  its  management  other  than  to  pay  exorbitant  taxes  for  its  support. 

After  all,  it  is  no  more  the  duty  of  a  government  to  educate  a  man 
to  be  a  lawyer  than  it  is  to  educate  him  to  be  a  blacksmith;  it  is 
no  more  the  duty  of  the  government  to  educate  a  man  to  be  a  doctor 
than  it  is  to  educate  him  to  be  a  farmer;  and  I  again  reiterate  that 
there  are  too  many  people  going  hog  wild  about  higher  education. 

I  understand  when  this  veto  is  published  that  a  great  howl  will 
go  up  from  certain  people  who  have  already  received  the  bounty  of 
the  State,  and  they  will  tell  all  sorts  of  stories  and  make  all  char- 
acter of  misrepresentations.  Already  I  have  been  threatened  with 
anonymous  letters  of  physical  violence  if  I  veto  this  appropriation; 
but  I  shall  not  falter,  and  I  shall  face  my  accusers  as  I  have  always 
faced  every  other  issue:  trusting  in  the  merits  of  my  position  and 
the  loyalty  of  our  masses  to  sustain  me. 

Done  at  Austin,  Texas,  this  the  2nd  day  of  June,  A.  D.  1917. 

JAS.  E.  FERGUSON, 

Governor  of  Texas. 

A   Proclamation   by   Governor   James   E.   Ferguson,   May   29,    1917, 
Third  Called  Session,   Senate  Journal,   p-    165 

Whereas,  In  January,  1915,  a  vacancy  occurring,  I  appointed 
S.  J.  Jones  of  Salado,  Texas,  a  member  of  the  Board  of  Regents  of 
the  University  of  Texas;    and 

Whereas,  The  said  S.  J.  Jones,  since  his  appointment  and  during 
his  incumbency  in  office,  has  openly  manifested  an  utter  lack  of 
harmony  with  the  views  and  purposes  of  the  present  administra- 
tion, and  has  failed  to  attend  to  the  duties  and  requirements  of 
his  office: 


A  Source  Book  of  the  University  of  Texas  547 

Now  therefore,  Under  the  powers  vested  in  me  by  the  Constitu- 
tion and  laws  of  this  State,  I,  Jas.  E.  Ferguson,  Governor  of  Texas, 
for  the  reasons  herein  set  forth,  do  vacate  the  appointment  of  the 
said  S.  J.  Jones,  and  he  is  hereby  removed  from  said  Board  of 
Regents  of  the  University  of  Texas. 

In  testimony  whereof   .... 

[On  May  31,  1917,  County  Attorney  John  W.  Hornsby  was  granted  by 
Judge  Ireland  Graves,  of  the  Twenty  Sixth  District  Court  in  Austin,  an 
order  enjoining  Dr.  James  P.  Tucker  from  acting  as  a  member  of  the 
Board  of  Regents  on  the  plea  that  Governor  Ferguson  had  no  constitu- 
tional right  to  remove  Dr.  S.  J.  Jones  without  cause  established  by  trial, 
Dr.  Tucker  having  been  appointed  in  the  place  of  Dr.  Jones.  This  in- 
junction came  up  for  trial  on  June  11,  and  Dr.  Tucker  failing  to  appear, 
the  injunction  was  continued.  On  July  12,  Dr.  Tucker  resigned  and  John 
L.  Ward  was  immediately  appointed  in  his  place.  Thereupon  Judge  Ire- 
land Graves  issued  an  order  restraining  Mr.  Ward  or  any  other  person 
from  "in  any  way  attempting  to  assume  or  exercise  the  functions  of 
regent  of  the  University  of  Texas  as  successor  to  the  intervenor  S".  J. 
Jones,  and  from  instituting  or  attempting  to  prosecute  in  any  other 
court  any  suit  having  for  its  purpose  the  restraint  of  intervenor  in  any 
manner  from  the  lawful  discharge  of  his  duties  as  regent  of  the  Uni- 
versity of  Texas."  At  the  same  time  each  member  of  the  Board  of  Re- 
gents was  enjoined  individually,  and  their  successors  were  enjoined,  (1) 
to  recognize  Dr.  Jones  as  the  "duly  qualified,  authorized  and  acting  re- 
gent of  the  University  of  Texas;"  and  (2)  "from  recognizing  or  attempt- 
ing to  recognize  any  other  person  than  intervenor,  S.  J.  Jones,  as  incum- 
bent of  the  office  to  which  he  was  appointed."]  Ferguson's  War  on  the 
University,    pp.    41-42. 

Proclamation  by  the  Governor  of  Texas  [James  E.  Ferguson],  June 

6,   1917.      Second  Called  Session,  Thirty -fifth  Legislature. 

H.  J.  p.  223;  Third  Called  Session.     S.  J.  p.  169 

[Remits  a  judgment  of  $5,000  against  Wilbur  P.  Allen  et  al.,  bondsmen 
for  Louis  Rodriguez,  supposed  to  be  in  Mexico.] 

GENERAL  LAWS 

H.  B.  78;   Ch.  49,  p.  214 

An  Act  making  appropriations  to  pay  miscellaneous  claims  against 
the  State,  authorizing  the  payment  of  said  miscellaneous  items 
except  as  otherwise  stated  in  the  item,  on  the  taking  of  this  Act, 
making  appropriations  for  deficiencies  incurred  in  the  support  of 
the  State  Government,  for  the  fiscal  year  ending  August  31,  1917. 
for  the  purpose  of  meeting  emergencies  occurring  during  the  fiscal 
year  ending  August  31,  1917,  and  making  appropriations  for  the 
support  and  maintenance  of  the  Adjutant  General's  Department 
for  the  years  endng  August  31,  1918,  and  August  31,  1919,  and 
to.  pay  various  miscellaneous  claims  against  the  Texas  Prison 
Commission  prescribing  the  time  of  such  payments,  and  declaring 
an  emergency. 


:•  tg  Univt  rsity  of  Texas  Built  tin 

SCHOOL    OF    MINES,    EL    PASO 

To  pay  W.  R.  Long,  auditor  University,  for  money  paid  to 
tutor  of  School  of  Mines,  when  appropriation  only  appeared 
for  one  year  ending  August  31,  1916 $900.00 

THIRTY-FIFTH   LEGISLATURE,    SECOND   CALLED    SES- 
SION, AUGUST  1  TO  30,  1917 

[See  Index   to   tine  Ferguson-University  Controversy.] 

Call  of  the  House  of  Representatives  to  Impeach  the  Governor,  by 
Speaker   F.   O.   Fuller.      July   23,    1917 

[He  announced  three  reasons  for  the  call:  (1)  the  governor's  viola- 
tion of  the  Constitution  and  the  statutes  in  his  dealings  with  the  Uni- 
versity; (2)  his  refusal  to  reconvene  the  locating  board  of  the  West 
Texas  A.  and  M.  College,  though  evidences  of  fraud  in  the  selection  of 
Abilene  had  been  discovered;  and  (3)  his  failure  to  fulfill  his  promise 
made  under  oath  to  the  House's  investigating  committee  in  March  to 
repay  the  public  funds  illegally  spent  for  the  use  of  himself  and  his 
family.] 

The  people  of  Texas,  by  Article  VII  of  the  Constitution  of  this 
State,  provided  for  the  establishment,  maintenance  and  support  of 
a  university  of  the  first-class  to  be  known  as  the  University  of  Texas. 
Thus  is  expressed  the  will  of  the  people  of  this  State,  and  until 
recently  no  one  has  denied  the  right  of  the  sovereign  people  to  have 
such  a  university.  The  Constitution  further  provides  by  the  amend- 
ment of  1912,  known  as  Section  30-A  of  Article  16,  for  a  Board  of 
Regents  who  should  hold  their  respective  terms  for  six  years  each. 

By  Article  2639  and  2640  of  the  Revised  Civil  Statutes  of  1911, 
the  Board  of  Regents  are  given  the  management  and  control  of  the 
affairs  of  the  University  of  Texas,  with  the  right  to  remove  the  mem- 
bers of  the  faculty  when  in  their  judgment  it  is  deemed  advisable. 

Article  6027  provides  for  the  removal  of  the  Board  of  Regents, 
among  other  officers,  for  "good  and  sufficient  cause." 

The  Thirty-fifth  Legislature  passed  an  appropriation  which  in 
their  judgment  was  necessary  for  the  support  and  maintenance  of 
the  University  of  Texas.  The  Governor  has  at  no  time  advised  the 
Legislature  that  he  considered  the  appropriation  excessive,  or  im- 
proper, but  has  made  some  objection  publicly  to  what  he  considers 
its  misuse,  and  he  has  vetoed  the  entire  appropriation  except  one 
salary  of  $3,500  per  annum.  The  University  of  Texas  cannot  be 
maintained  and  supported  on  the  salary  of  one  man,  and  no  deficiency 
can  be  based  on  such  an  item.  The  Attorney  General  has  held  that 
the  veto  was  not  effective,  but  before  a  test  of  that  question  can  be 
had  in  court  the  fall  term  of  the  University  will  be  passed,  and  the 


A  Source  Book  of  the  University  of  Texas  549 

Governor  has  declared  that  the  University  of  Texas  will  not  open  its 
door  until  every  member  of  the  faculty  to  whom  he  objects  is  ex- 
pelled. 

He  has  charged  the  faculty  generally  of  being  grafters,  liars  and 
traitors  and  in  my  judgment  without  reason.  He  has  sought  to  sub- 
stitute his  own  will  for  the  judgment  of  the  Board  of  Regents,  de- 
manding of  them  that  members  of  the  faculty  be  dismissed,  even 
without  a  hearing,  thus  seeking  to  override  the  law.  He  has  re- 
moved members  of  the  Board  of  Regents  without  good  and  sufficient 
cause  in  order  to  appoint  one  who  will  carry  out  his  own  wishes, 
and  has  sought  to  substitute  only  his  unbridled  will  in  place  of 
their  lawful  judgment.  By  Section  2  8  of  the  bill  of  rights  no 
power  for  suspending  laws  is  lodged  in  the  Governor,  but  he  has 
sought  to  suspend  them  and  have  them  set  aside  to  suit  his  own 
desires. — Ferguson's  War  on  the  University,   p.    43-44. 

[These  charges  are  repeated  in  amplified  form  by  Speaker  Fuller,  H.  J. 
pp.   4-5,   Charges   7,   8,   9,   10.] 

Proclamation    by   Governor   James    E.    Ferguson.      August    1,    1917. 
H.   J.   p.   2;    S.  J.   pp.   '2-i 

Whereas,  on  the  2nd  day  of  .lune,  A.  D.  1917,  I,  as  Governor  of. 
Texas  officially  vetoed  and  disapproved  the  main  part  of  the  ap- 
propriation made  by  the  Thirty-fifth  Legislature  for  the  maintenance 
of  the  State  University,  including  the  Medical  Branch  of  same,  at 
Galveston,  Texas,  same  being  now  upon  file  in  the  office  of  the 
Secretary  of  State;  and 

Whereas,  in  said  veto  proclamation  I  gave  my  reasons  for  said 
action,  to  which  reference  is  hereby  made,  and  which  reasons  are 
hereby  reaffirmed  and  reasserted;  and  which  action  I  would  again 
repeat  under  the  same  circumstances;  and 

Whereas,  it  has  been  untruthfully  stated  and  persistently  circu- 
lated that  I  vetoed  said  appropriation  because  I  was  seeking  to 
destroy  the  State  University,  and  because  I  knew  at  the  time  that 
on  account  of  the  fact  that  the  Legislature  had  adjourned,  the  Leg- 
islature would  not  have  an  opportunity  to  override  my  said  veto. 

Now,  therefore,  by  virtue  of  the  authority  vested  in  me  under  the 
Constitution  and  laws  of  the  State  of  Texas,  1  do  hereby  call  and 
convoke  the  Thirty-fifth  Legislature  in  a  Second  Called  or  Special 
Session,  and  order  that  same  be  convened  in  the  State  Capitol  at 
Austin,  Texas,  at  12  o'clock  high  noon,  Wednesday,  the  1st  day  of 
August,  A.  D.  1917,  for  the  purpose  of  considering  and  making  ad- 
ditional appropriation  for  the  support  and  maintenance  of  the  State 
University  for  the  two  fiscal  years  beginning  September  1,  1917, 
and  ending  August  31,  1919. 


550  University  of  Texas  Bulletin 

I  do  not  fear  the  traducers  of  my  good  name;  and  this  great  ques- 
tion of  proper  education  will  continue  to  be  an  issue  before  the  peo- 
ple of  this  State.  And  I  am  glad  of  the  opportunity  to  let  the  re- 
presentatives of  the  people  in  the  Legislature  put  themselves  on 
record,  so  that  the  voters  of  the  State  may  weigh  the  official  acts 
of  their  public  servants  on  this  far-reaching  issue. 

I  trust  and  hope  that  the  Legislature  will  pass  upon  this  appro- 
priation within  ten  days,  and  I  promise  that  within  the  succeeding 
ten  days,  I  will  pass  upon  the  appropriation  so  that  if  my  views 
do  not  coincide  with  the  views  of  the  Legislature  they  will  have 
ample  opportunity  to  take  such  action  as  they  may  deem  meet 
and  proper  in  the  premises. 

I  again  declare  that  the  appropriation  made  by  the  Thirty-fifth 
Legislature  was  grossly  excessive  and  extravagant,  and  I  am  willing 
to  have  the  issue  clearly  joined,  and  then  we  will  go  to  the  people 
and  let  them  say  which  servant  represented  their  views. 

Given  under  my  hand  and  seal  of  office  this  the  30th  day  of 
July,  1917,  at  the  city  of  Austin,  Texas.. 

PROCEEDINGS  TX  THE   LEGISLATURE 

H.  B.  3 — By  Mr.  Dudley. 

To  appropriate  for  the  support  of  the  Main  University. 

Referred.     H.  J.  p.  801. 
H.  B.  21 — By  Mr.  Beason. 

To  appropriate  for  the  support  of  the  Medical  Department. 

Referred.  H.  J.  p.  802. 
H.  S.  R. — By  Mr.  White. 
To  hasten  the  University  appropriation  bill. 

H.  J.  p.  12. 
H.  C.  R. — By  Mr.  Tillotson. 

To  investigate  the  University. 

H.  J.  pp.  7,   8,  25. 
S.  B.  3 — By  Mr.  Hudspeth. 

To  appropriate  for  the  maintenance  and  support  of  the  University 
for  the  fiscal  years  ending  in  1918  and  1919. 

Became  a  law.     S.  J.  p.  124;  H.  J.  pp.  802. 

[S.  B.  3  differed  from  H.  B.  13  of  the  First  Called  Session  in  the  follow- 
ing respects  as  regards  items: 

Miss  Lavinia  Harvill  is  added  as  an  assistant  in  the  Library  at  a  salary 
of  $1,000  with  the  recommendation  that,  she  be  employed  for  life,  "because 
the  State  is  responsible  for  the  loss  of  her  hand." 

The  appropriation  for  the  School  of  Mines  in  H.  B.  13,  left  unvetoed  by 
Governor  Ferguson,  is  omitted  from  S.  B.  3. 

The  appropriation  for  the  salary  of  the  Professor  of  Applied  Mathema- 
tics, the  first  item,  left  unvetoed  by  Governor  Ferguson,  appears  in  both 
H.  B.  13  and  S.  B.  3,  but  a  clause  in  the  caption  of  the  latter  bill  pre- 
vents the  payment  of  a  double  salary.] 


A  Source  Book  of  the  University  of  Texas  551 

In  the  passage  of  S.  B.  3  motions  were  made  to  abolish  the  School  of 
Journalism  (S.  J.,  p.  19),  to  provide  that  no  salaries  be  raised  unless  others 
be  lowered  an  equal  amount  (S.  J.,  p.  19),  to  prevent  extra  salaries  such 
as  those  of  the  Summer  School  (S.  J.,  p.  19),  to  prevent  professors  re- 
ceiving fees  for  correspondence  courses  and  lectures. 1 

S.  C.  R.  4 — By  Messrs  Dayton  and  Clark. 

To  investigate  the  University  of  Texas  in  response  to  a  request 
from  the  faculty,  management  and  alumni. 

Referred.     S.  J.  p.  125. 
S.  S.  R.  11 — By  Messrs  Dayton,  Parr,  Bee,  and  Hudspeth. 

To  request  the  Finance  Committee  to  begin  at  once  the  prepara- 
tion of  the  University  appropriation  bill. 

Motion  to  refer  tabled.     P.  J.  p.  126. 
S.  S.  R.  25 — By  Messrs  Strickland,  Johnston  of  Harris  and  Suiter. 

To  declare  it  to  be  the  sense  of  the  Senate  that  Wilbur  P.  Allen 
resign  as  a  member  of  the  Board  of  University  Regents  at  once. 

Slightly  changed  and  adopted.     S.  J.  p.  127. 
S.  S.  R.  26 — By  Mr.  Lattimore. 

To  consider  the  appointment  of  Dr.  Fly  as  a  member  on  Exemp- 
tion board  and  his  consequent  resignation,  and  reappointment  as  a 
Regent  with  a  view  to  rejecting  or  confirming  him  as  a  Regent  if 
necessary. 

Adopted.     S.  J.  p.   127. 
S.  S.  R.  29— By  Mr.  Dayton. 

To  express  confidence  in  the  efficiency,  loyalty  and  qualifications 
of  members  of  the  State  University  Faculty. 

Set  as  a  special  order.     S.  J.  p.  127. 
S.  S.  R.  30 — By  Mr.  Lattimore. 

To  state  that  if  John  Mathis  has  been  appointed  as  a  member  of 
the  Board  of  Regents,  his  name  should  be  sent  to  the  Senate  for 
confirmation  or  rejection. 

Motion  to  table  lost;  resolution  adopted.     S.  J.  p.  128. 
S.  S.  R.  45 — By  Mr.  Strickland. 

To  request  the  House  to  prefer  articles'  of  impeachment  against 
Wilbur  P.  Allen  unless  his  resignation  [as  Regent]  is  tendered 
within  three  days. 

Referred.     S.  J.  p.   128. 

August  9,  1917.     H.  J.  p.  44 

Communication  from  Texas  Farmers'  Congress  favoring  "ade- 
quate support  for  the  institutions  of  higher  education  in  this  State 
that  ....  can  be  provided  only  by  a  direct  tax  fixed  in  the 
organic  law  of  Texas.  And  to  this  end  we  recommend  .... 
an  amendment  to  the  Constitution 


552  University  of  T<  cos  Bulletin 

August  24,    1917;    H.  J.,  pp.  78-8.$ 

REPORT    OF    COMMITTEE    TO    PREPARE    ARTICLES    OF 
IMPEACHMENT 

Sir:  Your  board  of  managers  appointed  to  prosecute  the  case  of 
the  House  of  Representatives  against  James  E.  Ferguson,  Governor 
of  Texas,  beg  leave  to  submit  the  following  Articles  of  Impeachment 
against  the  said  James  E.  Ferguson,  with  the  recommendation  that 
said  Articles  of  Impeachment  be  adopted  by  this  House  and  pre- 
sented to  the  Senate. 

Signed — Bledsoe,  Fly,  Murrell,  Haidusek,  Spencer  of  Wise,  Mc- 
Millin,  Woods,  Thomason  of  El  Paso,  Cope,  Bryan. 

ARTICLES   OF   IMPEACHMENT 


Article  15.  The  people  of  this  State  have  adopted  an  organic  law, 
the  Constitution  of  Texas,  equally  binding  upon  its  highest  officials 
and  its  humblest  citizens.  Article  7  of  that  Constitution  provides 
for  the  maintenance  and  support  of  the  University  of  Texas.  That 
provision  is  a  direction  given  by  the  people  themselves  in  their  most 
solemn  manner  to  those  who  represent  them  in  office  as  to  their 
duties. 

The  Governor  has  vetoed  or  attempted  to  veto  the  entire  appro- 
priation for  the  University  of  Texas  except  the  salary  of  one  officer, 
thus  in  effect  seeking  to  set  aside  that  provision  of  the  organic  law 
requiring  the  support  and  maintenance  of  that  institution,  and  to  set 
aside  the  express  will  and  judgment  of  the  people  of  Texas.  Though 
he  had  the  legal  power  to  veto,  it  was  his  sworn  constitutional  duty 
to  again  submit  the  question  to  the  Legislature,  which  he  has  de- 
clared to  the  people  of  Texas  that  he  would  not  do,  and  it  was  only 
when  a  session  had  been  called  for  his  impeachment  and  it  was  ap- 
parent that  a  quorum  of  the  House  would  attend  to  consider  that 
question,  and  as  a  last  extremity,  he  consented  to  call  a  session  of  the 
Legislature  and  submitted  the  question  of  appropriations  for  the 
University  of  Texas. 

[Yeas,  65;  nays,  51;   H.  J.  p.  97.] 

Article  16.  Section  30a  of  Article  16  of  the  Constitution  of  Texas 
provides  for  a  Board  of  Regents  for  the  University  of  Texas,  who 
shall  hold  office  for  six  years,  their  terms  expiring  one-third  every 
two  years.  The  purpose  of  the  people  of  Texas  in  the  adoption 
of  this  provision  was  to  take  the  University  of  Texas  and  all  other 
such  State  institutions  from  the  control  of  politics,  and  to  keep  the 
different  boards  from  being  under  the  control  and  domination  of 
whomever    might   happen   to   be    Governor.      By   Articles    2639    and 


.1  Sourct  Book  of  tJn  University  of  Texas  553 

2640  of  the  Revised  Civil  Statutes  of  1911  the  Board  of  Regents 
are  given  the  management  of  the  affairs  of  the  University  of  Texas 
with  the  discretion  to  remove  members  of  the  faculty  when  in  thei; 
judgment  it  is  deemed  best.  That  it  is  the  duty  of  the  Governor,  or 
any  private  citizen,  to  call  attention  of  the  Board  of  Regents  to  any 
mismanagement  or  improper  practices  at  the  University  or  any  other 
State  institution,  is  readily  conceded.  The  people  themselves  have 
given  to  the  Board  of  Regents  by  constitutional  enactment,  which 
has  been  confirmed  by  statutory  law,  the  sole  right  to  judge  of  the 
truth  of  the  charges  and  the  punishment  to  be  inflicted  against  mem- 
bers of  the  faculty.  The  Board  of  Regents  in  their  sphere  are  just 
as  supreme  as  the  Governor  is  in  his,  each  having  both  constitu- 
tional and  statutory  duties  to  perform,  and  each  being  answerable 
to  the  people  of  Texas.  The  Governor  of  Texas  not  only  filed  charges 
against  certain  members  of  the  faculty,  as  he  had  a  right  to  do,  but 
after  the  members  were  exhonerated  by  the  Board  of  Regents  he 
has  sought  to  have  the  members  of  the  faculty  expelled  from  that 
institution  because  he  desired  it.  He  has  thus  sought  to  set  aside  the 
Constitution  and  law  giving  to  the  Board  of  Regents  the  discretion 
In  matters  of  this  kind,  and  assert  instead  of  their  legal  judgment 
his  own  autocratic  will. 

[Yeas,  74;   nays,  45;   H.  J.  p.  98.] 

Article  17.  Article  6027  of  the  Revised  Civil  Statutes  of  1911 
provides  for  the  removal  of  members  of  the  Board  of  Regents 
(among  other  officials)  for  "good  and  sufficient  cause."  The  Gov- 
ernor has  sought  to  remove  members  of  the  Board  of  Regents  with- 
out such  cause,  has  demanded  resignations  of  other  without  reason, 
simply  and  only  because  he  could  not  dictate  to  them  as  to  how  they 
should  cast  their  votes  in  reference  to  matters  arising  before  them. 
Such  conduct  was  a  clear  violation  of  the  law,  and  would  serve  to 
make  inoperative  the  provision  of  the  Constitution  providing  for 
six-year  terms  of  office. 

[Yeas,  73;  nays  46;  H.  J.  p.  98] 

Article  18.  The  Governor  of  Texas  has  in  public  speech  and 
published  writings  declared  to  the  people  of  Texas  that  the  faculty 
of  the  University  are  grafters  and  corruptionists,  that  they  are 
liars,  and  that  they  are  disloyal  to  their  government.  These  are 
most  serious  charges.  He  made  them  first  before  the  I,egislatu re- 
convened in  January,  1917.  The  members  of  the  faculty,  in  jus- 
tice to  themselves,  to  the  institution  which  they  served,  and  to  the 
people  of  Texas,  whose  money  supports  and  maintains  that  institu- 
tion, applied  to  the  Senate  of  Texas  for  a  full  and  fair  investiga- 
tion. They  sought  in  every  way  possible  that  the  people  of  Texas 
might  know  every  fact  and  circumstance  connected  with  the  man- 
agement of  the  University  of  Texas.  James  E.  Ferguson  opposed 
that  investigation  and  on  the  urging  of  his  friends  in   the   Senate 


554  University  of  Texas  Bulletin 

that  the-  controversy  was  ended,  and  that  the  charges  would  not  he 
repeated,  there  was  adopted  the  Dayton  resolution  by  the  Senate 
of  Texas,  which  was  for  the  purpose  of  settling  the  controversy. 
After  the  Legislature  had  adjourned  and  when  investigation  was  no 
longer  possible  by  the  representatives  of  the  people,  the  Governor 
asain  repeated  the  charges,  becoming  more  and  more  vehement.  If 
he  knew  the  charges  to  be  true,  it  became  his  sworn  duty  to  cause 
the  parties  involved  to  be  prosecuted.  If  he  did  not  know  them  to 
be  true  (and  the  Board  of  Regents  after  a  fair  hearing  found  that 
they  were  not  true),  he  is  guilty  of  criminal  libel  and  slander 
against  the  fair  name  of  Texas  and  one  of  its  most  cherished  in- 
stitutions. 

[Yeas,  67;  nays,  48;  H.  J.  p.  99.] 

Article  19.  The  Governor  of  Texas  has  sought  to  use  the  power 
of  his  office  to  control  members  of  the  Board  of  Regents.  The  chair- 
men of  the  Board  of  Regents  had  become  surety  on  a  bail  bond,  the 
case  pending  in  Jones  county,  Texas.  The  defendant  escaped  and 
judgment  was  secured  on  said  bond  in  the  sum  of  $5000  against 
the  principal  and  sureties,  one  of  the  sureties  being  Wilbur  P.  Allen, 
chairman  of  the  Board  of  Regents  of  the  University  of  Texas.  He 
applied  to  the  Governor  of  Texas  for  the  remission  of  the  judgment, 
which  he  would  have  had  to  pay,  and  without  good  reason,  but 
only  to  influence  his  action  as  a  member  of  the  Board  of  Regents, 
James  E.  Ferguson  as  Governor  remitted  the  forfeiture  of  $5000, 
which,  except  for  such  action  of  James  E.  Ferguson,  would  have 
belonged  to  the  people  of  Texas. 

[Yeas,   69;   nays,  50;   H.  J.  p.  100.] 

[Of  the  93  Representatives  who  voted  for  impeachment,  24  were  ex- 
students  .or  students  of  the  University:  6  of  these  had  been  students 
during  the  last  five  years,  11  during  the  last  ten  years. 

Of  the  41  Representatives  who  voted  against  all  the  articles  of  im- 
peachment,  10   were   ex-students.] 

August  28,  1917.     S.  J.  p.  78 

W.  G.  Love  of  Harris  and  John  L.  Ward  of  Bell,  nominated  as 
Regents  by  Governor  Ferguson,  were  rejected  by  the  Senate. 


August  29,  1917.     S.  J.  p.  114 


Dr.  A.  W.  Fly  of  Galveston,  renominated  as  a  Regent  by  Governor 
Ferguson,  was  rejected  by  the  Senate. 

[July  12,  Regent  Fly  was  served  with  an  order  from  Judge  George 
Calhoun  of  the  Forty-ninth  District  Court  restraining  him  from  acting 
as  a  regent  on  the  ground  that  he  had  vacated  his  office  by  accepting 
a  federal  appointment  as  physician  of  the  Galveston  draft  exemption 
board.  Dr.  Fly  announced  his  intention  to  defy  the  injunction,  saying 
that   his   lawyer  had    advised    him    that    the   two   positions    were    not    in- 


A  Source  Book  of  the  University  of  Texas  555 

compatible  so  Ions  as  he  did  not  accept  remuneration  from  the  federal 
government.  Judge  Calhoun  then  enjoined  the  members  of  the  Board 
of  Regents  individually  from  recognizing  Dr.  Fly  as  regent,  and  en- 
joined the  secretary  from  recording  his  vote.  The  next  day  Dr.  Fly 
re-entered  the  meeting  with  a  new  commission  from  the  Governor  It 
was  explained  that  he  had  resigned  his  federal  appointment  and  been  re- 
appointed to  the  Board  of  Regents. — Ferguson's  War  on  the  University, 
p.   42.] 

LAWS 

S.  B.  3;  Ch.  3,  pp.  3-20 

An  Act  making  appropriations  to  pay  the  salaries  of  officers  and 
employees  of  the  University  of  Texas,  including  the  Medical  Branch 
at  Galveston,  Texas,  and  other  expenses  of  maintaining  and  con- 
ducting the  same  for  the  two  fiscal  years  beginning  September  1, 
1917,  and  ending  August  31,  1919;  repealing  all  laws  or  parts  of 
laws  in  conflict  herewith  or  covering  the  subject-matter  in  whole 
or  part  hereof;  and  declaring  an  emergency. 

Section  1.  That  the  following  sums  of  money,  or  so  much  thereof 
as  may  be  necessary,  be  and  the  same  are  hereby  appropriated  to  pay 
the  salaries  of  officers  and  employes  and  other  expenses  necessary 
for  the  support  and  maintenance  of  certain  educational  institutions 
of  the  State,  as  follows,  to  wit: 

UNIVERSITY    OF    TEXAS 

For  the  maintenance,  support  and  direction  of  the  University  of 
Texas,  including  the  Medical  Department  at  Galveston,  including  the 
construction  of  buildings,  for  the  years  beginning  September  1,  1917, 
and  ending  August  31,  1919,  all  the  available  University  funds, 
including  interest  from  its  bonds,  land  notes,  endowments  and  do- 
nations, all  gifts  and  fees  collected  as  matriculation  fees,  dues  and 
money  from  any  source  collected. 

And  provided  further  that  the  appropriation  for  the  Cactus,  Texan 
or  other  student  publications  herein  made  shall  not  be  effective 
unless  the  managers  of  said  publication  shall  make  full,  complete 
and  duly  certified  itemized  quarterly  statements  to  the  Board  of 
Regents,  showing  the  amounts  and  sources  of  all  sums  of  money 
collected  for  or  on  account  of  any  and  all  of  said  publications,  and 
how  expended,  if  expended,  and  the  amount  of  the  credit  of  each, 
and  if  from  said  reports  it  be  shown  that  said  appropriations  or 
any  of  same  or  any  part  thereof  be  not  reasonably  necessary,  then 
the  same  or  so  much  thereof  as  may  not  be  necessary  shall  not  be 
used,  and  all  receipts  whatsoever  from  any  source.  For  the  main- 
tenance, support  and  direction  of  the  University  of  Texas,  including 
the  Medical  Department  at  Galveston,  for  the  two  years  beginning 
September  1,  1917,  and  ending  August  31,  1919,  from  the  general 
revenue. 


556  University  of  Tims  Bulletin 

[Sixteen   page     of  itemized  appropriations   follow  hen    I 

Provided  that  no  money  herein  or  hereby  appropriated  for  any 
purpose  shall  be  paid  to  any  person  directly  or  indirectly  who  is  not 
at  the  time  of  receiving  such  pay,  remuneration  or  emolument  a 
citizen  of  the  United  States  under  the  laws  of  the  United  States. 

Provided,  however,  that  this  act  shall  not  apply  to  any  person 
who  is  not  a  citizen  of  the  United  States  under  the  naturalization 
laws  of  the  United  States  who  has  resided  in  Texas  for  a  period  of 
ten  years  and  who  shall  within  thirty  days  after  this  act  shall  take 
effect  make  application  to  become  a  citizen  of  the  United  States  and 
who  shall  within  two  years  after  making  such  application  become 
a  citizen  of  the  United  States  under  the  naturalization  laws  of  the 
United  States. 

The  appropriations  herein  provided  for  are  to  be  construed  as  the 
maximum  sums  to  be  appropriated  to  and  for  the  several  purposes 
named  herein,  and  no  expenditures  shall  be  made,  nor  shall  any 
obligations  be  incurred  which,  added  to  the  actual  expenditures, 
will  exceed  the  amounts  herein  appropriated  for  either  of  the  said 
purposes,  except  under  the  provisions  provided  for  in  Article  4342, 
of  Chapter  2,  Title  65,  of  the  Revised  Civil  Statutes  of  1911. 

Section  2.  All  laws  and  parts  of  laws  in  conflict  herewith  or 
covering  the  subject  matter  hereof  are  hereby  repealed. 

Section  3.  The  fact  that  there  is  grave  doubt  as  to  whether  or 
not  adequate  provision  has  been  made  for  the  support  and  mainte- 
nance of  the  State  University  and  its  branches  for  the  years  men- 
tioned above,  together  with  the  fact  that  the  date  of  the  opening 
of  the  next  session  of  the  University  is  near  at  hand,  creates  an 
emergency  and  an  imperative  public  necessity  requiring  the  suspen- 
sion of  the  constitutional  rule  requiring  bills  to  be  read  on  three 
several  days,  and  that  this  Act  take  effect  from  its  passage,  and  such 
rule  is  hereby  suspended  and  it  is  hereby  declared  that  this  Act  shall 
take  effect  from  its  passage,  and  it  is  so  enacted. 

Approved  August  31,  1917. 

THIRTY-FIFTH  LEGISLATURE,   THIRD   CALLED   SES- 
SION, AUGUST  31  TO  SEPTEMBER  29,  1917 

TSee  Index  to  the  Ferguson-University  Controversy.] 

Proclamation  of  Acting  Governor  W.  P.  Hobby.     September  5,  1917. 
H.  J.  p.  6;  S.  J.  p.  2 


5.  To  facilitate  a  fair  and  impartial  trial  of  the  Articles  of  Im- 
peachment preferred  by  the  House  of  Representatives  against  the 
Governor  of  Texas. 

[The  Proclamation   is   dated  Aug.    29]. 


A  Source  Book  of  (In   University  of  Texas  551 

PROCEEDINGS  IN    THK   LEGISLATURE 

H.  B.  5  9 — By  Messrs.  Fuller,  Tillotsonj  Fly  and  ten  others. 

To  create  a  joint  legislative  investigating  committee. 

H.  J.  p.  295. 
H.  S.  R.  3 — By  Mr.  Fly. 

To  provide  for  an  investigation  of  the  State  departments  and  in- 
stitutions. 

Adopted;   House  Committee  appointed.     H.  J.  p.  296. 
H.  S.  R.   21 — By  Mr.  Thompson  of  Hunt. 

To  provide  for  an  investigation  of  the  State  departments  and 
institutions. 

Tabled  subject  to  call.     H.  J.  p.  2  9  6. 
H.  S.  R.  25 — By  Messrs.  Beasley  and  Richards. 

To  print  in  the  Journal  a  "Statesman"'  editorial  complimentary 
to  Mr.  DeBogory  and  Mr.  Low  of  Washington. 

Adopted,   80   to   17.      H.   J.   p.   295. 
S.   B.   9 — By  Mr.   Bailey. 

To  secure  unpaid  purchase  money  on  public  free  school,  Uni- 
versity and  Asylum  lands. 

Became  a  law.     S.  J.  p.  1080;   H.  J.  p.  297. 
S.  S.  R.   8 — By  Messrs  Strickland  and  Page. 

To  request  the  Governor  to  set  a  time  to  hear  a  committee  from 
the  Senate  upon  the  reasons  why  Wilbur  P.  Allen  should  be  re- 
moved from  the  Board  of  University  Regents. 

Adopted.     S.  J.  p.   1091. 
S.  S.  R.  18 — By  Messrs  Dayton  and  Clark. 

To  provide  for  a  full  investigation  of  the  State  University  and 
institutions  amended  so  as  to  include  all  State  departments. 

Adopted;    Committee  named.      S.   .1.   p.    1091. 
S.  S.  R. — By  Mr.   Clark. 

To  call  upon  the  House  to  file  impeachment  charges  against 
George  W.  Littlefield,  a  regent,  because  his  bank  carries  an  aver- 
age daily  balance  of  $70,000  of  University  money  without  paying 
interest  upon  the   deposits. 

Tabled  24  to  4,  expunged  from  the  Journal  21  to  7. 

September  26,  p.  3,  Dallas  News 

September  X,    1917;   S.  J.   p.  50 

A  letter  of  Will  C.  Hogg  to  Wilbur  P.  Allen  admits  that  the  for- 
mer made  "an  honest  mistake"  when  he  charged  the  latter  "with 
utterly  disregarding"  the  Dayton  resolution,  [S.  S.  R.  29,  Second 
Called  Session],  but  claims  that  there  was  some  excuse  for  the 
mistake. 

Sept  2!>,    1JM7;   S.  .1.  p.   1080;    II.  J.  p.  ^76 

Miss  Lavinia  Harvill  thanks  by  letter  the  Legislature  for  making 


558  University  of  Texas  Bulletin 

her  an  assistant  librarian  at  the  University  because  of  "losing  my 
right  arm  in  the  service  of  one  of  the  State  institutions." 

LAWS 

S.  B.  9,  Ch.  29,  pp.  95-96 

An  Act  creating  an  express  lien  in  favor  of  the  State  of  Texas  on 
all  public  free  school  land,  University  land,  and  the  several  Asy- 
lums land  for  the  use  and  benefit  of  the  Public  Free  School 
Fund,  the  University  Fund,  and  the  several  asylums  funds  for 
the  purpose  of  securing  the  payment  to  said  funds  of  all  unpaid 
purchase  money  and  interest  thereon  due  and  to  become  due  upon 
all  the  said  lands,  which  have  heretofore  been  sold  and  which 
may  hereafter  be  sold  so  long  as  any  portion  of  the  principal 
or  any  portion  of  the  interest  thereon  remains  unpaid;  also 
authorizing  the  Commissioner  of  the  General  Land  Office  on  be- 
half of  the  State  of  Texas  to  transfer  the  indebtedness  due  to 
said  funds  and  the  lien  held  upon  said  land  for  the  benefit  of 
said  funds  to  secure  the  payment  of  the  principal  and  interest 
to  such  person,  firm  or  corporation,  "or  the  Federal  Farm  Loan 
Bank"  as  may  make  payment  in  full  to  the  State  for  all  sums  due 
upon  said  land,  and  providing  that  the  person,  firm  or  corpora- 
tion, that  may  pay  said  indebtedness  shall  be  subrogated  to  all 
the  rights,  liens  and  remedies  held  and  enjoyed  by  the  State  and 
declaring  an  emergency. 

Section  1.  For  the  purpose  of  securing  the  payment  of  all  prin- 
cipal and  interest  now  due  and  that  which  may  hereafter  become 
due  upon  any  former  sale,  or  upon  any  sale  that  may  hereafter  be 
made  by  the  State  of  any  public  free  school  land,  University  land 
and  the  several  asylums  land,  the  State  shall  hav9  an  express  lien 
for  the  use  and  benefit  of  the  fund  to  which  the  land  belongs  in 
addition  to  any  right  and  remedy  that  it  now  has  for  the  enforce- 
ment of  the  payment  of  any  principal  or  interest  that  may  become 
due  and  be  unpaid. 

Sec.  2.  If  the  owner  of  any  land  mentioned  in  this  Act  should 
consent  for  any  person,  firm  or  corporation  "or  the  Federal  Farm 
Loan  Bank"  to  pay  to  the  State  the  principal  and  interest  due  upon 
any  obligation  given  for  any  land  included  in  this  Act,  and  such 
person,  firm  or  corporation,  "or  the  Federal  Farm  Loan  Bank- 
should  make  such  payment,  the  Commissioner  of  the  General  Larfi 
Office  shall  be  authorized  upon  the  written  request  of  such  owner 
duly  acknowledged  in  the  manner  required  for  the  conveyance  of 
real  estate  coupled  with  an'-affidavit  of  ownership  to  execute,  ack- 
nowledge and  deliver  a  written  transfer  of  the  indebtedness  held 
by  the  State  to  such  person,  firm  or  corporation  or  the  Federal 
Farm  Loan  Bank  as  may  be  authorized  to  receive  the  transfer;  pro- 


A  Source  Book  of  the  University  of  Texas 

vided,  if  the  land  claimed  by  the  one  representing  himself  to  be  the 
owner,  should  be  held  under  such  evidence  of  title  as  the  law  or 
rules  of  the  General  Land  Office  will  not  authorize  or  permit  to  be 
filed  in  said  Land  Office,  then  and  in  that  event,  the  said  Commis- 
sioner may,  for  the  purpose  of  executing  the  assignment  or  transfer 
herein  provided  for  admit  the  owner  to  be  such  person,  as  the  per- 
son, firm  or  corporation  or  the  Federal  Farm  Loan  Bank  paying 
the  indebtedness  shall  admit  to  be  the  owner,  and  upon  such  ad- 
mission the  instrument  of  transfer  shall  be  executed;  provided 
further,  that  nothing  herein  shall  be  construed  to  change  in  any 
particular  whatever  the  law  or  rules  that  obtain  in  the  General 
Land  Office  relative  to  titles  to  land  and  the  issuance  of  patents 
thereon. 

Sec.  2a.  Provided  that  no  transfer  of  the  State's  Lien  or  debt 
be  made  until  the  land,  which  is  security  for  said  lien  or  debt  has 
been  occupied  for  the  full  period  of  time,  and  in  the  manner  as 
provided  by  law. 

Sec.  3.  Any  person,  firm  or  corporation  or  the  Federal  Farm 
Loan  Bank  that  shall  pay  to  the  State  the  balance  due  upon  any 
land  included  in  this  Act  at  the  request  of  the  owner  as  provided 
herein,  shall  be  subrogated  to  all  the  rights,  liens  and  remedies 
held  by  the  State  to  secure  and  enforce  the  payment  of  the  amount 
of  principal  and  interest  so  paid  to  the  State. 

Approved  October  16,  1917. 

September  :?.   1917;   S.  J.  pp.  15-10,  17-18,  26-27 

Articles  of  impeachment  from  the  House  [Thirty-fifth  Legisla- 
ture, Second  Called  Session,  H.  J.  p.  81-8  2]  reprinted  in  S.  J. 

Answer  of  Governor  James  E.  Fersruson 


This  respondent  demurs  to  the  Articles  of  Impeachment  herein 
presented  to  the  Senate  against  him,  and  to  each  and  every  article 
thereof  and  says  that  they  constitute  no  legal  or  sufficient  presenta- 
tion of  impeachment  against  him  for  the  reason  that  the  same  have 
been  presented  to  the  Senate  by  the  House  of  Representatives  at  a 
special  session  of  The  Legislature,  and  that  no  allegation  is  made 
that  the  subject  of  impeachment  was  submitted  to  either  branch  of 
the  Legislature  by  the  Governor,  and  that  the  said  House  of  Re- 
presentatives possessed  no  legal  right  to  consider  the  subject  of  im- 
peachment of  this  respondent  under  the  Constitution  and  laws  of 
the  State  of  Texas,  unless  and  except  such  subject  was  submitted 
to  the  Legislature  by  the  Governor  in  his  call  of  such  special  ses- 
sion or  thereafter  by  appropriate  message  to  such  Legislature;   and 


560  University  of  T<  tas  Bulletin 

this  respondent  says  that,  there  was  no  submission  to  the  Legisla- 
by  the  Governor  of  the  State  of  Texas  of  the  subject  of  im- 
peachment of  which  failure  this  Honorable  Court  will  take  judicial 
cognizance,  and  of  this  respondent  prays  the  judgment  of  this 
Honorable  Court. 


Ill 

This  respondent  further  specially  demurs  to  Articles  14,  15,  16 
and  17  presented  to  this  Honorable  Court,  and  says  the  same  do  not 
constitute  a  high  crime  or  misdemeanor,  a  violation  of  this  re- 
spondent's oath,  a  violation  of  the  Constitution  of  the  State  of 
Texas  or  official  misconduct  in  that  on  the  face  of  the  allegations 
in  said  articles  it  was  at  most  and  only  an  exercise  of  official  dis- 
cretion vested  in  him  by  the  Constitution  of  the  State  of  Texas,  and 
of  this  respondent  prays  the  judgment  of  this  Honorable  Court. 

IV 

This  respondent  further  specially  demurs  to  Article  17,  and  says 
the  same  is  insufficient  and  alleges  no  ground  for  impeachment,  no 
violation  of  any  official  duty  of  this  respondent,  of  the  Constitu- 
tion of  the  State  of  Texas,  of  his  oath  of  office,  in  that  the  same 
at  most  alleges  the  doing  of  that  which  under  the  laws  and  Consti- 
tution of  the  State  of  Texas  this  respondent  had  a  right  to  do;  and 
such  acts  under  the  laws  of  the  State  of  Texas  not  being  subject 
to  review,  and  there  being  no  requirement  to  state  the  causes  by 
which  said  removals,  if  any,  were  made,  could  not  be  the  basis  of 
impeachment  proceedings  by  the  Legislature  of  the  State  of  Texas 
or  this  Honorable  Court,  and  of  this  respondent  prays  the  judgment 
of  this  Honorable  Court. 

For  answer  herein  this  respondent  denies  all  and  singular  the 
allegations  and  statements  in  each  and  all  of  the  aTtioles  herein  filed, 
except  as  hereinafter  set  forth  and  explained. 

JAMES  E.  FERGUSON, 

Respondent. 
R.  L.   HENRY, 
CLARENCE   MARTIN, 
B.   Y.   CUMMINGS, 
W.  A.  HANGER, 

Attorneys   for  Respondent. 


XV 

For  answer  to  Article  15,  this  respondent  says  that  it  is  true  that 
he    vetoed    the    appropriation    therein    mentioned,    but    that    he    did 


A  Source  Book  of  the  University  of  Texas  561 

so  in  the  exercise  of  that  discretion  which  is  vested  in  him  by  the 
Constitution  of  this  State.  That  he  did  not  seek  to  set  aside  any 
provision  of  the  Constitution,  particularly  that  portion  mentioned  in 
said  Article  Number  45,  or  to  set  aside  the  express  will  and  judg- 
ment of  the  people  of  Texas.  All  of  which  this  respondent  stands 
ready  to  verify. 

XVI 

For  answer  to  Article  16,  this  respondent.denies  that  he  ever,  at 
any  time,  sought  to  assert  any  autocratic  will  or  power  of  his,  and 
denies  that  he  ever  sought  or  attempted  to  do  anything  save  and 
except  that  which  he  deemed  and  considered  to  the  best  interest  of 
the  University  of  Texas  and  its  conduct.  That  the  position  and  duty 
of  this  respondent  with  reference  to  the  management  of  the  Uni- 
versity has  always  been  and  is  now  that  it  should  be  managed  and 
controlled  by  the  Board  of  Regents,  who  by  the  Constitution  of  the 
State  is  vested  with  that  power;  and  while  he  has  at  various  times 
and  places  discussed  with  the  Board  of  Regents,  as  he  believed  then 
and  now  believes  he  had  a  right  to  do  and  was  his  duty  the  matters 
of  policy  to  be  pursued  in  the  management  of  the  State  University, 
that  he  has  never  gone  further  than  that  of  earnest  persuasion.  All 
of  which  this  respondent  stands  ready  to  verify. 

XVII 

For  answer  to  Article  17  this  respondent  denies  that  he  has 
sought  to  remove  members  of  the  Board  of  Regents  without  cause, 
that  he  has  demanded  the  resignation  of  others  without  reason  or 
that  he  has  sought  to  dictate  to  them  how  they  should  cast  their 
votes  with  reference  to  matters  arising  before  them.  For  answer 
to  said  Article  17  this  respondent  adopts  and  here  refers  to  his 
answer  to  Article  16,  declaring  that  this  respondent's  sole  purpose 
and  motive  was  and  is  as  has  been  expressed  by  him  in  his  ans- 
wer to  Article  16.  All  of  which  this  respondent  stands  ready  to 
verify. 

XVIII 

For  answer  to  Article  18  this  respondent  says  that  in  investigating 
the  affairs  of  the  University  of  Texas,  which  was  a  duty  imposed 
upon  him  by  the  Constitution  of  the  State  of  Texas,  he  found  that 
certain  employes  and  members  of  the  faculty  of  the  University  of 
Texas  had  used  certain  mileage  books,  paying  therefor  the  sum 
of  $25  per  thousand  miles  and  charged  the  State  of  Texas  the  sum 
of  $30  for  the  some,  thereby  illegally  obtaining  from  the  State  $5 
on  every  thousand  miles  traveled.  Thai  a  certain  member  of  the 
faculty,  drawing  a  large  annual  salary  from  the  State,  and  under 
contract  to  give  the  State  his  entire  time  and   talent,   was  engaged 

36—227 


562  University  of  Texas  Bulletin 

in  charging  people  at  other  points  in  the  State  for  serrices  rendered 
which  const i luted  a  part  of  his  duties  as  a  professor  of  the  Uni- 
versity of  Texas  and  as  a  member  of  the  faculty  of  the  same.  That 
a  certain  other  member  of  the  faculty  was  as  this  respondent  is  in- 
formed engaged  in  the  sale  of  books  which  the  students  were  re- 
quired to  buy  at  exhorbitant  prices.  That  this  respondent  believed 
then  and  now  that  it  was  his  duty  to  call  these  matters  to  the  atten- 
tion of  the  Board  of  Regents  of  the  University  and  to  the  people 
of  Texas.  That  this  respondent  in  calling  attention  to  such  matters 
and  other  matters  of  mismanagement  and  misconduct  of  the  Regents 
of  the"  University  of  Texas  and  the  people  of  Texas  acquainted  them 
with  the  facts  as  they  had  been  conveyed  to  him  and  as  he  believed 
them  to  be  true,  but  that  this  respondent  never  at  any  time  accused 
the  faculty  of  the  University  as  a  whole,  but  only  those  members 
who  had  been  guilty  as  he  believed  of  misconduct  and  of  such  con- 
duct as  unfitted  them  to  be  teachers  of  the  youth  of  the  State  in  its 
University.  That  instead  of  charging  the  entire  membership  in 
said  faculty,  as  is  indicated  in  said  article,  this  respondent  never 
made  any  complaint  at  any  member  of  such  faculty  exceeding  six, 
whereas  there  are  instructors  and  professors  to  the  number  of 
about  three  hundred  in  said  entire  faculty.  That  as  a  matter  of 
fact  this  respondent  never  filed  any  charges  against  any  member 
of  the  faculty,  but,  though  being  requested,  he  declined  to  do  so, 
and  simply  laid  before  the  Board  of  Regents  upon  their  unanimous 
request  the  information  which  had  been  handed  to  him  by  the  Uni- 
versity authorities.  All  of  which  this  respondent  stands  ready  to 
verify. 

XIX 

For  answer  to  Article  19,  this  respondent  denies  that  he  has 
sought  to  use  the  power  of  his  office  to  control  members  of  the 
Board  of  Regents,  and  denies  that  the  remission  of  the  forfeiture 
therein  mentioned  was  in  any  way  connected  with  any  official  or 
other  act  of  the  Chairman  of  the  Board  of  Regents,  but  that  the 
same  was  done  in  the  exercise  of  a  power  vested  in  this  respondent 
by  the  Constitution  of  this  State,  and  in  the  belief  that  under  all 
the  facts  and  circumstances  he  was  acting  for  the  best  interest  of 
the  State  of  Texas  and  its  people.  All  of  which  this  respondent 
stands  ready  to  verify. 

[The  votes  in  the  Senate  on  the  Articles  of  Impeachment  were  as  follows: 
Article  XV,  yeas  6,  nays  24;  Article  XVI,  yeas  22,  nays  9;  Article  XVII, 
yeas  22,  nays  8;  Articles  XVIII,  yeas  9,  nays  20;  Article  XIX,  yeas  21, 
nays   10.     S'.  J.  pp.   897-904.] 

[The  articles  themselves  are  again  reprinted  in  the  Report  of  the  Special 
Committee  on  Civil  Jurisprudence  of  the  Senate  in  S.  J.,  pp.  941-942,  and 
in  the  Report  of  the  House  Board  of  Managers,  H.  J.,  pp.  224-226.] 

[In  voting  on  these  articles,  three  main  views  seem  to  have  existed  in 
the  Senate:  that  the  conduct  of  Governor  Ferguson  in  relation  to  the  Uni- 


A  Source  Book  of  tlie  University  of  Texas  563 

versity  was   (a)  both  impeachable  and  improper;    (b)   not  impeachable  but 
improper;  (c)  neither  impeachable  nor  improper.] 

[Two   of   the   four   lawyers   who   were   counsel   for   the   defense,    one   of 
the  three  who  were  counsel  for  plaintiffs,  were  ex-students.] 

THIRTY-FIFTH  LEGISLATURE,   FOURTH  CALLED   SES- 
SION, FEBRUARY  26,  1918,  TO  MARCH  27,  1918 

PROCEEDINGS  IX  THE  LEGISLATURE 

H.  B.  No.  99 — By  Mr.  Mendell. 

To  pay  miscellaneous  claims  against  the  State. 

Became  a  law.     H.  J.  p.  608;  S.  J.  p.  573. 
H.  B.  No.  128 — By  Messrs.  Fly,  et  al. 

To  require  teachers  in  public  schools  to  conduct  work  in  the 
English  language  exclusively. 

Became  a  law.     H.  J.  p.  610;   S.  J.  p.  575. 

[In  the  passage  of  this  law  the  University  was  referred  to  in  debate  only 
incidentally.] 
S.   C.  R.   12 — By  Messrs.  Henderson  and  Collins. 

To  extend  the  use  of  Camp  Mabry  to  the  University  for  the  School 
of  Military  Aeronautics. 

Became  a  law.     S.  J.  p.  5  66;   H.  J.  p.  621. 
S.  C.  R.  24 — By  Mr.  Henderson,  et  al. 

To  thank  Major  George  W.  Littleffield  for  gift  of  a  valuable  library 
to  the  State  University. 

"Big    hearted,    generous,    noble   Texan,    and    gallant   Confederate 
has  so  generously  donated  to  our  beloved  State  insti- 
tution the  famous  John  W.  Wrenn  Library,  consisting  of  more  than 
5,300  volumes  at  a  cost  of  $225,000,  said  to  be  one  of  the  finest 
collections  of  Elizabethan  literature  in  the  world;       .... 

Adopted.     S.  J.  p.  567. 
H.  S.  R.  29 — By  Mr.  Poage. 

To  discontinue  teaching  the  German  language. 

In  many  of  our  high  schools  the  hard  earned  money  of  our  tax- 
payers is  being  used  in  the  employment  of  high-salaried  professors 
engaged  in  teaching  German.  In  our  University,  $15,000.00  is 
being  expended  annually  for  the  teaching  of  German.  This  un- 
American  and  unpatriotic  practice  has  already  been  discontinued 
in  some  of  the  other  States.  It  is  high  time  that  Kultur  of  the  kind 
that  Germany  teaches  be  cut  out:   therefore,  be  it 

Resolved,  That  all  of  our  public  schools  in  the  State  of  Texas  and 
the  University  of  Texas  .be  requested  to  discontinue  the  teaching 
of  German,  and  that  the  money  now  being  used  for  that  purpose 
be  hereafter  utilized  in  some  manner  that  will  be  beneficial  in 
winning  the  war. 

Lost.     H.  J.  pp.  86,  616,  631. 


564  University  of  Texas  Bulletin 

[Hon.  J.  A.  Kemp  was  appointed  to  succeed  Dr.   S.   J.   Jones  as  regent, 
"office  vacated  by  proclamation."     S.  J.,  pp.  98.  186.] 

Joint  Report  of  Central  Investigation  Committee  Appointed  by"  the 
Senate  and  House  of  Representatives  of  the  Thirty-fifth  Leg- 
islature.   March  11,  IfMS.   H.  J.  pp.  231,  233-235,  237,  238. 


Land    Office 


6.  We  find  that  there  are  large  bodies  of  University  lands,  situ- 
ated in  various  counties  in  West  Texas,  which,  under  the  manage- 
ment of  the  Regents  of  the  University,  is  not  permitted  to  be  sold. 
No  taxes,  either  State  or  county,  can  be  collected  from  said  lands 
while  owned  by  the  University.  We,  therefore,  recommend,  as  a 
wise  State  policy,  that  these  lands  be  placed  under  the  Land  Com- 
missioner for  sale,  in  the  manner  now  prescribed  for  school  lands, 
as  the  leases  expire.  , 

University  of  Texas 

The  University  of  Texas  is  composed  of  the  main  university,  lo- 
cated at  Austin,  the  medical  department,  located  at  Galveston,  and 
the  State  School  of  Mines,  located  at  El  Paso,  and  they  are  sepa- 
rately reported  on,  as  follows: 

Main  University 

The  physical  plant  of  the  main  university  consists  of  forty  acres 
of  land  in  Austin,  on  which  are  nine  brick  buildings  from  one  to 
five  stories  in  height,  and  twelve  frame  buildings,  all  of  which  are 
inventoried  at  $1,319,901.07.  The  campus  is  too  small  and  more 
land  will  soon  be  needed. 

The  dormitory  facilities  accommodate  eighty  girls  and  125  boys, 
and  it  is  recommended  that  in  any  building  program,  the  matter  of 
dormitory  facilities  be  given  consideration. 

The  university  endowment  consists  of  2,079,520  acres  of  land, 
bonds  of  the  State  amounting  to  $625,000  and  also  land  notes 
aggregating  $25,381.46.  The  university  has  also  received  donations 
of  importance,  to-wit:  one,  the  conditional  gift  of  503  acres  of  land 
near  the  City  of  Austin,  donated  by  Hon.  George  W.  Brackenridge 
of  San  Antonio;  another,  the  fund  for  Southern  history,  donated  by 
Hon.  George  W.  Littlefield  of  Austin,  amounting  to  $25,000;  and 
various  other  donations  aggregating  approximately  $40,000. 

The  university  received  for  the  year  ending  August  31,  1917,  from 
leases  on   lands  and   interest   on   land   sales,    $187,598.56;    interest 


A  Source  Book  of  the  University  of  Texas  565 

on  bonds,  $21,586;  students'  fees  and  fines,  etc.,  $21,523.60,  aggre- 
gating a  total  of  $230,780.16,  which  added  to  the  legislative  appro- 
priation for  the  year  gave  a  total  of  $960,611.25. 

The  auditorium  at  the  university  has  been  condemned  by  the  Fire 
Marshal,  and  the  estimated  cost  of  providing  proper  fire  protection 
is  $28,000.  If  practicable,  it  is  recommended  that  the  auditorium 
be  repaired,  as  it  will  probably  be  some  years  before  a  new  building 
can  be  secured. 

The  investigation  discloses  that  the  custom  prevailing  in  other 
universities,  and  formerly  permitted  to  some  extent  in  the  University 
of  Texas,  of  granting  leave  of  absence  on  full  pay  or  part  pay,  has 
been  discontinued,  as  has  also  the  policy  formerly  sanctioned  of 
allowing  members  of  the  faculty  to  accept  special  compensation  for 
lectures  or  addresses  delivered  to  student  groups  or  public  audi- 
ences; and  the  committee  has  further  strongly  recommended  the 
discontinuance  of  permission  to  members  of  the  university  faculty 
to  accept  employment. 

The  committee  finds  that  formerly  the  university  extension  work 
embraced  eight  divisons,  which  have  been  reduced  during  the  present 
year  to  five,  and  the  recommendation  has  been  made  that  the  legiti- 
mate field  for  university  extension  activities  lies  in  carrying  the  work 
conducted  by  the  institution  to  the  people  in  such  popular  form  as 
Its  correspondence  courses  and  otherwise. 

It  is  recommended  that  the  Constitution  be  so  amended  as  to 
provide  for  the  separation  of  the  University  of  Texas  and  the  Agri- 
cultural and  Mechanical  College  and  its  branches,  and  that  the  uni- 
versity lands  be  sold  and  the  proceeds  divided  so  as  to  award  to 
the  university  two-thirds  thereof  and  to  the  Agricultural  and  Me- 
chanical College  one-third  thereof,  with  the  provision  that  the  Prairie 
View  Normal  and  Industrial  College  shall  receive  an  equitable  divi- 
sion of  the  one-third  allotted  to  the  Agricultural  and  Mechanical 
College. 

This  amendment  should  fix  the  separate  identities  of  the  univer- 
sity and  its  several  branches,  namely,  the  State  School  of  Mines,  the 
Medical  College  at  Galveston,  the  Agricultural  and  Mechanical  Col- 
lege, the  Prairie  View  Normal  and  Industrial  College,  and  also  that 
of  the  College  of  Industrial  Arts;  defining  the  general  character  of 
work  in  each  institution;  and  providing  for  the  sale  of  the  lands 
now  belonging  to  the  university  permanent  fund  and  the  removal 
of  the  constitution  inhibition  against  appropriations  for  buildings 
at  the  university  and  the  Prairie  View  Normal  and  Industrial  College. 
It  is  further  recommended: 

1.  That  a   plan   be   devised   for   inventorying   State   property   at 
present  value. 

2.  That  the  positions  of  business  manager  and   auditor   at   the 
university  be  combined. 


566  I  niversity  of  Texas  Bulletin 

3.  That  no  member  of  the  faculty  in  future  accept  outside  em- 
ployment. 

4.  That  graduate  work  be  developed  in  the  university. 

5.  That  the  law  be  amended  so  as  to  prescribe  the  mode  of  re- 
moval of  members  of  the  Board  of  Regents. 

The  Medical  Department 

This  institution  has  an  enrollment  of  325  students.  The  plant 
consists  of  one  college  building,  a  university  hall  and  six  buildings 
comprising  the  hospital  group.  The  cost  of  maintenance  for  the 
year  ending  August  31,  1916,  was  $83,360.74.  The  institution  is 
one  of  the  most  efficiently  organized  medical  colleges  in  the  country. 

The  John  Sealy  Hospital,  which  is  operated  by  the  City  of  Gal- 
veston, in  connection  with  the  medical  college,  consists  of  six  build- 
ings valued  at  $706,000.  The  City  of  Galveston  is  under  contract 
to  maintain  the  John  Sealy  Hospital,  but  is  unable  on  account  of 
misfortune  and  high  tax  rates  to  contribute  more  than  $40,000  for 
this  purpose,  and  as  that  is  not  enough  by  about  $25,000  to  main- 
tain the  institution  it  is  recommended  that  the  State  provide  an 
annual  appropriation  of  $25,000  towards  the  maintenance  of  this 
institution. 

A  new  fireproof  laboratory  and  some  additions  to  the  nurses'  home 
are  badly  needed,  and  the  management  of  the  college  recommends 
the  construction  of  an  additional  hospital  building. 

It  is  recommended  that  a  dental  department  be  established  in 
connection  with  the  college  as  soon  as  practicable  after  1918. 

It  is  also  recommended  by  the  faculty  that  a  psychopathic  ward 
be  established,  and  the  committee  suggests  the  advisability  of  con- 
sidering the  construction  of  a  building  in  connection  with  the  Med- 
ical College  to  be  used  as  a  detention  hospital  for  those  declared 
mentally  unsound. 

State  School  of  Mines 

This  institution  is  located  in  El  Paso,  the  center  of  the  greatest 
mining  district  of  the  Southwest,  which  is  an  exceptionally  fine  lo- 
cation for  a  school  of  this  character.  The  plant  of  this  institution 
consists  of  five  buildings — the  main  building,  the  chemistry  building, 
the  dormitory,  the  power  house  and  the  mill — all  fire-proof.  The 
equipment  is  new,  complete  and  up-to-date.  The  enrollment  is  eighty 
students,  seventy  of  whom  are  from  Texas. 

The  committee  recommends  that  the  act  creating  the  school  of 
mines  be  revised,  clearly  defining  the  institution  as  a  department 
of  the  university,  determining  its  general  activities  and  expressly 
vesting  the  Board  of  Regents  with  full  administrative  control.  The 
arrangement  effected  between  the  School  of  Mines  and  the  City  of 
El  Paso  by  which  a  municipal  college  called  the  "College  of  the  City 


A  Source  Book  of  the  University  of  Texas  561 

of  El  Paso"  has  been  established,  placing  the  institution  in  the 
junior  college  class  and  which  imposes  no  additional  expense  upon 
the  School  of  Mines,  but  brings  it  a  student  body  likely  to  prove 
beneficial,  is  endorsed. 

In  the  beginning  of  the  present  session  the  Board  of  Regents 
unlawfully  raised  the  salaries  of  the  president,  teachers  and  other 
employes  in  the  university,  in  the  aggregate  of  about  $45,000,  of 
which  $26,500  was  to  be  paid  out  of  the  appropriation  made  by  the 
Legislature  for  contingent  expenses  and  salary  adjustments,  and 
about  $19,000  was  to  be  paid  out  of  the  available  funds  of  the  uni- 
versity, which  action  was  founded  upon  the  recommendation  of 
President  Vinson. 

It  is  recommended  that  all  funds  used  to  increase  the  salaries  of 
the  president,  teachers  and  other  employes  in  the  University  and  its 
branches  in  excess  of  the  maximum  amounts  stipulated  in  the  ap- 
propriation bill  for  such  salaries  be  returned  to  the  State  Treasury, 
and  that  the  practice  of  paying  such  excess  amounts  be  immediately 
discontinued. 


Duplication  of  Work  in  Our  Educational  Institutions 

While  there  is  much  talk  of  duplication  of  work  in  our  educa- 
tional institutions,  there,  in  fact,  exists  very  little  unnecessary  dupli- 
cation, for  it  is  not  believed  that  duplication  in  general  subjects 
is  unnecessary  duplication,  but  only  in  case  where  two  institutions 
major  on  the  same  subject  is  duplication  regarded  as  unnecessary. 

This  condition  might  be  thought  by  some  to  exist  in  the  engin- 
eering department  of  the  University  and  the  Agricultural  and  Me- 
chanical College,  as  each  institution  has  a  fully  equipped  engineer- 
ing department;  but  taking  into  consideration  the  size  of  the  State, 
such  duplication  is  not  regarded  as  objectionable.  There  has  been 
some    duplication    in    agriculture  ion    work    between    ti  • 

tension  department,  of  the  Agricultural  and  Mechanical  College  and 
the  State  Department  of  Agriculture.  It  is  believed  and  recom- 
mended that  the  service  of  an  administrative  character  should  in 
all  instances  be  conducted  by  the  executive  branch  of  the  State 
Government  to  which  it  naturally  belongs,  and  that  the  work  of  an 
educational  character  should  be  conducted  by  the  educational  insti- 
tutions to  which  it  properly  belongs. 

All  agricultural  service  of  an  administrative  character  should  be 
conducted  by  the  State  Department  of  Agriculture,  while  all  agri- 
cultural extension  work  of  an  educational  character  should  be  con- 
ducted under  the  extension  department  of  the  Agricultural  and 
Mechanical  College  and  the  extension  department  of  the  College  of 
Industrial  Arts,  and  the  State  Department  of  Agriculture  should 
in  no  sense  do  work  of  an  educational  character. 


568  University  of  Texas  Bulletin 

Under  the  provisions  of  the  Smith-Hughes  Act  of  Congress,  mak- 
ing available  certain  funds  for  the  three  classes  of  extension  work 
embraced  in  agricultural,  home  economics  and  vocational  trades,  the 
fluids  available  should  be  assigned  for  agriculture  to  the  use  of 
that  institution  which  teaches  agriculture  as  a  vocation  and  is 
recognized  agency  of  the  State  for  agricultural  extension  and  in- 
struction in  rural  economics;  and  that  part  of  the  fund  available 
for  the  promotion  of  the  study  of  home  economics  should  be  spent 
by  and  under  the  direction  of  the  College  of  Industrial  Arts. 

Department  of  Education 


The  division  of  high  schools  has  charge  of  the  establishment,  clas- 
sification and  affiliation  of  high  schools.  The  work  of  affiliating  high 
schools  was  formerly  done  by  the  University,  but  it  being  an  admin- 
istrative function,  has,  we  think,  wisely  been  transferred  to  the  State 
Department  of  Education,  to  be  conducted  in  accordance  with  the 
recommendations  of  a  Committee  composed  of  a  representative  from 
the  Department  of  Education,  the  University  of  Texas,  and  the  Agri- 
cultural and  Mechanical  College,  the  College  of  Industrial  Arts,  and 
one  representative  from  the  State  Normal  Schools  to  be  chosen  by 
the  heads  of  the  Normal  Colleges 

[Subcommittee  No.  9  of  the  Central  Committee  investigated  the  State 
educational  institutions  with  the  exception  of  the  Normals.  It  consisted 
of  Senator  I.  E.  Clark  of  Schulenberg  and  Representatives  Leonard  Tillot- 
son  of  Sealy  and  Oscar  Davis  of  Anderson.] 

GENERAL  LAWS 

H.  B.  99;  Ch.  86,  pp.  184-186 

An  Act  making  appropriations  to  pay  miscellaneous  claims  against 
the  State,  authorizing  the  payment  of  said  miscellaneous  items  on 
taking  effect  of  this  Act,  making  additional  appropriations  for  the 
support  of  the  State  government,  for  the  fiscal  year  ending  August 
31,  1918,  and  August  31,  1919;  and  declaring  an  emergency. 

For  the  support  and  maintenance  of  a  Camp  of  Instruc- 
tion in  Austin  during  the  summer  of  1918  under  Gen- 
eral Luther  Hare,  for  the  instruction  of  students  of 
the  University  in  the  Officers  Reserve  Corps $20,000.00 

S.  C.  R.  12;  pp.  209-210 

Whereas,  It  has  come  to  the  knowledge  of  the  Texas  Legislature 
that  the  Federal  Government  has  called  upon  the  University  of 
Texas  to  assist  in  training  mechanics  for  the  Army;  and 


A  Source  Book  of  the  University  of  Texas  569 

Whereas,  The  buildings  at  present  occupied  by  the  ground  school 
of  Military  Aeronautics  will  accomodate  a  large  number  of  these 
mechanics;  and 

Whereas,  This  makes  it  necessary  for  the  University  to  provide 
an  additional  place  for  the  accomodation  of  the  ground  school  of 
Military  Aeronautics,  involving  an  expenditure  of  approximately 
$250,000.00: 

Now,  therefore,  Be  it  Resolved  by  the  Senate,  the  House  of  Repre- 
sentatives concurring,  first:  That  the  use  of  Camp  Mabry  be  ex- 
tended to  the  Board  of  Regents  of  the  University  of  Texas  for  the 
School  of  Military  Aeronautics;  and,  second:  That  it  is  the  sense 
of  this  Legislature  that  in  the  event  the  war  should  close  before  the 
earnings  of  the  School  of  Military  Aeronautics  shall  reimburse  the 
Board  of  Regents  of  the  University  of  Texas  for  the  expenditures 
incurred,  the  State  of  Texas  should  be  responsible  for  such  balance 
in  the  building  account  as  may  remain  unpaid  at  that  time,  it  being 
understood  that  in  the  event  these  buildings  are  completely  paid  for 
before  the  close  of  the  war,  they  shall  become  the  property  of  the 
State  for  the  use  of  the  National  Guard  or  for  any  other  purpose 
which  may  seem  wise. 

Filed  in  the  office  of  Secretary  of  State,  April  3,  1918,  without 
approval. 


570  University  of  Texas  Bulletin 

REPORTS  OF  THE  ATTORNEY  GENERALS  OF  TEXAS 

Report  for   1X70  of  William  Alexander,  p.  5 

The  Agricultural  and  Mechanical  Grant 

The  special  report  made  by  request  to  your  Excellency  on  Nov- 
ember 1,  1S70,  furnished  such  an  abstract  as  was  deemed  necessary 
of  the  leading  provisions  of  the  Acts  of  the  Congress  of  the  United 
States,  under  which  the  State  of  Texas  can  obtain  land  warrants 
to  the  amount  of  180,000  acres  for  the  maintenance  of  an  agricul- 
tural and  mechanical  college.  The  subject  is  now  only  referred 
to  in  order  to  call  attention  to  the  fact  that  a  little  delay  on  the 
part  of  the  Legislature  will  cause  this  munificient  grant  to  be  lost. 
Should  an  appropriation  of  money  or  bonds  be  made,  sufficient  in 
amount  to  enable  the  University  of  Texas,  a  corporation  already 
organized  and  well  endowed  with  lands,  but  in.  no  condition  to  do 
anything  for  want  of  funds,  to  commence  operations  within  the 
present  year,  with  the  agricultural  and  mechanical  college  as  one 
of  its  component  parts — for,  like  all  universities,  it  must  neces- 
sarily be  made  up  of  an  aggregation  of  colleges — the  proceeds  of 
these  land  warrants  which  your  Excellency  has  taken  the  steps 
to  obtain,  may  be  secured. 

Report  for  1876,  1877,  1878,  of  H.  H.  Boone,  pp.  6-7 

Miscellaneous    Business 

2.      University  lands  in  McLennan  and  Hill  Counties. 

By  estimate  of  the  General  Land  Office,  there  are  about  four- 
teen thousand,  two  hundred  and  twenty-five  acres  of  these  lands 
in  conflict  with  the  Joachin  Moreno  eleven  league  grant.  Suits  were 
brought  in  the  Federal  Court  at  Austin  in  187  3,  against  defendants 
in  possession  and  persons  who  claimed  adversely  to  those  claiming 
under  the  grant  On  the  sixth  of  March,  187  5,  an  act  was  passed, 
entitled  "An  Act  supplemental  to  and  amendatory  of  the  several 
acts  authorizing  the  sale  or  disposition  of  the  University  lands  in 
the  State  of  Texas.  In  this  act  it  was  provided  that  the  settlers  on 
any  of  the  University  lands  lying  within  the  counties  of  McLennan 
and  Hill,  and  conflicting  with  the  grant  in  the  name  of  Joachin 
Moreno,  shall  not  be.  compelled  to  pay  the  amounts  due  on  said 
land  until  the  suit  pending  in  behalf  of  said  grant  shall  have  been 
decided  and  title  to  said  land  settled.  Application  was  made  to  me 
by  the  attorneys  representing  the  defendants  in  the  suits  pending 
to  intervene  on  the  part  of  the  State,  or  to  take  part  in  the  litiga- 


A  Source  Book  of  the  University  of  Texas  571 

tion  in  behalf  of  the  State.  Upon  investigation  of  the  matter  I  do 
not  think  I  would  be  consulting  the  interests  of  the  State,  even  if 
my  authority  to  do  so  had  been  unquestionable,  to  make  the  State 
a  party  to  the  suits,  and  therefore  declined  so  to  do.  The  suits 
have  resulted  in  favor  of  the  plaintiffs.  As  the  State  was  not  a 
party  to  the  suits,  she  is  not  bound  by  the  judgments  that  have 
been  rendered,  and  is  not  estopped  from  setting  up  her  claim  to 
the  University  lands  embraced  in  the  conflict.  It  rests  with  the 
Legislature  of  the  State  to  make  provision  for  testing  the  title 
to  this  land,  if,  upon  investigation,  it  be  thought  advisable,  or 
otherwise  to  restore  to  the  settlers  on  these  lands  who  have  pur- 
chased from  the  State  any  money  they  may  have  paid  the  State, 
and  to  release  them  from  all  obligation  for  future  payments.  The 
records  of  the  General  Land  Office  and  of  the  State  Treasury 
Office  will  show  who  those  settlers  are,  and  what  amounts  of 
money  have  been  paid  by  them. 

Report  for  1880,  of  George  McCormick,  p.  11 

MISCELLANEOUS  BUSINESS 


2.  The  matters  growing  out  of  the  controversy  over  the  Uni- 
versity lands  in  McLennan  county  have  also  had  my  attention.  I 
visited  Waco,  and,  after  consultation  with  many  settlers,  adopted 
a  plan,  so  far  as  they  are  concerned,  which  I  deem  alike  fair  to 
them  and  honorable  to  the  State.  The  adverse  claim  of  those 
claiming  the  supposed  Moreno  eleven  league  grant — which  grant  (if 
grant  it  may  be  called)  conflicts  with  these  lands — should  be 
resisted,  and  will  be  so  far  as  I  am  able.  The  opinion  given,  ad- 
vising the  course  to  be  pursued  towards  the  settlers,  is  on  record 
in  this  office,  and  its  contents  need  not  be  further  noticed  here. 

Report  for  1882,  of  .7.  H.  McLeary,  p.  21 

UNIVERSITY  LAND  CASES 

The  cases  Nos.  3501,  The  State  v.  Jennie  Lewis,  and  3502,  The 
State  v.  John  Barrett,  at  my  last  report  pending  in  the  District 
Court  of  McLennan  county,  brought  in  accordance  with  joint  reso- 
lution of  February  19,  1879,  to  remove  cloud  from  title  and  to  es- 
tablish the  same  in  the  State  to  the  University  lands  in  McLennan 
and  Hill  Counties,  were  removed  by  defendants  into  the  United 
States  Circuit  Court  at  Waco,  Texas. 

These  suits  are  in  charge  of  Messrs  Clark  &  Dyer,  and  have  been 
most  ably  conducted  under  contract  by  them. 


572  University  of  Texas  Bulletin 

Report  for  1884,  of  J.  D.  Temple-ton.  p.  7 

UNITED  STATES  COURTS 

In  the  Circuit  Court  at  Waco,  the  University  lands  cases  are 
still  pending. 

[Further  information  regarding  the  progress  of  these  cases  is  to  be  found 
in  the  Second  Biennial  Report  of  the  Board  of  Regents,  1886,  pp.  55-56; 
Third  Report,  1888,  pp.  5,  6,  7;  Fourth  Report,  1889,  pp.  6-7:  "The  disputed 
titles  in  McLennan  county  ....  have  been  cleared  by  compromise, 
the  University  gaining  one-half  (about  7000  acres)  of  the  land  in  contro- 
versy."] 

OPINIONS    OF    THE    ATTORNEY   GENERALS 

[When  an  opinion  is  to  be  found  printed  in  the  Official  Report  of  an 
Attorney  General,  reference  is  made  to  the  Report.  When  the  opinion  has 
not  been  printed  officially,  reference  is  made  to  the  manuscript  volumes 
of  Opinions  in  the  Office  of  the  Attorney  General.] 

University    Location    Election — Form,    of    Ticket,    July    12,    1881; 
Vol.  10,  pp.  226-227 

J.  H.  McLeary,  to  W.  L.  Prather,  Chairman  LWaco]  Citizen's 
Committee. 

"  ....  a  proper  form  of  ticket  would  seem  to  be,  'For 
severance  of  the  Medical  Department'  and  on  the  same  ticket  the 
name  of  the  place  to  be  voted  on.  I  do  not  know  whether  the  elec- 
tion proclamation  will  direct  the  question  of  severance  to  be  voted 
for  on  a  separate  ballot  but  presume  it  will  not.  As  the  Gover- 
nor and  Secretary  of  State  have  the  matter  in  charge,  I  suggest 
that  you  confer  with  them  ." 

University   Location   Election — Proper   Form    of   Ballot.      Aug.    19, 
1881;  Vol.  10,  pp.  298-308 

J.  H.  McLeary  to  Eugene  Bremond,  Vice-President  [Austin] 
Citizen's  Committee. 

"  ....  all  votes  cast  must  be  cast  with  a  view  to  two 
contingencies,   the   one  that   severance     ....     is   carried,   and 

the  other  that  such  severance  is   defeated Returns 

ehould  be  made  as  follows:      1.  votes  for  severance;    2.  

votes  against  severance;    3.  received  votes  for  location 

of  entire  University;    4.  received  votes  for  the   location 

of  the  Main  University;   5.  received  votes  for  the  location 

of  the  Medical  Department But  it  is  urged  that  these 

views  do  not  conform  to  the  proclamation  heretofore  issued  by  the 


A  Source  Book  of  the  University  of  Texas  573 

Governor.     The  law,  not  the  proclamation,  has  heen  considered  in 

this    discussion On    a    conference    with 

the  Governor  and  the  ....  Secretary  of  State  we  are  unable 
to  agree  ....  and  it  was  thought  best  that  each  should 
answer  your  letter  separately. 

[Note.  The  Ballot  was  actually  reported  by  the  Secretary  of 
State  and  Governor  as  follows: 

For   Austin    for   Main   University 16,306   votes 

For  Austin   for   Entire   University 14,607    votes 

Total    for    Austin 30,913   votes 

The  corresponding  figures  for  Tyler  were  18,420;  554;  18,974: 
for  Waco,  2,632;  7,167;  9,7  99.  The  total  remaining  scattered 
vote  was  less  than  7,000.  For  Galveston  for  the  location  of  the 
Medical  Department  29,741  votes;  Houston  12,586;  Austin,  994; 
scattering,    350.     See   Pre-numbered   Bulletin    [1],    pp.,    1,    2.] 

McLennan  County  Land  Suit  Compromised.      June    17,    1881);    Vol. 

12,   p.   542 

i 

J.   S.  Hogg  to  Chairman  Leslie  Waggener. 

"Information   has   reached   this   Department that 

the  suit  involving  title  to  university  lands  in  McLennan  County 
has  been  compromised.  Judge  Clark  of  Waco  can  notify  you  as  to 
the  partculars. 

"  suit    is    both    necessary    and    proper    for    the    col- 

lection of  interest  due  the  University  on  land  sales. 

"      ....      no  action  has  been  taken  by this 

Department  to  recover  the  San  Elizario  grant  in  El  Paso  County 
for  reasons  that  will  doubtless  be  entirely  satisfactory " 

Act  of  March  6,   1875,   Suspends  Payment    on   University  Lands  in 

Hill   and   McLennan   Counties   Only    During    Litigation   of 

said  Lands.      December  9,    1889,    Vol.    LJ,   p.   68 

J.   S.   Hogg  to  Land   Commissioner  R.   M.   Hall. 

....  It  was  not  the  purpose  of  the  Act  of  March  6, 
1875,  to  suspend  the  sale  of  said  lands  in  Hill  and  McLennan 
Counties,  nor  to  suspend  payment  upon  said  sales.  The  only  pur- 
pose of  said  act  ....  was  to  suspend  during  the  pendency 
of  said  litigation,  the  right  of  the  State  to  compel  and  enforce  pay- 
ments   upon,   sales sales   made   to   settlers   after    it, 

Act  of  March  6,  1S75,  became  a  law  and  before  the  termination 
of  said  litigation  were  legal  and  valid,  notwithstanding  the  Bettler 


574  University  of  Texas  Bulletin 

at  the  time  did  not  send  in  the  first  payment  as  required  in  the 
Act  of  1874  ....  Settlers  upon  payment  of  the  amounts 
for  which  the  lands  were  sold,  with  interest  .... 
will  be  entitled  to  a  patent  ....  Those  settlers  who  have 
tendered  payments  and  had  them  refused  will  not  be  liable  for  any 
interest  on  the  amount  tendered  since  the  date  of  the  tender." 

Regents  May  Expend  Tuition  Fees  as  They  May  Elect.     September 
6,   1893;   Vol.   15,  pp.  20-21 

C.  A.  Culberson,  by  M.  Trice,  to  Comptroller  Jno.  D.  McCall. 

"  .  .  .  .  the  appropriation  for  the  Medical  Branch  of  the 
University  passed  by  the  23rd  Legislature  [Laws,  23d  Legislature, 
p.  145]  [includes]  tuition  fees  [as]  a  supplemental  appropriation 
[which]  may  be  used  and  expended  for  the  support  of  the  Medical 
Branch  in  such  manner  as  the  Board  of  Regents  may  elect." 

Matriculation  Fees  May  Be  Used  to  Increase  Salaries.     January  18, 
1894.      Report  for   1893-1894,   p.   90 

C.  A.  Culberson  to  Comptroller  Jno.  D.  McCall. 

Dear  Sir:  Your  letter  of  the  17th  is  received,  in  which  you  in- 
quire: "The  Board  of  Regents  of  the  University  desire  to  use  the 
amount  of  matriculation  fees  for  paying  salaries,  over  and  above 
those  enumerated  on  page  146,  General  Laws,  1893,  under  the  head 
of  Medical  Branch  of  University,  and  also  to  change  the  salary  of 
the  provost  from  $1200  as  fixed  by  the  appropriation,  to  $1500,  as 
additional  duties  have  been  imposed  upon  him,  paying  the  addi- 
tional amount  of  $300  out  of  the  matriculation  fund. 

"Your  opinion  is  respectfully  desired  as  to  whether  this  depart- 
ment can  pay  these   salaries." 

The  objection  urged  to  the  proposed  action  of  the  Board  of  Re- 
gents, it  seems,  rests  upon  the  suggestion  that  the  salaries  of  the 
professors  and  others  connected  with  Medical  Branch  of  the  Uni- 
verity  are  fixed  by  the  appropriation  act  of  1893  (pp.  145,  146), 
especially  those  of  demonstrators  of  anatomy  and  physiology,  pro- 
vost and  janitor,  and  that  the  Board  of  Regents  may  not  exceed  the 
salaries  so  fixed.  If  it  be  true  that  the  salaries  are  thus  fixed,  the 
conclusion  reached  necessarily  follows.  But  such  is  not  believed 
to  be  the  case.  On  September  30,  1893,  you  were  advised  in  answer 
to  an  inquiry  that  the  "Legislature  appropriated  out  of  the  general 
revenue  the  specific  sum  named  for  the  maintenance  and  support  of 
the  Medical  Branch,  and  in  addition  appropriated  the  tuition  fees 
the  students  of    said  University  might  pay  in."  A  careful  re-examina- 


A  Source  Book  of  the  University  of  Texas  575 

tion  of  the  question  convinces  us  that  this  is  the  proper  construc- 
tion of  the  act,  for  the  reasons  given.  The  course  proposed  by  the 
Board  of  Regents  accords  with  this  construction.  If  it  be  held  that 
the  specification  of  it  in  the  act  is  tantamount  to  a  limitation  upon 
the  amount  the  Regents  are  authorized  to  pay  for  the  purposes  re- 
spectively named,  it  will  overthrow  this  interpretation,  and  lead 
logically  to  the  conclusion  that  the  sum  to  be  used  for  the  support 
and  maintenance  of  the  Medical  Branch  of  the  University  is  limited 
to  the  amount  appropriated  out  of  the  general  revenue.  Obviously 
this  would  destroy  that  portion  of  the  act  appropriating  the  matri- 
culation fees  of  students  supplementary  to  that  taken  from  the 
general  revenue.  It  is  a  familiar  rule  that  that  construction  should 
If  possible  be  adopted  which  will  give  effect  to  every  provision  of  a 
law.  It  seems  to  be  admitted  that  this  is  the  true  meaning  of  the 
act  wth  reference  to  all  items  except  for  the  salaries  of  professors, 
demonstrators  of  anatomy  and  physiology,  provost  and  janitor, 
it  being  insisted  that  no  greater  amount  may  be  paid  for  the  salaries 
of  professors  than  $21,800,  and  that  the  salaries  of  the  others 
named  are  limited  to  the  amounts  specified.  But  there  is  nothing  in 
the  act  which  shows  an  intention  to  discriminate  in  these  cases  by 
fixing  the  salaries  and  leaving  without  limit  amounts  used  for  labor- 
atories, school  of  pharmacy,  etc.,  and  unless  such  intention  appears, 
such  item  must  be  held  to  be  governed  by  the  general  object  of  the 
law.  Considered  in  connection  with  the  authority  expressly  con- 
ferred upon  the  Board  of  Regents,  to  fix  the  salaries  of  professors 
and  other  officers  ....  the  Legislature  by  the  act  in  question 
appropriated  for  the  support  and  maintenance  of  the  Medical 
Branch  of  the  University  (1)  the  matriculation  fees  of  students, 
and  (2)  an  aggregate  sum  out  of  the  general  revenue,  the  latter  of 
which  must  be  limited  and  used  for  the  purpose  specifically  pointed 
out  in  the  act.  The  authority  being  expressly  given  the  Board  of 
Regents  by  a  general  law  to  fix  the  salaries  of  Professors  and  other 
officers  of  the  University,  it  would  not  be  held  to  be  revoked  by  an 
appropriation  bill  unless  such  purpose  unmistakably  appears. 

Comptroller  Authorized  to  Issue  Warrant  to  Dr.   Dabney   for   Extra 

Work   Done  by   Him   Consequent   Upon   the   Illness   of 

Another  Professor  in  the  University.      Feb. 

25,   1895;   Vol.  15,  p.  214 

M.   M.  Crane  to  Comptroller  It.   W.   Finley. 

"A  communication  from  Stephen  H.  Darden,  formerly  Chief  Clerk 
in  your  Department,  has  just  been  handed  inc.  It.  bears  date  Au- 
gust 10,  1894,  and  came  to  this  office  Long  before  l  entered  upon 
the  discharge  of  the  duties  thereof.      It  is  in  substance  as   follows: 


576  University  of  Texas  Bulletin 

That  your  Department  had  Feb.  17  to  June  15  paid  on  approved 
vouchers  the  salary  of  Dr.  Dabney,  one  of  the  Professors  of  the 
University,  for  the  period  for  which  he  had  been  employed;  and 
that  thereafter  he  sent  in  a  claim  for  an  additional  sum  for  extra 
s«]  vices  performed  on  account  of  the  illness  of  Professor  Lefevre. 
He  then  propounds  the  question  whether  or  not  the  extra  compen- 
sation is  not  such  as  is  prohibited  by  Art.  3,  Sec.  44,  of  the  Consti- 
tution. The  Board  of  Regents  inform  me  that  the  services  for 
which  the  -extra  compensation  is  sought  were  not  contemplated  in 
the  original  conduct  of  his  employment;  that  the  compensation  paid, 
of  which  the  Chief  Clerk  writes,  was  for  services  rendered  in  com- 
pliance with  his  contract,  but  after  the  serious  illness  resulting  in 
the  death  of  Prof.  Lefevre,  Dr.  Dabney  performed  other  and  addi- 
tional services  not  contemplated  in  the  contract,  but  which  would 
have  been  discharged  by  Prof.  Lefevre  had  he  not  been  ill.  For 
this  extra  work  thus  put  on  Dr.  Dabney  and  indeed  voluntarily 
assumed  by  him,  he  asks  extra  compensation. 

"I  do  not  think  it  is  obnoxious  to  the  article  and  section  of  the 
Constitution  referred  to;  and  you  are  respectfully  advised  that  if 
the  sum  is  in  all  other  respects  proper  there  is  no  constitutional 
prohibition  against  your  paying  it." 

Terms  of  A.  and  M.  Directors  are  Limited  to  Two  Years.     January 
30,   1897;   Vol.   16,  p.  68 

M.   M.   Crane  to  Governor  Culberson. 

so  much  of  the  statute  as  extends  the  official 
term  of  the  Directors  of  the  A.  and  M.  College  beyond  two  years 
is  void  because  in  conflict  with  the  Constitutional  limitation." 

Donations  Do  Not  Necessarily  Become  an  Integral  Part  of  the  Per- 
manent Fund.     May  11,  1896;  Report  for  1897-98; 
pp.  106-108 

M.  M.  Crane  to  Regents. 

1.  The  donation,  if  accepted,  will  become  a  special  fund  for 
the  use  specified,  and  will  not  constitute  a  part  of  the  general  per- 
manent University  fund,  as  contemplated  by  our  Constitution  and 
laws. 

The  permanent  fund  is  that  fund  appropriated  and  donated  by 
the  State  or  by  others  for  the  general  support  and  maintenance  of 
the  University,  the  interest  upon  which,  when  reduced  to  cash,  is 
subject  to  appropriation  by  the  Legislature  for  the  general  support, 
maintenance  and  direction   of  the    University. 


A  Source  Book  of  the  University  of  Texas  577 

This  fund  is  donated  by  Mr.  Bryan  for  a  particular  purpose,  and 
the  interest  thereon  is  not  subject  to  appropriation  by  the  Legisla- 
ture for  any  other  purpose.  It  cannot  go  into  and  become  a  part 
of  the  general  permanent  fund,  but  must,  under  the  terms  of  the 
donation,    remain    distinct   therefrom    for   a    particular   specified   use. 

An   Instructor   in   the   Medical   Department    is   Not   Entitled   to   Pay 

While  in  the  United   States  Army  in   the  Hispano- 

American  War.     May.  20,   1899;    Vol. 

17,   pp.  312-313 

T.  S.  Smith  to  Regents  F.  M.  Spencer  and  Beauregard  Bryan. 

"  [An    instructor   in   the    Medical   Department  is  not 

entitled  to  pay]  "for  a  single  day"  Tas  an  instructor  for  the  time 
he  served  as  Surgeon  in  the  United  States  Army  in  the  Hispano- 
American  War,  although  part  of  the  time  h-e  was  in  the  army  was 
during  the  time  of  his  vacation  as  an  instructor.  Section  33  of  Ar- 
ticle 16  of  the  Constitution  is  conclusive]  "not  only  against  any 
officer,  but  against  any  person.  Of  course,  this  article  says,  'Ex- 
cept as  otherwise  prescribed  by  this  Constitution,'  but  I  call  your 
attention  to  the  fact  that  it  is  not  otherwise  prescribed  in  this  Con- 
stitution so  far  as  this  particular  matter  is  concerned." — N.  B.  Mor- 
ris,  Office  Assistant. 

T.  The  Constitution  limits  the  term  of  office  of  all  officers  not 
otherwise  provided  in  the  Constitution  to  two  years. 

II.  The  reasoning  in  and  the  opinion  of  our  Supreme  Court  in  the 
<a.se  of  Kimbrough  vs.  Barnett  applied  to  the  laws  Axing  the 
term  of  office  of  the  Board  of  Regents  of  the  University  and  the 
Board  of  Directors  of  the  Agricultural  and  Mechanical  College  for 
a  longer  period  than  two  years;  and  such  legislation  living  the 
term  of  office  of  Maid  officers  at  longer  periods  than  two  years  is 
unconstitutional. 

III.  Such  Officers,  however,  are  de  facto  officers  and  their  act-,  are. 
valid  and  cannot  be  collaterally  attack<*d  or  questioned.  February 
fl,   1906;    Report  for  1899-1900,  pp.   102-1  05. 

T.  S.  Smith  to  Governor  J.  I).  Sayers. 

References: 

Kimbrough  v.  Barnett:    Supreme  Court. 

93  Tex.  309. 

55  S.  W.  120—. 
Col.   8656. 

Position  of  trustee  of  independent  school  district   is  within  defini- 
tion of  "office"  whether  there  is  salary  attached  or  net 


37- 


578  University  of  Texas  Bulletin 

Green:      Complete  Texas  Digest. 
Col  10039. 

Act  of  March  30,  1899,  so  far  as  it  relates  to  election  of  trustees 
in  independent  school  district  and  fixes  term  of  office,  is  void,  as 
conflicting   with   constitutional   limitation   of  term  to   two  years. 

Regents  Have  Authority  to  Purchase  Additional  Grounds.      July  6, 
1901;    Record  in,  p.  281 

C.  K.  Bell  to  T.  S.  Henderson,  Chairman  of  the  Board  of  Regents. 

I  am  In  receipt  of  a  communication  from  yourself  bearing  date 
July  1,  1901,  in  which  you  ask  for  ....  the  official  opinion 
of  the  Attorney  General  .  .  .  .  as  to  whether  the  Board  of  Re- 
gents of  the  ....  University  ....  have  authority  to  acquire 
by  purchase  additional  land  for  University  purposes — as,  for  in- 
stance, the  purchase  of  additional  grounds  on  which  to  erect  a 
gymnasium,  and  establish  an  athletic  field  for  practice  and  instruc- 
tion in  physical  culture  for  the  students  of  the  University, — and 
in  reply  I  beg  leave  to  answer: 

Article  3843  of  the  Revised  Statutes  provides  that  the  govern- 
ment of  the  University  shall  be  vested  in  a  board  of  eight  Regents, 
and  Article  3846  provides  that  they  (the  Regents)  shall  establish 
the  departments  of  a  first-class  University,  etc. 

Undoubtedly  this  provision  of  the  law  authorizes  the  Board  of 
Regents  to  take  such  steps  and  make  such  purchases  as  may  be 
necessary  to  establish  the  department  of  a  first-class  University;  and 
the  question  as  to  whether  or  not  a  gymnasium  and  an  athletic  field 
is  necessary  department  of  a  first-class  University,  is  entirely  a 
question  for  the  determination  of  the  Regents.  Their  determina- 
tion in  the  matter  is  not  subject  to  be  reviewed  by  any  other  body. 

I  therefore  give  it  as  the  official  opinion  of  the  Attorney  General's 
Department  that  the  Board  of  Regents  would  have  the  power  and 
authority  to  make  the  purchase  inquired  about. 

Mineral  Survey  Information  May  Not  he  Divulged  Except  in  Annual 
Report.     January  6,  1902;  Vol.  19,  pp.  44-47 

C.  K.  Bell  to  President  W.   L.   Prather  for  Director  W.   B.   Phillips 

of   the   Mineral   Survey. 

[The  following  questions  having  been  asked  by  Director  Phillips 
concerning  Section  3  of  H.  B.  135,  p.,  32  of  the  General  Laws  of 
the  27th  Legislature:  1.  Can  information  gathered  by  the  Sur- 
vey be  used  in  public  lectures  or  2.  Communicated  to  scientific  or 
popular   journals,   magazines   and   papers?] 

The   opinion    is   expressed   that   it   is  not   permissible   for   persons 


A  Source  Book  of  the  University  of  Texas  579 

connected  with  the  Survey  to  use  the  information  gathered  by  the 
Survey  prior  to  its  annual  publication  for  free  distribution  among 
the  people  of  the  State  [even  in  giving  instruction  to  students  in 
University  classes]  provided  the  information  was  obtained  by  a 
survey  of  the  public  school,  University,  asylum  or  State  lands.  [In- 
formation obtained  in  any  other  way  may  be  used  at  any  time.] 

Unless  there  is  a  Deficiency,  in  the  Revenue,  a  State  Bond  May  Not 

be  Issued  to  Provide  an  Investment  for  the  Permanent 

University  Fund.     February  14,  1902,  Vol. 

19,  pp.  84-85.      Also  Tenth    Biennial 

Report  of  Regents,  p.  105 

C.  K.  Bell  to  Governor  J.  D.  Sayers. 

If,  however,  it  was  the  intention  of  the  law-makers  to  provide 
a  method  of  investing  the  permanent  University  fund  by  creating 
a  State  debt  for  that  purpose  in  the  absence  of  a  deficiency  in  the 
revenue,  their  action  would  be  in  violation  of  Sec.  49  of  Art.  Ill  of 
the    Constitution    already   quoted. 

Board  of  Regents  clothed  with  authority  to  make  necessary  repairs 
to  auditorium  roof,  the  same  tfo  be  paid  out  of  the  appropriation 
for  maintenance  of  institution.  Intention  of  Legislature  to  give 
broad  discretion  to  board  of  regents.  Not  applicable  to  other 
StatV  institutions  having  no  available  fund.  November  11,  1905, 
Report   of    1900-08.   pp.  253-258. 

R.   V.   Davidson  to  Comptroller  John  W.   Stephens. 

A  City  Attorney  is  Eligible  to  Appointment  as  a  Regent.     Deceml>er 
4,  1905;  Vol.  20,  pp.  387-380 

R.   V.   Davidson  to  Governor  S.  W.  T.   Lanham. 

"  ....  A  person  holding  the  office  of  city  attorney  of  a 
city  incorporated  under  a  special  charter  is  eligible  to  appointment 
as  a  member  of  the  Board  of  Regents  of  the  University  of  Texas 
.  .  .  .  there  is  no  prohibition,  constitutional  or  statutory,  against 
such   an  appointment. 

Section  40  of  Article  16  of  the  Constitution  is:  "No  person  shall 
hold  or  exercise  at  the  same  time,  more  than  one  civil  office  of  em- 
olument, except  that  of  justice  of  the  peace,  county  commissioner, 
notary  public,  and  postmaster,  unless  otherwise  specially  provided 
herein." 

....  Under  Article  3844  of  the  Revised  Statutes  .... 
Regents  hold  their  offices  for  eight  years   and     ....      if   this 


580  University  of  Texas  Bulletin 

is  a  "civil  office"     ....     the  term  thereof  conflicts  with  Section 

I   of   Article    16 Waiving  this   point      ....      and 

assuming  that     ....     Regents  are  public  officers     ....     they 
»re  not  civil  officers  of  emolument. 

[Cites  Article  3856  of  the  Revised  Statutes,  10  American  and  Eng. 
Cyc.  of  Law  1204.  Throop  on  Public  Offices,  p.,  428,  Sec.  441.] 
"I  am  of  the  opinion  that  t,he  question  is  free  from  doubt." — R.  V. 
Davidson. 

Appropriation    Bill    Considered    in    Connection    with    Anti-nepotism 

Bill.      Faculty  of  University  Not  Affected  by 

Act.     September  19,   1907;  Report 

of  1906-08,  pp.  600-602 

R.  V.  Davidson  to  President  D.  F.  Houston. 

Directors  of  the  A.  and  M.  are  Officers:     February  14,   1908; 
Vol.  22,  p.  121 

R.   V.   Davidson  to  Director  W.   P.   Sebastian  of  A.  and  M. 

[W.  P.  Sebastian  writes]  "I  am  one  of  the  Directors  of  the  A. 
and  M.  College,  and  I  desire  to  know  whether  or  not,  by  reason 
thereof,  I  am  disqualified  to  act  as  a  member  of  the  State  Executive 
Committee."  [The  Attorney  General  replies] :  "You  are  an  offi- 
cer of  the  State  and  therefore  disqualified  under  the  provisions  of 
Section  60  of  the  Terrell  Election  Law.  Said  section  provides  that 
no  one  who  holds  an  office  of  profit  or  trust  under  this  State  .... 
shall  act  as  Chairman  or  as  a  member  of  an  Executive  Committee. 
.  .  .  .  Directors  of  the  A.  and  M.  College  are  officers  within  the 
meaning  of  the  ....  Terrell  Election  Law.  .  .  .  ."  [The 
case  of  Hendricks  vs.  the  State,  20  Texas  Civil  Appeals,  179,  is 
cited.] 

A  bill  levying,  a  tax  of  2.70  cents  on  the  $100  of  taxable  values 
for  the  support  and  maintenance  of  the  University  and  1.70  cents 
for  the  A.  &  M.  would  be  constitutional.  February  9,  1911;  Vol. 
21.  pp.  170-179. 

Jewell  P.  Lightfoot,  by  James  D.  Walthall,  to  Representative  T.  D. 
Rowell. 

"1st.  The  bill  would  not  in  any  way  conflict  with  the  Constitu- 
tion. Direct  authority  is  conferred  upon  the  Legislature  by  the 
Constitution  to  levy  just  such  a  tax." 

"2nd it   is   equally    clear   that  the    bill,    if    enacted, 

would   not  affect  the  free   school  tax      ....      The   only  consti- 


A  Source  Book  of  the  University  of  Texas  581 

tutional   provisions  which  could  have  any  bearing      ....      are 

Section    4  8    of   Article    3 Section    3    of   Article    7    and 

Section  9  of  Article  8."  [Section  3  provides  that  the  school  tax 
shall  not  exceed  20  cents,  Section  9  that  the  State  tax  "exclusive  of 
the  tax  necessary  to  pay  the  public  debt  and  the  taxes  provided 
for  the  benefit  of  public  free  schools,  shall  never  exceed  3  5  cents."] 
"Section  3  of  Article  7,  which  contains  the  limitation  of  20  cents 
deals  exclusively  with  the  tax  for  the  benefit  of  the  pub- 
lic free  schools  and  has  no  application  to  the  tax  for  the  benefit  of 
the    University    and    A.    and    M.    College."       It    is    true  '. 

the  legislature  is  given  authority  ....  [by  Section  48  of 
Article  3]  to  levy  taxes  for  the  support  of  public  schools  ["in 
which  shall  be  included  colleges  and  universities  established  by  the 
State;  and  the  maintenance  of  the  A.  and  M.  College  of  Texas"] 
"but  coupling  these  three  subjects  together  in  this  manner  does 
not  make  the  limitation  of  20  cents  ....  for  public  free 
school  purposes  ....  applicable  to  the  University  and  A. 
and  M.  College"  [Section  48  of  Article  3  means]  that  the  Legisla- 
ture, in  addition  to  the  power  to  levy  taxes  for  the  support  of  the 
public  schools  shall  also  have  the  power  to  levy  a  tax  for  the 
benefit  of  the  University  and  A.  and  M.  College  ....  "There 
Is  another  provision  [in  Section  3  of  Article  7]  which  makes  it 
clear  that  it  has  no  application  to  the  University  and  A.  and  M. 
College  ....  Would  any  one  suppose  that  the  framers  of 
the  Constitution  were  trying  to  provide  in  this  section  for  a  six 
months  school  term  for  the  University  and  A.  and  M.  College? 
Besides  this  ....  there  is  set  apart  for  the  public  free 
schools  one  'ourth  of  ...  .  the  State  occupation  taxes  and 
a  poll  tax  of  one  dollar  ....  and  no  part  of  these  funds 
has  ever  accrued  to  either  the  University  or  the  A.  and  M.  College. 

The  whole  history  of  public  education   in   this  State 

shows  conclusively  that  the  University  and  A.  and  M.  College  have 
never  been  regarded  as  a  part  of  the  public  free  schools.  .  . 
.  .  Article  7  of  the  Constitution  deals  with  ....  Public 
Education.  Sections  2  to  8  cover  ....  public  free  schools; 
Sections  10  to  15  apply  to  the  University  and  A.  and  M.  College.  . 
The  same  policy  has  been  carried  out  in  the  Statutes.  The 
Legislature  has  always  dealt  separately  with  these  subjects  .  . 
.  .  the  legislature  directed  that  the  fund  derived  from  the  tax 
of  20  cents  ....  shall  be  apportioned  ....  to  the 
several  counties  ....  according  to  the  scholastic  popula- 
tion of  each.  This  demonstrates  conclusively  that  the  Legislature 
never  thought  that  any  part  of  these  taxes  should  be  given  to  the 
University  or  to  the  A.  and  M.  College  and  no  part  of  it  ever  has 
been  so   devoted.      This  legislative  construction  of  the  Constitution 


582  University  of  Texas  Bulletin 

is  ...  .  entitled  to  great  weight.  ....  The  limitation 
upon  the  taxes  for  the  benefit  of  the  University  and  A.  and  M.  Col- 
lege is  found  in  Section  9  of  Article  8  of  the  Constitution  and  this 
tax  cannot,  together  with  all  other  State  taxes,  exclusive  of  the  tax 
necessary  to  pay  the  public  debt  and  the  taxes  provided  for  the 
public  free  schools,  exceed  35  cents  on  the  one  hundred  dollars  valu- 
ation. 

A  Public  Officer  in  this  State  Can  Not  at  the  Same  Time  Hold  a 
Position  of  One  of  the  Professors  in  the  University  of  Texas. 
This  Opinion  Holds  that  Hon.  Will  H.  Mayes  AVhile  Lieut.  Gov- 
ernor of  Texas  Can  Not  Accept  the  Position  of  Professor  of 
Journalism  in  the  University.  (Sec.  40,  Sec.  16  of  Art.  16  of 
Constitution.)  September  22,  1913;  Report  for  1912-14,  pp. 
873-882. 

B.    F.   Looney   to   Board  of   Regents   of   the   University  of   Texas: 

Article  2723  of  the  Revised  Statutes  requiring  the  Comptroller  to 
set  aside  annually  from  the  proceeds  of  the  permanent  fund  of 
the  State  University  the  sum  of  $6,000  for  use  of  the  Prairie 
View  Stfate  Normal  is  ineffective  and  the  Comptroller  will  not  be 
authorized  to  follow  same.  November  21,  1913;  Vol.  33,  pp. 
254-258. 

V 

B.   P.  Looney  to  Hon.  E.  B.   Cushing,  President  Board  of  Directors 

of  A.  and  M.  College. 

Section  4  of  the  act  of  April  19,  A.  D.  187  9,  provided  for  the  or- 
ganization and  support  of  a  normal  school  at  Prairie  View  (for- 
merly called  Alta  Vista)  in  Waller  County  for  the  preparation  and 
training  of  colored  teachers. 


We  are  not  advised  as  to  whether  this  school  was  organized  and 
commenced  operation  during  the  year  1879,  but  if  it  was,  the  funds 
expended  during  the  years  1879  and  1880  were  expended  under 
the  provisions  of  that  bill.  It  will  be  noted  that  this  article  pro- 
vided that  the  comptroller  can  set  apart  out  of  the  interest  accuring 
from  the  university  fund  appropriated  for  the  support  of  public 
free  school.  Paragraph  two  of  section  11  article  7  of  the  consti- 
tution of  this  State  dealing  with  the  revenue  arising  from  the  per- 
manent funds  of  the  university  [provides]  ....  that  before 
the  interest  accruing  upon  the  permanent  university  fund  can  be 
used  it  must  be  made  available  by  an  appropriation  of  the  legis- 
lature. 

We  are  of  the  opinion  that  this  act  establishing  the  Prairie  View 


A  Sourct  Book  of  the  University  of  Texas  583 

Normal  in  providing  for  the  setting  aside  of  $6,000  of  the  Univer- 
sity fund,  was  to  that  extent  an  appropriation  of  such  an  amount 
for  the  use  of  that  institution  and  being  perpetual  or  unlimited 
appropriation  in  so  far  as  time  is  concerned,  could  be  held  valid 
for  only  two  years. 

Our  intrepretation  of  this  act  is  borne  out  by  the  legislative  con- 
struction placed  thereon  by  the  various  legislatures  subsequent  to 
the  16th  legislature,  which  enacted  the  law  under  discussion,  and 
will  trace  the  appropriations  made  for  the  support  of  the  Prairie 
View  Normal  through  various  years  since  its  institution. 

For  the  years  ending  1880  and  1881  no  appropriation  was  made 
other  than  in  the  act  as  above  quoted. 

For  the  years  ending  1881;  and  1883  there  was  appropriated  out 
of  the  university  fund  $6,000  for  each  year. 

For  the  years  ending  1884  and  1885  there  was  appropriated  in- 
clusive of  the  amount  appropriated  in  the  act  of  1879,  $7,500.00 
for  each  year. 

For  the  years  ending  1886  to  1893  there  was  appropriated  var- 
ious amounts  out  of  the  available  public  free  school  funds  and  other 
amounts  out  of  the  general  revenue. 

Beginning  with  the  year  ending  1894  and  down  to  the  present 
date  there  has  been  appropriated  for  the  support  of  the  Prairie 
View  Normal  various  amounts,  all  of  which  are  to  be  paid  from  the 
general  revenue. 

We  think  it  clear  from  a  careful  consideration  of  all  of  the  ap- 
propriation bills  enacted  by  the  various  Legislatures  since  1879 
that  it  is  manifestly  the  intention  of  the  Legislators  to  treat  this 
act  as  an  appropriation  and  in  that  particular  that  it  lapsed  at  the 
end  of  two  years  and  each  subsequent  Legislature  has  made  ap- 
propriations for  the  support  of  the  institution,  all  of  which  bears 
out  our  contention  that  in  so  far  as  this  act  makes  an  appropria- 
tion for  the  support  of  the  institution  it  lapsed  at  the  end  of  two 
years,  and  there  is  no  obligation  upon  the  Comptroller,  in  fact 
he  has  no  legal  authority  to  set  aside  from  the  university  fund 
$6,000  or  any  other  amount  to  be  expended  by  the  Prairie  View 
Normal. 

Again,  during  the  early  period  of  the  existence  of  Prairie  View 
Normal  appropriation  bills  making  available  the  interest  from  the 
university  funds  excepted  therefrom  all  other  appropriations  made 
to  be  deducted  from  these  funds,  but  the  subsequent  appropriations 
made  from  the  Prairie  View  Normal  making  no  mention  that  such 
appropriations  were  to  be  taken  from  the  university  funds  made 
it  unnecessary  that  in  the  appropriation  for  the  university  such  ex- 
ception should  be  made,  and  therefore  when  the  Legislatures  in 
later  years  have  made  the  appropriation  of  the  available  fund  for 


584  /  )iir< rsity  of  Texas  Bulletin 

the  university  they  have  excepted  none  of  such  fund,  and  the  entire 
amount  has  been  appropriated  for  the  use  of  the  university,  and 
this  is  another  reason  in  support  of  our  proposition  that  the  Comp- 
troller would  be  without  authority  to  deduct  from  the  university 
any  portion  of  this  fund  and  apply  same  to  the  support  of  the  Prairie 
View  Normal. 

The  Provision  in  the  Appropriation  Bill  of  the  33rd  Legislature  Mak- 
ing an  Appropriation  of  the  Available  University  Funds  Which 
Directs  that  Maintenance,  Support  and  Direction  of  the  University 
Shall  Include  Repairs,  Extensions,  Improvements  and  Buildings, 
Would  Preclude  the  Payment  for  Repairs  and  Improvements  Out 
of  t*ie  Appropriation  of  $658,300.00  from  the  General  Revenue 
for  the  Maintenance,  Support  and  Direction  of  the  University. 
March  28,  1914;   Vol.  36,  pp.  150-155. 

B.  F.  Looney  to  President  S.  E.  Mezes,  University  of  Texas: 


Had  the  words  "including  repairs,  extensions,  improvements  and 
buildings"  not  been  contained  in  the  appropriation  of  the  available 
fund,  then  there  could  be  no  contention  made  that  expenditures  for 
such  purposes,  other  than  for  buildings  which  are  forbidden  by  the 
Constitution  to  be  made  from  the  general  revenue,  could  have  been 
made  from  either  of  such  appropriations,  but  the  fact  that  the 
framers  of  this  law  saw  fit  to  incorporate  such  purposes  within  the 
appropriation  of  the  available  funds  is  conclusive  in  our  minds  that 
it  was  the  intention  and  purpose  of  the  Legislature  in  the  enact- 
ment of  these  two  provisions  that  all  expenditures  of  this  character 
should  be  paid  from  the  available  fund  and  not  from  that  appro- 
priated from  the  general  fund. 

The  suggestion  made  by  you  in  your  discussion  that  the  words 
"repairs,  extensions,  improvements  and  buildings"  are  in  a  sense  a 
definition  of  the  words  "maintenance,  support  and  direction"  could 
be  applied  to  the  identical  words  in  the  clause  making  an  appro- 
priation from  the  general  revenue,  is  a  forceful  one,  but  reading 
the  two  provisions  together  we  do  not  see  our  way  clear  to  agree 
with  you  in  this  construction  of  the  statute,  for  if  such  could  be 
done  if  would  in  effect  read  into  that  provision  of  the  appropriation 
from  the  general  revenue  that  such  appropriation  was  supple- 
mental to  the  appropriation  from  the  available  fund,  which  under 
the  peculiar  reading  of  the  act  and  from  the  further  fact  that  ap- 
propriations for  buildings  are  prohibited  by  the  constitution,  is 
clearly  not  the  case. 


Were  any  other  construction  to  be  put  upon  the  language  of  this 
act  than  that  placed  thereon  by  us  then  the  unlimited  expenditure 


.i  Source  Book  of  the  University  of  Texas 

from  the  appropriation  from  the  general  fund  would  be  warranted 
in  all  of  such  matters  other  than  for  buildings,  and  to  such  an  ex- 
tent as  to  reduce  the  appropriation  from  the  general  fund  to  an 
amount  which  would  be  insufficient  to  pay  the  salaries  of  the  neces- 
sary instructors  of  the  schools,  and  thereby  we  think  the  consti- 
tutional mandate,  as  well  as  the  manifest  intention  of  the  Legisla- 
ture to  maintain  the  University,  would  be  defeated. 

You  state  in  your  communication  that  you  are  under  the  impres- 
sion that  former  administrations  of  this  department  have  made  rul- 
ings contrary  to  that  expressed  herein.  I  have  made  search  of  the 
opinions  on  file  in  this  department  but  have  failed  to  discover  any 
opinion  upon  this  subject,  and  the  opinion  mentioned  by  you  to  Dr. 
Houston  under  date  of  November  11,  1905,  is  not  in  point  in  this 
particular  case  except  that  the  appropriation  bill  under  discussion 
in  that  opinion  contained  the  identical  language  used  in  the  appro- 
priation by  the  3  3rd  Legislature,  to-wit:  "'For  the  maintenance, 
support  and  direction  of  the  University  of  Texas  including  repairs, 
extensions,  improvements  and  buildings."  The  expenditure  in  that 
case  was  for  repairs  on  the  roofs  of  the  University  buildings,  which 
amount  was  sought  to  be  liquidated  by  a  warrant  drawn  against  the 
available  fund,  and  no  attempt  was  made  to  have  same  paid  out  of  the 
appropriation  from  the  general  revenue.  The  department  held  that 
the  Board  of  Regents  had  authority  to  have  the  repairs  made  and 
that  same  should  be  paid  from  the  available  fund. 


The  Proviso  in  Which  is  Included  the  Direction  .Mad*-  by'  the  Leg- 
islature to  the  lioard  to  Expend  $65,000  for  the  Erection  of  a 
Nurses'  Home  is  a  Limitation  on  the  Otherwise  Genera]  Discretion 
(oven  the  Doard  of  Regents  and  that  the  lioard  Would  not  be 
Authorized  to  Use  the  Funds  in  Excess  of  that  Amount  for  the 
Purpose  Named.     March  30,   1914;   Vol  36,  pp.   160-163. 

B.  F.  Looney  to  Regent  J.  W.  Graham: 


The  language  of  the  Legislature,  in  making  this  appropriation,  is 
as  follows: 

"For  the  maintenance,  support  and  direction  of  the  University 
of  Texas,  including  the  Medical  Department  at  Galveston,  includ- 
ing repairs,  extensions,  improvements  and  buildings  for  the  years 
beginning  September  1,  1913,  and  ending  August  31,  1915;  all  the 
available  University  funds,  including  interest  from  its  bonds,  land 
notes,  endowments  and  donations,  all  gifts  and  fees  collected  and 
all  receipts  whatsoever  from  any  source. 

"Provided,  however,  that  the  Board  of  Regents  of  the  University 
of  Texas  shall  set  aside  and  appropriate  out  of  the  income  from  the 


586  University  of  Texas  Bulletin 

permanent  University  fund  the  sum  of  $65,000.00,  to  be  expended 
by  said  Board  of  Regents  for  the  erection  of  a  nurses'  home  in  con- 
nection with  the  John  Scaly  Hospital  at  Galveston,  Texas." 

It  is  our  opinion  that  the  proviso,  in  which  is  included  the  direc- 
tion made  by  the  Legislature  to  the  Board  to  expend  $65,000.00  for 
the  erection  of  a  nurse's  home,  is  a  limitation  on  the  otherwise 
general  discretion  given  the  Board  of  Regents  and  that  the  Board 
would  not  be  authorized  to  use  the  funds  in  excess  of  that  amount 
for  the  purpose  named. 

Any  other  construction  of  this  proviso  would  render  it  meaning- 
less, because  if  it  is  not  a  limitation  upon  the  authority  of  the  Board 
with  reference  to  the  amount  to  be  expended  for  a  nurses'  home, 
it  serves  no  purpose,  in  this,  under  the  terms  of  the  preceding 
paragraph  the  Board  was  given  the  unlimited  and  uncontrolled 
power  to  expend  the  sum  appropriated  for  the  maintenance,  support 
and  direction  of  the  University  of  Texas,  which,  but  for  the  proviso, 
would  authorize  the  Board  to  use  the  money  for  one  or  all  the  pur- 
poses stated  within  their  discretion,  hence,  if  in  spite  of  the  proviso 
they  still  have  this  authority,  the  proviso  is  without  effect  and 
meaningless. 

The  correctness  of  this  construction  is  amply  sustained  by  the 
decision  of  the  Court  of  Civil  Appeals  in  the  case  of  the  State  vs. 
Haldeman,  163  S.  W.  1020. 

Teacher   Appointment     Committee   is     Not  a     Private     Employment 

Agency,  and  is  Not  Subject  to  Ch.  108  of  the  Acts  of  iflie 

Thirty-f ourth  Legislature,  Regular  Session.     July 

16,  1915;    Vol.  45,  pp.  253-256 

B.    F.   Looney   to   Acting   President    \V.    J.    Battle. 


The  University  of  Texas  is  essentially  a  part  of  the  State  Govern- 
ment and  its  every  activity  is  of  a  public  nature,  is  governmental 
and  is  in  no  sense  of  a  private  or  personal  nature.  This  particular 
department  of  the  University  work,  that  is,  the  creation  of  a  com- 
mittee to  act  as  intermediary  between  students  of  the  University 
and  the  various  school  authorities  desiring  competent  teachers, 
seems  to  have  evolved  from  the  very  necessities  and  proprieties  of 
the  situation,  and  wras  evidently  in  response  to  a  demand  for  the  ex- 
tension to  the  general  public  of  the  benefits  of  University  edu- 
cation beyond  the  mere  acquisition  of  knowledge  on  the  part  of  its 
students. 

The  Thirty-fourth  Legislature,  in  its  appropriation  for  the  sup- 
port   and    maintenance    of    the    University,    recognized    the    benefits 


A  Source  Book  of  the  University  of  Texas  581 

of  the  work  of  this  Committee  and  its  public  nature  by  making  a 
special  appropriation  for  its  support  as  a  part  of  the  general  ap- 
propriation for  the  support  and  maintenance  of  the  University.  I 
find  the  following  item  among  the  items  for  current  expenses  for 
the  Main  University:  $900.00  for  each  of  the  two  years  1916-1'.' IT, 
for  "Committee  on  Teachers." 

The  situation  may  be  simplified  by  stating  that  the  State  of  Texas, 
through  its  Teachers'  Appointment  Committee,  undertakes,  under 
the  terms  of  its  operation,  to  bring  those  students  who  desire  to 
teach  in  touch  with  school  authorities  who  desire  the  services  of 
teachers.  This  work  is  public.  It  is  governmental  in  its  nature, 
and  not  for  private  profit.  It  is  limited  in  its  scope,  in  that  its  work 
is  confined  to  the  giving  of  aid  to  students  of  the  University,  and  is 
in  no  sense  an  agency  serving  the  general  public. 


It  will  be  seen  that  the  Act  applies  to  persons,  firms  and  corpora- 
tions who  operate  a  private  employment  agency  for  hire.  A  pri- 
vate employment  agency  comprehended  by  this  Act  is  one  for  private 
profit,  serving,  generally,  persons  in  whatever  avenue  or  activity  of 
life,  who  may  seek  employment  and  can  have  no  application  what- 
ever to  an  arm  of  the  State  Government  such  as  the  Teachers'  Ap- 
pointment Committee  of  the  University. 

It  will  be  seen  further  that  a  license  fee  of  $25.00  per  annum  is 
required  to  be  paid  and  a  license  is  required  to  be  issued  as  au- 
thority for  any  person,  firm  or  corporation  to  pursue  the  business 
of  a  private  employment  agency. 

If  the  Teachers'  Appointment  Committee  of  the  University  is 
compelled  to  pay  this  license  fee,  we  have  the  rather  absurd  pro- 
cedure of  the  State  appropriating  money  to  this  Committee  to  be 
paid  to  the  Commissioner  of  Labor  Statistics  for  a  license  to  be 
authorized  to  act  at  all,  and  the  money  in  turn  to  be  paid  by  the 
Commissioner  of  Labor  Statistics  back  into  the  Treasury.  Cer- 
tainty, such  useless  and  needless  circumlocution  was  never  con- 
templated. 

The  Regents  Have  Tower  to  Make  Changes  Within  the  Total  of  the 
Appropriation  Bill.     July  26,  1!M.~>;   Letter  Book,   1X<»,  p.  KT7 

B.  F.  Looney  to  Acting  President   W.  J.    Battle. 

lln    reply   to    your   letter   which    reads   as    follows]: 

'"I  beg  to  ask  your  interpretation  of  the  following  proviso  in  the 

University    appropriation    bill    for   the    next    biennium: 


588     ■  University  of  Texas  Bulletin 

"  'For  the  maintenance,  support,  and  direction  of  the  University 
of  Texas,  including  the  Medical  Department  at  Galveston,  for  the 
two  years  beginning  September  1,  1915,  and  ending  August  31, 
1917,  from  th-e  general  revenue,  with  such  changes  and  substitu- 
tions within  the  total  of  the  following  items  for  the  University  as 
the  Regents  may  find  necessary." 

"The  Board  of  Regents  have  understood  that  this  proviso  con- 
fers the  power  to  make  changes  and  substitutions  within  the  limits 
of  the  total  yearly  appropriation  of  $711,682.16.  Is  this  view  cor- 
rect?     I  submit  that  it  is,   for  the  following  reasons: 

"(1)  The  intent  of  the  proviso  is  undoubtedly  to  give  the  Board 
the  power  to  use  the  appropriation  as  they  deem  most  to  the  ad- 
vantage of  the  University.  To  limit  the  permission  to  make  changes 
and  substitutions  to  subdivisions  of  the  appropriation  would  se- 
riously curtail  it,  and   in   so   far   defeat  its  purpose. 

"(2)  The  construction  of  the  subdivisions  is  so  careless  as  to 
show  that  they  were  made  only  for  convenience,  and  not  from  any 
wish  to  determine  the  limits  of  expenditure  for  various  purposes. 

"(3)  The  use  of  the  word  total  in  the  singular  instead  of  in 
the  plural  looks  to  the  whole  yearly  appropriation  instead  of  to  its 
several   subdivisions. 

"(4)  Heretofore  appropriations  for  the  University  have  been 
in  an  unrestricted  yearly  sum,  which  the  Regents  were  authorized 
to  expend  at  their  discretion.  The  insertion  of  the  proviso  in  ques- 
tion in  this  year's  itemized  bill  would  seem  to  be  to  preserve  to  the 
Board  the  power  hitherto  exercised. 

"(5)  It  is  hard  to  see  that  any  good  whatever  would  be  ac- 
complished by  restricting  the  power  to  make  changes  to  the  subdi- 
visions of  the  appropriation. 

"(6)  If  the  power  to  make  changes  is  restricted  to  the  subdi- 
visions of  the  appropriation,  it  will  not  only  hamper  the  Board  in 
the  exercise  of  their  discretion,  but  will  involve  vexatious  and  use- 
less bookkeeping  complications  in  the  office  of  the  Comptroller  and 
of  the  University  Auditor." 

I  agree  with  the  construction  you  have  placed  upon  the  language 
of  the  appropriation  bill,  and  believe  your  analysis  is  as  satisfac- 
tory, if  not  more  so,  than  any  anlysis  that  I  could  write,  and  hence 
I  adopt  the  same  and  beg  to  concur  in  your  conclusions. 


The  Board  of  Regents  of  the  University  of  Texas  when  Con- 
tracting for  the  Construction  of  a  Building  May  Take  Into  Con- 
sideration Notf  Only  the  Amount  of  Money  on  Hand  to  the  Credit 
of  the  Available  University  Fund,  but  may  also  Consider  the 
Amount  of  Money  that  Will  be  Received  for  the  Credit  of  said 
Fund  on  and  before  August  31,  1917,  and  End  of  the  Appro- 
priation year. 


A  Source  Book  of  the  University  of  Texas  ~>v» 

2.  By  the  Terms  of  Section  1,  Chapter  22,  Acts  First  Called  Ses- 
sion of  the  33rd  Legislature  Certain  Limitations-  are  Placed  Upon 
the  Right  of  the  Regents  of  the  University  to  Contract  for  the  Erec 
tion  of  Buildings.  Such  Buildings  Must  be  Authorized  by  Specific 
Legislative  Enactment  or  by  the  Written  Direction  of  the  Gov- 
ernor.    October  33,  1016;  Vol  4S,  pp.  JUi-249. 

Assistant  C.  A.  Sweeton  to  Regent  David  Harrell: 

We  are  of  the  opinion  that  the  Board  of  Regents  in  providing 
buildings  for  the  University,  may,  at  the  time  of  making  a  contract 
for  said  buildings,  take  into  consideration  not  only  the  amount  of 
money  on  hand  to  the  credit  of  the  Available  University  Fund,  but 
may  likewise  consider  the  amount  of  money  that  will  be  received 
from  all  sources  for  the  credit  of  said  fund  on  and  before  the  end  of 
the  appropriation  year,  to-wit:  August  31,  1917.  If,  therefore, 
the  amount  of  money  on  hand  plus  the  amount  that  will  be  re- 
ceived by  the  end  of  the  appropriation  period  will  be  sufficient  to 
cover  the  cost  of  the  erection  of  the  building  or  buildings,  the 
Board  would  be  authorized  to  make  the  contract  as  no  deficiency 
would  be  created. 

When  the  Legislature  makes  an  appropriation  of  the  Available 
University  Funds,  the  Regents  may  enter  into  contracts  authorized 
by  law,  payable  in  anticipation  of  the  funds  going  to  make  up  the 
Available  University  Fund  being  paid  and  made  available  by  the 
appropriation,  and  such  contracts  do  not  constitute  a  creation  of  a 
debt  or  a  deficiency. 


It  will  be  observed  that  [Chap.  22,  Sec.  1,  Acts  of  First  Called 
Session  of  33d  Legislature]  prohibits  the  regents  from  contracting 
or  providing  for  the  erection  of  any  building,  unless  the  same  be 
authorized  by  specific  legislative  enactment  or  by  written  direction 
of  the  Governor.  Inasmuch  as  there  is  no  specific  legislative 
enactment  providing  for  the  erection  of  the  building  for  which  the 
Board  desires  to  make  a  contract,  we  would  respectfully  suggest  that 
it  would  be  necessary  in  order  to  comply  with  the  terms  of  the  re- 
quirements of  said  Chapter  22  for  the  Board  to  obtain  the  written 
direction  of  the  Governor  authorizing  it  to  enter  into  a  contract  for 
such  purpose. 


A  foreign  born  resident  of  the  United  States  who  has  morel)  de- 
clared his  intention  to  become  a  citizen,  hut  whose  naturaliza- 
tion  has   not  been  completed    is   an    "alien." 

There  is  nothing  in  the  treaties  between  the  United  Stales  and 
the  countries  named  which  conflicts  with  the  right  of  the  Board 
of  Regents  to  remove  any  of  the  professors  named  because  thej 
are  aliens. 


590  University  of  Texas  Bulletin 

3.  The  right  <>f  public  employment  is  not  one  of  the  rights  pro- 
tected under  the  privilege,  immunity,  equal  protection  and  due 
process  clauses  of  the  Constitution  of  the  United  States  so  far 
as  aliens  are  concerned. 

5.  The  professors  named  are  aliens  and  may  lawfully  he  removed 
by  the  Board  for  that  reason  if  the  Board  concludes  that  the 
interest  of  the  University  shall  require  it. 

5.      Procedure  of  Removal  discussed. 

May  9,  1917,  Vol.  49,  pp.  245-254 

Asistant  C.  M.  Cureton  to  President  R.  E.  Vinson. 

Your  letter  requesting  an  opinion  of  the  Attorney  General  reads 
substantially  as  follows: 

"At  the  last  meeting  of  the  Board  of  Regents  of  the  University 
of  Texas,  on  April  24,  the  following  resolution  was  unanimously 
passed,  viz.:  that  the  services  of  all  aliens  in  the  employ  of  the  Uni- 
versity be  terminated  at  once,  their  pay  to  continue  thirty  days. 
After  some  investigation,  I  have  discovered  in  the  University  the 
following  cases,  which  present  legal  problems  which  I  am  not  able 
to  solve,  and  upon  which  I  desire  your  ruling  at  your  earliest  pos- 
sible convenience. 

"(1)  Miss  Lilia  Mary  Casis  was  born  in  Jamaica,  and  has  been  a 
British  subject,  but  took  out  her  first  papers  for  naturalization  as 
an  American  citizen  in  November,  1913.  She  has  not  yet  carried 
this  original  intention  into  full  effect. 

"(2)  Dr.  James  Edwin  Thompson  was  born  in  England;  has 
been  a  British  subject;  took  out  his  first  papers  in  1895,  according 
to  the  certified  statement  attached  hereto;  has  paid  his  poll  tax 
regularly  since  that  date  and  voted  at  every  election,  up  to  and  in- 
cluding the  one  for  1916,  and  has  voted  at  all  elections  since  the  first 
of  January,  1917.  He  has  made  application  for  full  citizenship  in 
the  United  States,  and  his  petition  will  be  acted  upon  by  the  District 
Court  in  Galveston  sometime  during  November,  1917.  Dr.  Thomp- 
son has  held  a  commission  as  first  lieutenant  in  the  Medical  Re- 
serve Corps  of  the  United  States  Navy  since  April,  1912,  and  within 
the  last  few  weeks  has  been  advanced  to  the  rank  of  major  in  the 
same  organization. 

"(3)  Mr.  Charles  Knizek  was  born  in  Bohemia;  came  to  America 
in  1909;  took  out  his  first  naturalization  papers  in  1911;  has  filed 
his  application  for  second  papers,  which  will  be  acted  upon  in  June, 
next. 

"(4)  Mr.  Jacob  Anton  de  Haas  was  born  in  Holland;  came  to 
America  in  1904;  took  out  his  first  papers  in  1904;  made  applica- 
tion for  his  second  papers  in  1914,  but  action  thereon  was  postponed 
because  his  witnesses  had   all  removed  to  Europe  at  the  outbreak 


A  Source  Book  of  the  University  of  Texas  59] 

of  the  war.  In  December,  1916,  after  one  year's  residence  in  Texas, 
he  filed  renewed  application  for  final  papers,  which  will  be  passed 
upon  June,  next. 

"(5)  Mr.  Karl  Friedrich  Muenzinger  was  born  in  Germany,  with 
last  foreign  residence  in  Switzerland;  took  out  his  first  papers,  ac- 
cording to  exhibit  hereto  attached,  in  1906.  He  has  not  completed 
this  naturalization,  on  account  of  the  fact  that  as  a  student  he  has 
removed  from  one  institution  to  another  until  his  appointment  as 
an  instructor  in  the  University  of  Texas,  his  year  of  residence  here 
not  having  terminated  at  the  outbreak  of  the  European  war.  I 
understand  that  his  original  papers  have  lapsed. 

"Will  you  be  kind  enough  to  certify  to  me,  at  your  earliest  con- 
venience, your  opinion  as  to  the  citizenship  status  of  each  of  the  in- 
dividuals above  referred  to,  in  order  that  I  may  earfy  into  effect 
the  rulings  of  the  Board  of  Regents?  Further,  will  you  be  kind 
enough  to  indicate  to  me  whether  the  ruling  of  the  Board  of  Regents 
as  above  given  can  be  legally  put  into  effect  in  the  light  of  certain 
possible  treaties  into  which  the  United  States  Government  may  have 
entered  with  foreign  powers?" 

The  question  presented  is  not  one  with  reference  to  citizens  of 
the  countries  with  whic*h  the  United  States  is  at  war  and  there- 
fore to  be  qualified  and  whose  rights  are  to  be  ascertained  under  the 
classification  of  "resident  alien  enemies,"  but  your  letter  shows 
that  the  parties  named  are  subjects  of  various  countries  with  most 
of  which  the  United  States  is  at  peace.  The  question  to  be  con- 
sidered, therefore,  is  with  reference  to  the  parties  named  as 
"aliens"  from  the  several  countries  named. 

We  have  examined  the  treaties  existing  between  the  United  States 
and  the  various  sovereigns  of  which  those  named  in  your  letter  are 
subjects  and  find  no  provision  in  any  of  them  with  which  the  resolu- 
tion of  the  board  of  regents  is  in  conflict.  The  right  of  public  em- 
ployment is  not  one  of  the  rights  protected  in  any  of  the  treaties 
referred  to,  nor  is  its  denial  within  the  inhibitory  provisions  of  the 
constitution  of  the  United  States  relating  to  privileges  and  Immun- 
ities, nor  is  such  a  right  protected  by  the  equal  protection  or  due 
process  clause  of  the  14th  Amendment  to  the  Constitution  of  the 
United  States. 

The  salary  of  university  professors  are  paid  by  appropriation  out 
of  the  treasury  of  the  State  from  funds  raised  by  taxation.  On  the 
whole,  we  have  therefore  concluded,  that  a  professor  in  the  uni- 
versity is  engaged  in  a  public  employment  by  the  State.  It  has 
been  authoritatively  settled  by  a  recent  opinion  of  the  Supreme 
Court  of  the  United  States  that  the  right  of  public  employment 
by  a  State  may  be  denied  an  alien. 

Heim  vs.  McCall    239  U.  S.  p.  17r>,  et  seq. 


592  University  of  Texas  Bulletin 

It  is  true  there  is  no  statute  in  this  State  denying  public  em- 
ployment to  aliens,  nor  is  there  one  creating  such  a  right.  How- 
ever, to  the  board  of  regents  of  the  university  is  confided  the  au- 
thority to  detfM-mine  who  shall  be  employed  as  professors  in  the 
university. 


The  board  of  regents,  therefore,  are  at  liberty  to  decline  to  em- 
ploy an  alien  as  a  professor,  if  they  so  desire.  It  is  a  matter  within 
their  discretion  as  public  officers  of  the  State. 

When  the  board  concludes  that  the  interest  of  the  university  re- 
quires the  removal  of  a  professor  because  he  is  an  alien,  it  has 
authority  to  remove  him. 

The  statute  does  not  undertake  to  regulate  the  procedure  nec- 
essary for  removal,  but  it  is  elementary  that  such  a  board  cannot 
arbitrarily  exercise  this  statutory  power,  but  must  act  with  discre- 
tion and  judgment  and  take  all  necessary  steps  to  inform  itself  be- 
fore proceeding  to  consummate  the  removal. 

In  the  event  a  professor  is  employed  for  a  definite  term,  our 
opinion  is  that  although  he  may  be  removed  under  this  statute,  still 
he  should  be  given  a  notice  and  a  hearing  before  the  final  order 
removing  him  is  carried  into  effect.  When  the  order  of  removal 
Is  entered  by  the  board,  it.  should  be  upon  and  embrace  a  finding 
that  in  the  judgment  of  the  board  the  interest  of  the  university  re- 
quires the  removal  of  the  particular  professor  whose  case  is  before 
it  for  consideration. 

You  are  advised,  therefore,  that  the  professors  named  by  you  in 
your  letter  are  aliens,  and  may  be  lawfully  removed  by  the  Board 
for  the  sole  reason  that  they  are  aliens  if  the  board  concludes  in 
the  exercise  of  their  judgment  that  the  interest  of  the  university 
shall  require  it. 

Permit  me  to  say  in  conclusion  that  this  opinion  is  confined  purelj 
to  the  legal  questions  presented  and  that  the  writer  has  expressed 
no  opinion  as  to  the  public  policy  or  propriety  of  the  Board's  action 
— these  being  for  the  board  alone  and  concerning  which  the  Attor- 
ney General  has  no  authority  and  expresses  no  opinion. 

Veto  of  University  Appropriation.    June  9,  1917;  ATol.  51.  pp.  326-341 

B.  F.  Looney  to  President  Robert  E.  Vinson. 

I  have  your  letter  of  the  8th  instant,  wherein  you  say: 

"At    the   approaching    meeting    of   the    Board    of    Regents    of   the 

University,  to  be  held  on  June   11,   it  will  be  necessary  for  me  to 

submit   recommendations   as   to   the   conduct   of   the   institution   for 

the   session    of    1917-1918.      In    view    of   the   condition    of   the   Uni- 


A  Sourer  Book  of  the  University  of  Texas;  59.J 

versity  appropriation  as  contained  in  the  general  educational  bill 
as  finally  approved  by  the  Governor,  I  am  unable  to  determine  what 
funds  will  be  available  for  the  operation  of  the  University. 

"Will  you,  therefore,  kindly  advise  me  at  as  early  a  date  as  may 
be  possible  what  funds  under  the  bill  as  approved  by  the  Governor 
will  be  available  for  the  support  and  maintenance  of  the  University 
for  the  year  1917-1918." 

Herewith  I  will  give  you  my  views  on  the  subject  for  what  they 
may  be  worth. 

I 

I  am  of  the  opinion  that  the  total  sums  appropriated  for  the  sup- 
port, etc.,  of  the  University,  as  contained  on  Pages  27  of  House  Bill 
13,  have  not  been  vetoed. 

In  the  veto  "proclamation"  the  Governor  specifically  describes 
the  items  intended  to  be  vetoed  as  the  items  marked  with  "blue- 
pencil,"  on  pages  1  to  24,  inclusive,  of  the  Bill. 

The  Bill  as  approved  and  filed  by  the  Governor  (after  eliminating 
all  items  "blue-penciled")  down  to  and  including  page  27  thereof, 
reads  as  follows: 

[Here  quotes  Ch.  43,  General  Laws,  First  Called  Session,  Thirty- 
fifth  Legislature,  omitting  the  vetoed  items.] 

It  must  be  apparent  at  a  glance  that  the  Bill,  in  its  final  form, 
contains  all  the  language  necessary  to  make  appropriations  for  the 
support,  etc.,  of  the  University  in  total  amounts,  as  follows: 

"School    of    Mines $    26,r>00.00  $    27,477.00 

Medical   Branch 98,755.00  98,755.00 

Main  University 719,698.50  710,198.50 

plus  "all  the  available  University  funds." 

In  making  appropriations  for  the  support  of  State  Institutions  it 
Is  not  at  all  necessary  for  the  same  to  be  itemized,  but  a  "lump 
sum"  appropriation  is  valid.  In  other  words,  the  Legislature,  in 
the  due  exercise  of  its  power,  might  have  given  the  Bill,  originally, 
the  form  in  which  we  now  find  it;  and  if  it  had  done  so,  and  the 
same  had  been  signed  and  filed  by  the  Governor  there  could  be  no 
doubt  as  to  the  competency  of  the  Bill  to  make  appropriations  in 
the  total  amounts  stated. 

The  only  source  of  information  to  which  reference  may  properly 
be  made  in  an  endeavor  to  limit  the  specific  terms  of  the  Bill  are 
(1)  the  veto  proclamation  of  the  Governor;  (2)  Laws  controlling 
appropriation  bills,  and  laws  in  pari  materia. 

If  the  language  of  the  veto  is  plain  it  must  be  given  literal  effect ; 
if  ambiguous,  doubts  must  be  resolved  in  harmony  with  the  legisla- 
tive intent  insofar  as  the  same  may  be  ascertained  Crom  the  entire 
subject  matter. 

38—227 


594  University  of  Texas  Bulletin 

In  entering  upon  an  examination  of  the  veto  message,  a  fact 
of  prime  importance  must  be  fixed  in  mind.  The  filing  of  the  veto 
proclamation  and  the  filing  of  the  Bill  as  signed  were  two  related 
acts:  (1)  contemporaneous;  (2)  concurrently  necessary  to  the  dis- 
position of  the  Bill.  The  two  acts,  to  be  concurrently  effective,  must 
be  harmonious;  consequently,  under  fundamental  rules,  they  must 
be  construed,  if  possible,  so  as  to  be  in  harmony  one  with  the 
other,  and  so  that  one  act  will  not  destroy  the  other  in  whole  or  in 
part.  Now  let  us  apply  this  idea  to  the  facts:  By  one  of  the  con- 
current, contemporaneous,  acts  the  Governor  filed  and  thereby  ap- 
proved, the  Bill  as  set  out  above  carrying  the  total  appropriations 
stated  for  each  of  the  two  years.  This  act  was  as  formal,  solemn  and 
final  as  the  filing  of  the  veto  proclamation.  Certainly  the  Governor 
meant  for  the  Bill  to  have  the  form  finally  given  it  by  him;  in  the 
absence  of  a  plain  statement  to  the  contrary  there  is  no  warrant 
for  saying  that,  in  giving  the  Bill  this  final  form,  he  did  something 
which  he  did  not  intend  to  do.  It  follows,  therefore,  that  the  other 
contemporaneous,  concurrent  act,  to-wit:  the  veto  should  be  con- 
strued, if  possible,  to  be  in  harmony  with  the  act  of  filing  the  Bill 
in  its  final  form. 

There  is  no  difficulty  in  reaching  such  a  construction  of  the  veto. 

As  stated  above,  the  veto  message  describes  the  items  intended  to 
be  vetoed  as  those  "blue-penciled"  on  pages  1  to  24,  inclusive,  of  the 
Bill  as  filed.  The  items  vetoed,  according  to  the  message  itself,  are 
those  "all  fully  described  in  House  Bill  13,  on  pages  1  to  24,  inclu- 
sive;" the  message  in  another  place,  says: 

"And  only  and  all  said  appropriations  described  in  said  House 
Bill  13,  on  said  pages  2  to  24,  inclusive,  are  hereby  disapproved 
and  vetoed,   and   the   same  are  blue-pnciled  and  vetoed." 

This  language  is  specific;  it  specifically  describes  the  items  (by 
particular  reference)  to  which  the  veto  was  intended  to  apply;  and 
being  specific,  under  fundamental  rules,  it  must  be  understood  to 
control  any  general  and  conflicting  language,  if  any,  in  the  message. 
The  portions  of  the  Bill  as  copied  above  were  neither  "blue- 
penciled,"  nor  are  they  to  be  found  on  pages  2  to  24.  Consequently 
if  it  should  be  held  that  any  of  such  portions  were  vetoed,  the  speci- 
fic description  of  the  vetoed  items  as  contained  in  the  message  must- 
be  changed  so  as  to  include  pages  2  5,  26  and  27  and  so  as  to  include 
items  on  page  1,  which  were  not  marked  with  "blue-pencil."  But 
this  expansion  of  the  "description"  would  violate  the  plain  language 
of  the  Governor. 

Upon  those  who  may  contend  that  the  total  appropriations  for 
the  University  were  vetoed  must  rest  the  burden  of  showing  two 
things:  (1st)  That  there  is  a  conflict  between  the  terms  of  the  Bill 
as  filed  and  the  veto  message,  and  in  order  to  do  this  a  conflict,  must 
be  found  in  the  terms  of  the  message  itself.     We  say  this  because 


A  Source  Book  of  the  University  of  Texas  595 

the  Bill,  as  approved  specifically  carries  the  total  appropriations 
named,  and  the  veto  message  particularly  describes  the  items  vetoed 
as  being  on  pages  2  to  24  of  the  Bill,  and  neither  the  totals  nor  the 
appropriating  language  is  to  be  found  on  those  pages;  (2nd)  hav- 
ing found  the  ambiguity,  they  must  go  further  and  point  to  some 
indicia  within  the  Bill  or  the  message  impelling  the  conclusion  that 
neither  the  Bill  nor  the  Message  (wherein  it  is  specific)  mean  what 
they  say.  I  think  the  task  in  either  instance  is  impossible  of  ac- 
complishment. My  reasons  for  thinking  so  have  been,  in  part, 
already  indicated;  other  supporting  reasons  may  be  assigned  by 
way  of  anticipation. 

It  may  be  said  that  the  intention  to  veto  the  totals  is  evidenced 
by  the  following  language  of  the  message: 

"I  hereby  veto  and  disapprove  the  entire  appropriation  made  by 
the  Thirty-firth  Legislature  for  the  support  of  the  State  University 
of  Texas,  for  the  fiscal  years  beginning  Sept.  1,  1917  and  ending 
August  31,  1  919,  the  same  aggregating  $98,755.00  for  the  fiscal  year 
ending  August  31,  1918,  and  $98,775.00  for  the  fiscal  year  ending 
Aug.  31,  1919,  for  the  support  of  the  Medical  Branch  of  the  Uni- 
versity at  Galveston,  Texas;  and  aggregating  $719,698.50  for  the 
fiscal  year  ending  August  31,  1918,  and  $710,198.50  for  the  fiscal 
year  ending  Aug.  31,  1919,  for  the  support  of  the  main  University; 
same  to  be  spent  for  the  payment  of  salaries  of  various  professors, 
associate  professors,  instructors,  assistants,  adjunct  professors, 
tutors,  curators,  secretaries,  employees,  agents,  officers,  business 
manager,  assistant  business  manager,  auditors,  land  agents,  labor- 
ers of  all  kind  and  descriptions  and  for  various  contingent  funds, 
current  expenses,  traveling  expenses,  in  said  Medical  Branch  of  the 
State  University  at  Galveston,  Texas,  and  in  the  said  main  Univer- 
sity situated  at  Austin,  Texas,"   etc. 

This  language,  taken  by  itself,  might  produce  the  veto  of  the 
totals.  But,  when  taken  by  itself,  it  is  misleading.  It  cannot  be 
considered  by  itself.  It  is  familiar  law  that  all  parts  of  a  written 
instrument  must  be  read  together.  It  is  also  familiar  law  that  all 
portions  of  all  related  documents  must  be  read  together,  and  that 
each  portion  must  be  given  effect  if  possible.  This  is  especially 
true  of  statutes  and  of  statutes  accompanied  by  veto  messages.  To 
segregate  the  clause  last  quoted  from  the  message  to  give  it  literal 
effect,  manifestly,  would  render  ineffective  and  meaningless  all 
other  portions  of  the  Message  and  also  further  amend  the  Bill  as 
actually  signed  and  filed.  This  has  been  pointed  out  above,  but  at- 
tention is  here  called  to  the  important  fact  that  the  above  quoted 
general  language  is  specifically  limited,  in  the  same  sentence,  by  the 
following  clause: 

"and  all  fully  described  in  the  original  House  Bill  Number  13, 
on  pages  1  to  24*,  inclusive      ....      to  which  reference  is  made 


596  University  of  Texas  Bulletin 

for  a  more  particular  description  of  the  appropriations  hereby  dis- 
approved and  vetoed" 
and  further  along  in  the  same  sentence  this  language  is  found: 

"and  only  and  all  said  appropriations  described  in  said  House 
Bill  13,  on  said  pages  2  to  24,  inclusive,  are  hereby  disapproved  and 
vetoed,  and  the  same  are  blue-penciled  and  vetoed." 

The  complete  language  can  mean  but  one  thing,  and  that  is  that 
the  items  marked  with  blue-pencil  on  the  pages  designated  were 
intended  to  be  vetoed.  The  totals  are  not  marked  with  "blue- 
pencil,"  nor  are  they  on  the  pages  named;  to  hold  that  they  fell 
within  the  general  condemnatory  language  quoted  requires  the 
reformation  of  the  Governor's  message  so  as  to  eliminate  the  specific 
qualifying   clauses. 

The  veto  of  the  totals  alone  would  not  have  affected  the  detailed 
"items"  on  pages  2  to  24,  nor  would  the  veto  of  any  or  all  of  the 
detailed  "items"  on  pages  2  to  24  affect  the  totals  unless  the  totals 
themselves  were  vetoed.  The  message  does  not  directly,  or 
by  reference,  mention  the  total  items  contained  on  page  27  of  the 
Bill;  it  will  be  noted  that  the  general  language  of  the  Message 
(quoted  above)  says  that  the  items  vetoed  "aggregate"  sums  which 
correspond  to  the  totals  on  page  27.  This  means  that  the  items 
vetoed  on  pages  1  to  24  "aggregate"  the  amounts  mentioned,  and 
does  not,  at  all,  necessarily  refer  to  the  total  sums  set  out  on  page 
27. 

But  it  may  be  said,  further,  that  there  is  no  apparent  reason  for 
the  veto  of  the  items  on  pages  1  to  24,  and  all  of  them,  unless  it 
was  intended  for  the  totals  on  page  2  7  to  be  vetoed. 

There  are  various  answers  to  this.  In  the  first  place,  since  the 
Governor  had  the  power  to  veto  the  detailed  items  on  pages  2  to  24, 
and  at  the  same  time  leave  the  totals  on  page  27  intact,  and  since 
this  is  clearly  the  prima  facie  effect  of  the  Bill  as  filed  with  the  mes- 
sage, it  is  not  necessary  to  ascertain  the  reasons  therefor.  In  the 
second  place,  if  possible  reasons  must  be  shown  they  are  readily 
deducible  from  the  effect  of  the  Bill  in  its  final  form.  If  our  con- 
struction of  the  Bill  and  the  Message  is  correct  then  the  effect  of 
the  Bill  as  re-formed  by  the  Governor  is  to  leave  the  total  amounts 
appropriated  in  force,  to  be  expended  for  the  general  purposes  enum- 
rated  in  the  Bill  according  to  the  discretion  of  the  Board  of  Regents, 
whereas  the  original  Bill  undertook  to  specify,  in  detail,  how  the 
money  should  be  spent.  It  will  be  noted  that  the  original  bill  left 
the  manner  of  the  expenditure  of  the  "available  funds"  entirely 
to  the  Board  of  Regents,  and  the  effect  of  the  veto,  as  we  construe 
it,  is  in  like  manner  to  enlarge  the  power  of  the  Board  over  the 
expenditure  of  the  totals.  The  Governor  had  the  power  to  object 
to  any  number  of  the  specific  items  and  to  strike  them  from  the 
Bill,  leaving  the  totals  intact,  and  in  this  way  to  deal  with  the  dis- 


A  Source  Boole  of  the  University  of  Texas  591 

position  of  the  funds.  For  instance:  He  may  have  thought  that 
the  amount  specifically  set  aside  for  any  particular  purpose  was  too 
large,  and  yet  have  thought  that  the  particular  purpose  itself  should 
be  carried  out;  by  striking  out  the  specific  item  and  leaving  the 
totals  the  purpose  could  still  be  accomplished  and  a  proper  amount 
of  money  be  spent  therefor  by  the  Regents.  The  entire  effect  of  the 
veto  is  to  permit  the  total  amount  to  be  redistributed  by  the  Board 
of  Regents  to  the  details  necessary  in  the  proper  administration  of 
the  institution. 

The  construction  which  I  have  given  the  Bill  and  the  Message 
applies  to  every  provision  of  both  instruments;  and  other  construc- 
tion destroys,  in  the  whole  or  in  part,  some  portion  of  each.  This 
of  itself  impels  my  belief  that  this  construction  is  correct. 

But  there  is  another  reason  to  be  found  in  the  Organic  Law  and 
the  Constitutional  relation  of  the  Departments  of  Government.  By 
Section  10,  Article  7,  of  the  Constitution  the  Legislature  is  com- 
manded to  provide  for  the  "maintenance,  support,  and  direction  of 
a  University  of  the  first  class."  By  subsequent  Section  partial 
provision, — by  way  of  a  "permanent  fund," — is  made  for  its  sup- 
port. But  that  the  People  whose  command  is  found  in  Section  10, 
Article  7,  understood  that  the  proceeds  from  the  "permanent  fund" 
would  be  inadequate  for  the  proper  support  of  a  constantly  growing 
"University  of  the  first  class"  and  that  it  should  be  the  duty  of  the 
Legislature  to  supplement  this  fund  by  appropriations  is  unmistak- 
ably shown  in  Section  11,  wherein  such  appropriations  are  specifi- 
cally mentioned,  and  in  Section  48,  of  Article  3,  wherein  the  right 
of  the  Legislature  to  impose  taxes  for  the  support  of  State  Univer- 
sities and  Colleges  is  definitely  granted.  In  the  exercise  of  these 
powers  of  the  Legislature,  in  the  passage  of  House  Bill  13,  declared 
the  "available  funds"  to  be  wholly  insufficient  for  the  maintenance 
of  the  University  and  proceeded  to  supplement  the  same  by  appro- 
priations. This  was  a  declaration  of  fact  within  the  jurisdiction  of 
the  Legislature,  and  the  force  of  its  findings  should  not  by  construc- 
tion be  disturbed  unless  reversal  thereof  is  rendered  imperative  by 
other  law.  That  the  Governor  did  not  intend  to  disturb  this  finding 
of  fact  is  conclusively  shown  by  the  circumstance  thai  his 
sage  itself,  under  any  construction  thereof,  provides  for  a  supple- 
ment of  the  "available  funds."  With  this  condition  of  fact  es- 
tablished, it  is  impossible  to  imagine  thai  the  Governor  thoughl 
that  a  supplemental  appropriation  of  only  $3500  per  year  was 
sufficient  for  the  maintenance  of  the  "Main  University." 

With  these  plain  Constitutional  demands  before  us, — with  the 
unreversed  finding  of  fact  of  the  total  Inadequacy  of  the  "available 
funds"  before  us, — and  in  the  absence  of  an  unmistakable  declara- 
tion by  veto,  violence  to  Reason  and  gross  injustice  to  the  Governor 
would    be   the   resultants   of   holding   that   he    intended    to    veto    the 


598  University  of  Texas  Bulletin 

entire  supplemental  appropriation  (except  $3500  per  year)  for  the 
Main  University.  The  Governor  has  made  no  such  declaration;  on 
the  contrtry,  he  has  more  than  once  repudiated  such  an  idea: 
Once,  positively,  by  signing  and  filing  the  Bill  which  clearly  ap- 
propriates the  totals  named  on  page  27  thereof;  twice,  negatively, 
by  specifically  limiting  the  veto  to  the  items  set  forth  on  pages  2 
to  24. 

We  hold,  therefore,  that  the  total  amount  of  money  stated  on  page 
27  of  the  bill  will  be  available  for  the  support  and  maintenance  of 
the  University  and  its  branches  to  be  expended  under  the  direction 
of  the  Board  of  Regents  for  the  two  years  named. 

What  has  been  said  above  represents  my  belief  as  to  the  effect  of 
the  veto  and  the  availability  of  funds  for  the  support  of  the  Uni- 
versity. My  knowledge  of  the  unsettled  condition  of  the  affairs 
of  the  University  leads  me  to  believe,  however,  that  my  judgment 
in  the  premises  may  not  be  taken  as  final,  and  than  an  adjudica- 
tion of  the  question  by  the  Courts  will,  probably,  be  required. 
Pending  such  adjudication  the  University  must  operate,  and,  hap- 
pily, in  my  opinion,  the  Appropriation  Bill  furnishes  the  means  to 
this  end. 

II 

I  refer  to  the  provisions  as  to  the  "Available  Funds."  By  the 
Bill  "all  the  available  University  funds,  including  interest  from  its 
bonds,  land  notes,  endowment  and  donations  of  gifts  and  fees  col- 
lected, and  all  receipts  whatsoever  from  any  source"  here  appro- 
priated "for  the  maintenance,  support,  and  direction  of  the  Univer- 
sity of  Texas  including  the  Medical  Department  at  Galveston,  in- 
cluding the  construction  of  buildings"  for  the  two  years  beginning 
September  1,  1917,  and  ending  August  31,  1919."  No  limitations 
upon  the  use  of  these  funds  other  than  the  general  language  quoted 
is  to  be  found  in  the  Bill,  and  their  expenditure  is  wholly  within  the 
control  of  the  Board  of  Regents  at  any  time  during  said  two-year 
period.  In  my  opinion  the  Regents  may  use  such  amount  of  such 
funds  as  may  actually  be  in  hand  on  September  1,  1917,  and  there- 
after, and  at  any  time  during  the  two-year  period  may  capitalize 
or  in  any  other  manner  use  the  credit  of  such  funds  to  become 
available  at  any  time  during  said  two-year  period  in  order  to  secure 
money  for  immediate  use. 

In  the  event  such  available  funds  become  exhausted,  and  in  the 
event  the  total  appropriations  contained  on  page  27  of  House  Bill 
13,  discussed  above,  in  accordance  with  this  opinion,  shall  not  become 
available,  the  University  could  lawfully  be  operated  upon  "dona- 
tions." "gifts,"  etc.,  which  it  might  be  able  to  procure  from  any 
source. 


A  Source  Book  of  the  University  of  Texas  599 

III. 

While  I  do  not  think  the  University  can  borrow  money  outright 
and  bind  the  State  for  the  repayment  thereof,  I  do  believe  that 
some  citizen  or  group  of  citizens  can  be  found  who  would  have 
sufficient  confidence  in  the  good  faith  of  the  People  of  Texas,  to 
lead  them  to  advance  to  the  University  such  sums  of  money  as  may 
be  needed  for  its  proper  maintenance  during  the  two  years,  upon 
the  expectation  that  the  Legislature,  at  its  next  session,  would 
submit  to  the  People  of  Texas  a  Constitutional  Amendment  recogniz- 
ing such  advances  as  being  debts  which  ought  to  be  paid  by  the 
State  and  in  the  expectation  that  such  Amendment  when  submitted 
would  be  adopted  by  the  people,  thereby  insuring  the  benefactors 
the  return  to  them  of  the  moneys  with  interest  thus  patriotically 
advanced  for  this  high  purpose. 

The  Board  of  Regents  of  the  State  University  is  not  authorized  to 
pay  from  appropriations  made  by  the  Legislature  to  maintain  the 
University,  an  attorney's  fee  incurred  l\v  certain  members  of  the 
Board  of  Regents  in  defense  of  a  suit  brought  against  them  as 
individuals  to  restrain  them  from  executing  an  alleged  conspiracy 
entered  into  to  deprive  a  certain  faculty  member  of  his  legal 
rights;  the  suit  not  being  against  the  State  and  not  against  the 
Board  of  Regents,  us  such,  but  against  a  minority  of  the  Board  as 
individuals,  is  not  a  suit  against  the  State,  nor  does  it  concern 
the  State,  and,  hence,  is  not  a  public  matter,  the  expenses  of 
which  are  to  be  paid  from  public  funds. 

Even  if  it  should  be  considered  a  legal  demand,  yet  the  appropria- 
tion to  maintain  the  University  would  not  authorize  the  payment 
of  an  attorney's  fee  incurred  under  the  circumstances. 
July  27,  1917,  Vol.  49,  pp.  438-451 

B.  F.  Looney  to  Treasurer  J.  M.  Edwards. 

The  action  was  originally  brought  against  G.  C.  McReynolds,  A. 
W.  Fly,  C.  E.  Kelly  and  John  M.  Mathis.  Since  the  filing  of  the 
suit  G.  C.  McReynolds  resigned,  and  the  vacancy  was  filled  by  the 
appointment  of  another  party,  who  was  not  made  a  defendant  in 
the  cause.  Therefore,  the  action  may  be  considered  as  being  against 
three  members  of  the  Board  of  Regents  only,  to-wit:      A.  W.   P'ly, 

C.  E.  Kelly  and  John  M.  Mathis.  The  Board  of  Regents  of  the 
University  of  Texas  is  an  administrative  agency  of  the  State,  for 
the  government  of  its  University,  created  by  the  Constitution  and 
laws  of  the  State. 

Summarized,  the  complaint  made  in  this  petition  is  that  the 
defendants  named  had  become  disqualified  to  act  as  Regents  upon 


600  University  of  Texas  Bulletin 

the  question  of  the  removal  of  the  plaintiff  in  that  action  "and 
others  of  the  faculties  of  said  University  similarly  situated."  The 
charge  of  disqualification  made  in  the  petition  does  not  extend  to 
those  members  of  the  Board  of  Regents  not  named  as  defendant, 
nor  does  it  extend  to  the  defendants  concerning  any  other  matter 
or  question  than  the  removal  of  the  plaintiff  and  other  members  of 
the  faculty  similarly  situated. 

6    Corpus   Juris,    811. 

29  Opinions  of  the  Attorney  General  of  United  States,  99. 

A  school  board  must  act  as  a  unit  in  the  manner  prescribed  by 
statute,  as  a  board  convened  for  the  transaction  of  business;  but 
a  majority  may  lawfully  do  official  acts.  In  other  words,  it  is  not 
necessary  that  all  the  members  of  a  board  of  this  character  should 
concur  in  the  exercise  of  its  authority. 

Voorhees  Law  of  Public  Schools,  Sec.  4  4. 

23  American  and  English  Encyclopedia  of  Law,  3  66. 

Nor  is  it  necesary  that  all  members  of  a  board  attend  the  meet- 
ing, provided  all  have  had  notice  of  the  meeting,  and  there  is  a 
quorum  present. 

23  American  and  English  Encyclopedia  of  Law,  366-7. 

These  general  rules  obtaining  in  either  jurisdiction  are  statutory 
in  this  State,  for  Revised  Statutes,  Article  5502,  Subdivision  5, 
declares: 

"A  joint  authority  given  to  any  number  of  persons  or  officers  may 
be  executed  by  a  majority  of  them,  unless  it  is  otherwise  declared." 

From  this  general  and  statutory  rule,  it  is  clear  that  a  majority 
of  the  Board  of  Regents  of  the  University  of  Texas  may  act  on 
any  matter  coming  before  the  Board.  The  question  is,  did  the  fact 
that  three  members  of  the  Board  were  unable  to  act  because  en- 
joined on  account  of  alleged  disqualifications  disable  the  Board 
from  performing  its  statutory  duties  as  a  Board,  in  the  management 
and  government  of  the  University. 


From  these  authorities,  I  think  the  conclusion  correct  that  the 
Board  of  Regents  of  the  University  of  Texas,  although  three  of  its 
nine  members  were  enjoined  by  reason  of  alleged  disqualification 
from  acting,  was  still  qualified  to  act.  All  members  of  the  Board, 
including  those  enjoined,  had  authority  to,  and  were  qualified  to 
participate  in  the  discussion  of  a  vote  upon  any  matter  relative  to 
the  government  of  the  University,  except  the  three  defendants  named 
in  this  suit  could  not  do  or  perform  any  act  or  thing,  or  enter  into 
any  agreement  or  combination  or  take  or  attempt  to  take  any 
TOte  or  pass  or  attempt  to  pass  any  resolution  for  the  purpose  of 
removing  or  attempting  to  remove  the  plaintiff  in  this  motion  or 
others  upon  the  faculties  of  the  University  similarly  situated  from 
the  positions  held  by  them  until  the  further  orders  of  the  Court. 


A  Sourci   Book  of  lh<  University  of  Texas  601 

But  this  was  by  reason  of  their  alleged  disqualification,  the  deter- 
mination of  which  issue  was  before  the  court,  and  presented  a  sit- 
uation of  no  greater  legal  difficulty  than  would  have  been  presented 
by  a  disqualification  for  any  other  cause.  The  suit  was  brought 
against  the  defendants  individually,  and  not  against  the  Board,  and, 
therefore,  involved  only  a  private  right,  to-wit,  the  question  of  the 
disqualification  of  A.  W.  Ply,  C.  E.  Kelly,  and  John  M.  Mathis  to 
exercise  a  certain  function  of  their  office.  The  public  was  not  in- 
jured by  reason  of  the  existence  of  the  lawsuit  to  any  greater 
extent  than  it  would  have  been  if  these  gentlemen  were  disqualified 
to  participate  in  any  particular  matter  before  the  Board,  by  reason 
of  interest  or  relationship. 

Such  being  the  status  of  the  matter,  the  public  did  not  have  such 
interest  in  the  litigation  as  would  authorize  the  Board  of  Regents 
in  paying  defendant's  attorney's  fees  out  of  funds  appropriated  for 
the  support  and  maintenance  of  the  University. 

While  the  Lomax  suit  grew  out  of  the  proposed  action  of  these 
Regents,  it  no  more  involved  the  interest  of  the  State  than  the  pro- 
posed action  of  Conley  in  the  above  suit.  If  the  decision  of  Judge 
Graves  had  been  adverse  to  the  defendants,  it  would  in  no  sense 
have  affected  the  State;  it  would  not  have  embarrassed  the  Board 
of  Regents  to  discharge  its  full  duty,  but  would  have  established 
the  fact  that  the  said  Regents,  in  connection  with  the  Governor  of 
the  State,  entered  into  an  unlawful  conspiracy  detrimental  to  the 
plaintiff.  This  Texas  case,  recently  decided  by  our  Supreme  Court, 
is  directly  in  point,  and  enables  us  to  determine  whether  or  not 
the  Lomax  suit  involved  a  public  matter,  the  expenses  of  which  the 
State  ought  to  bear,  or  a  purely  personal  matter,  the  expenses  and 
consequences  of  which  the  individuals  must  bear. 

It  is  true  the  Lomax  suit  failed,  so  did  the  suit  against  Conley 
fail,  but  the  fact  that  the  plaintiff  in  each  of  these  cases  failed  to 
sustain  by  proof  the  allegations  could  not  change  the  nature  of  the 
suit.  The  nature  of  the  suit  is  established  by  its  own  allegations, 
and  not  by  the  result.  If  it  was  a  suit  against  members  of  the 
Board,  in  their  individual  capacity,  in  the  beginning,  11  remains 
so  throughout. 

No  individual  is  immune  from  the  possibility  of  having  mound- 
less  suit  brought  against  him;  he  must  appear  in  court  and  answer, 
and  if  the  employment  of  counsel  is  necessary  he  must  hear  this 
expense  from  his  own  pocket.  When  a  man  enters  upon  the  dis- 
charge of  public  duties  he  carries  with  him  always  this  liability. 

For  the  reasons  above  stated,  I  express  it  to  you  as  my  opinion 
that  this  fee  of  Eleven  Hundred  ($1,100.00)  Dollars  cannot  Legally 
be  paid  from  public  funds,  and  should  not  be  paid.  This  beinkr  a 
sufficient  reason  to   dispose  of  the  question,   I   have   not    deemed    it 


602  University  of  Texas  Bulletin 

necessary  to  advert  to  another  which  I  believe  would  also  lead  to 
the  same  result. 

The  Governor  of  the  State  is  without  authority  to  remove  a  mem- 
ber of  the  Board  of  Regents  from  office. 

Second:  A  member  of  the  Board  of  Regents  can  only  be  removed 
from  office  for  causes  provided  by  the  Legislature  under  quo 
warranto  proceedings.     Vol.  50,  pp.  109-116. 

B.  F.  Looney  to  Governor  W.  P.  Hobby. 

Dear  Sir:  I  have  your  favor  of  the  12th  instant,  transmitting 
copy  of  Senate  Simple  Resolution  No.  8,  which  states,  in  effect,  that 
Honorable  Wilbur  Allen  practiced  deception  on  the  members  of  the 
Senate  in  regard  to  his  attitude  towards  the  then  pending  issues 
with  reference  to  the  University  and  by  these  means  secured  his 
confirmation,  as  a  member  of  the  Board  of  University  Regents. 

The  resolution  of  the  Senate  concludes  as  follows: 

"Now  therefore,  the  Senate  of  Texas  requests  the  Honorable  W. 
P.  Hobby,  Acting  Governor  of  Texas,  to  set  a  day  upon  which  said 
Allen  shall  appear  before  said  Governor,  and  a  committee  from  the 
Senate  shall  appear  before  the  said  Governor  and  present  to  him 
reason  believed  by  the  Senate  to  be  good  and  sufficient  cause  for 
the  removal  of  said  Allen,  to  the  end  that  said  Allen  may  be  re- 
moved by  the  Governor  in  conformity  with  the  law." 

Your  communication  is  as  follows: 

"I  enclose  herewith  copy  of  Senate  Simple  Resolution  No.  8.  I 
will  be  pleased  to  have  you  advise  me  your  opinion  as  to  the  power 
of  the  Governor  of  Texas  to  remove  a  member  of  the  Board  of 
Regents  of  the  University  of  Texas  for  cause  as  provided  in  the 
Statutes." 

Repying,  I  beg  to  call  your  attention  to  Section  7  of  Article  15 
of  the  Constitution,  which  reads  as  follows: 

"The  Legislature  shall  provide  by  law  for  the  trial  and  removal 
from  office  of  all  officers  of  this  State,  the  modes  for  which  have 
not  been  provided  in  this  Constitution." 

The  Constitution  and  statutes  provide  for  the  removal  of  cer- 
tain officers  by  impeachment,  but  regents  are  not  included,  (Sec- 
tion 2,  Article  15,  Constitution;  Article  6017,  Vernon's  Sayles'). 
Also  provision  is  made  for  the  removal  of  district  judges  by  the 
Supreme  Court,  (Section  6,  Article  15,  the  Constitution;  Article 
6022,  Vernon's  Sayles').  Provision  is  also  made  for  the  removal 
of  certain  officers  by  the  Governor  on  the  address  of  two-thirds  of 
each  house  of  the  Legislature,  but  regents  are  not  included,  (Sec- 
tion 8,  Article  15,  Constitution;   Section  6018,  Vernon's  Sayles'). 

The  above  are  the  only  modes  prescribed  in  the  Constitution 
for  the  removal  of  officers. 


A  Source  Book  of  the  University  of  Texas  (303 

The  Legislature,  however,  in  obedience  to  the  provision  of  Sec- 
tion 7,  Article  15,  first  quoted,  has  provided  for  the  removal  of 
certain  district,  county  and  city  officials.  (See  Chapters  2  and  4, 
Title   98,  Vernon  Sayles'). 

In  each  instance  above  mentioned,  both  in  the  Constitution  and 
in  the  statute,  the  modes  provided  for  the  removal  of  officers,  con- 
template a  trial.  The  procedure  provides  that  a  charge  or  petition 
is  to  be  made  setting  up  the  grounds  for  removal;  notice  is  re- 
quired to  be  given  the  defendant  of  the  complaint  and  of  the  time 
and  place  for  the  hearing,  and  full  opportunity  is  afforded  for  a 
fair  and  impartial  hearing;  in  other  words,  due  process  of  law  is 
provided. 

Regents  of  the  University  are  not  mentioned  by  name  in  any 
of  the  provisions  above  referred  to. 

As  the  Legislature  has  been  so  particular  to  safeguard  the  pro- 
perty rights  of  the  petty  officers  of  the  counties  and  towns  of  the 
State,  to  protect  them  from  an  arbitrary  or  summary  dismissal 
from  office,  it  is  not  to  be  conceived  that  it  intended  to  leave  the 
most  dignified  and  important  offices  of  the  State  unprotected,  against 
the  possible  exercise  of  an  arbitrary  power  of  removal. 

Such  is  not  the  case.  The  Legislature  has,  in  obedience  to 
the  Constitution,  made  provision  also  for  the  trial  and  removal 
of  regents  when  cause  for  such  removal,  as  provided  by  the  Legis- 
lature, exists. 

Articles  6398-6404,  Vernon's  Sayles',  provide  for  the  trial  and 
removal  of  any  pubic  officer  by  quo  warranto  proceedings  in  the 
folowing   instances: 

"In  case  any  person  shall  usurp,  intrude  into,  or  unlawfully  hold 
or  execute,  or  is  now  intruded  into,  or  now  unlawfully  holds  or 
executes  any  office,  or  franchise,  ....  or  any  public  officer 
shall  have  done  or  suffered  any  act  which  by  the  provisions  of  law 
works  a  forfeiture  of  his  office,"  etc. 

It  is  apparent,  therefore,  that  if  any  person  should  intrude  into, 
or  unlawfully  hold  or  execute  an  office;  that  is,  without  a  legal 
election  or  appointment  thereto,  he  could  be  tried  and  ousted  by 
quo  warranto  proceedings.  For  instance,  if  an  ineligible  person 
should  be  appointed  or  elected  to  an  office,  or  if  a  person  should 
by  any  fradulent  or  illegal  means  get  into  possession  of  an  office, 
this  statute  would  be  applicable. 

Also  where  any  public  officer  does  or  suffers  any  act,  which,  by 
the  provision  of  law,  works  a  forfeiture  of  his  office,  he  can  be 
tried  and  ousted  under  the  provisions  of  this  statute.  For  instance, 
when  an  officer  forfeits  his  office  by  removal  from  the  State,  or  by 
acceptance  and  qualification  to  another  office,  or  should  in  any 
way  abandon  the  office. 

Section  5  of  Article  16  of  the  Constitution  reads: 


604  University  of  Texas  Bulletin 

"Every  person  shall  be  disqualified  from  holding  office  of  profit 
or  trust  in  this  State,  who  shall  have  been  convicted  of  having 
given  or  offered  a  bribe  to  procure  his  election  or  appointment." 

It  is  perfectly  apparant  that  if  a  regent  of  the  University  should 
be  convicted  of  bribery,  as  contemplated  by  this  provision  of  the 
Constitution,  he  could  be  removed  by  quo  warranto  proceedings. 

Another  instance:  Article  200  of  the  Penal  Code  reads  as 
follows: 

"Any  State  or  district  officer  in  this  State,  who  shall  be  guilty 
of  drunkenness,  shall  be  subject  to  removal  from  office  in  the 
manner  provided  by  law;  and,  upon  conviction  thereof  in  any  court 
of  competent  jurisdiction,  shall  be  fined  in  any  sum  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars." 

Regents  of  the  University  are  included  within  the  term  "State  and 
district  officers,"  hence  on  conviction  for  drunkenness  a  regent 
could  be  tried  and  removed  from  his  office  under  the  terms  of  the 
quo  warranto  statute,  for  an  act  done  "which  by  the  provisions  of 
law  works  a  forfeiture  of  his  office." 

Article  119-A,  of  the  Penal  Code,  prohibits  regents  from  making 
contracts  for  the  erection  or  repair  of  any  building  or  other  improve- 
ments, or  for  the  purchase  of  equipment,  or  supplies  of  any  kind 
for  the  institution  under  their  charge,  where  such  contract  or  pur- 
chase is  not  authorized  by  a  specific  legislative  enactment,  or  on 
written  direction  of  the  Governor  acting  under  and  consistent  with 
the  authority  of  existing  laws,  and  they  are  prohibited  from  con- 
tracting or  creating  any  deficiency  in  the  name  of  the  State  not 
specifically   authorized. 

Section  119-B,  reads: 

"That  any  regents  ....  of  any  educational  ....  in- 
stitution, who  shall  violate  this  Act  shall  be  at  once  thereafter  re- 
moved from  his  position  with  such  institution,  and  shall  not  there- 
after be  eligible  to  hold  said  position " 

This  statute  affords  another  instance  where  a  regent  could  be 
ousted  from  office  by  the  quo  warranto  statute  for  an  act  done 
which,  by  the  provisions  of  law,  works  a  forfeiture  of  his  office. 

The  violation  of  the  neoptism  law  is  also  a  ground  for  the  re- 
moval of  a  regent  from  office. 

Artcle  6074  of  Vernon's  Sayles'  reads  as  follows: 

"In  addition  to  any  other  penalty  imposed  by  law,  any  person 
who  shall  violate  any  of  the  provisions  of  the  law  contained  in  the 
Penal  Code  relating  to  the  offense  known  as  nepotism  and  the  in- 
hibited acts  connected  therewith,  shall  be  removed  from  his  office, 
clerkship,  employment  or  duty  as  therein  mentioned." 

With  reference  to  this  offense,  quo  warranto  is  specifically  pro- 
vided for  in  Article  607  6,  Vernon's  Sayles,'  as  follows: 


A  Source  Book  of  flu  University  of  Texas  605 

"All  quo  warranto  proceedings  mentioned  shall  be  instituted  by 
the  Attorney  General  in  one  of  the  district  courts  of  Travis  County 
or  in  the  district  court  of  the  county  in  which  the  defendant  may 
reside;  and  concurrent  jurisdiction  in  such  suits  is  hereby  conferred 
upon  such  courts." 

Other  instances  could  probably  be  found  where  regents  may  be 
subjected  to  trial  and  removal  from  office  because  of  acts  done  or 
suffered,  which,  by  the  provisions  of  law,  works  a  forfeiture  of  the 
office,  but  it  is  believed  that  these  instances  are  sufficient  to  show 
that  the  Legislature  has,  in  compliance  with  the  Constitution,  made 
provision  for  the  trial  and  removal  from  office  of  regents  of  the 
University  in  all  instances  where,  in  the  judgment  of  the  Legislature, 
removal  should  take  place. 

I  beg,  therefore,  to  answer  your  question  in  the  negative.  In 
my  opinion,  the  Governor  has  no  power  to  remove  a  regent  from 
this  office,  but  such  removal,  if  it  takes  place  at  all,  must  come  as 
the  result  of  a  trial  provided  for  in  our  quo  warranto  statutes. 
The  only  pretense  of  authority  in  the  Governor  to  remove  a  regent 
is  found  in  Article  6027,  Vernon  Sayles',  and  is  as  follows: 

"All  State  officers,  appointed  by  the  Governor  or  elected  by  the 
Legislature,  where  the  mode  of  their  removal  is  not  otherwise  pro- 
vided by  law,  may  be  removed  by  him  for  good  and  sufficient  cause 
to  be  spread  on  the  records  of  his  office  and  to  be  reported  by  him 
to  the  next  session  of  the  Legislature  thereafter." 

This  statute,  even  if  a  valid  law,  has  no  application  whatever  to 
officers  where  the  mode  of  their  removal  is  otherwise  provided  by 
law,  and,  as  I  have  just  shown  that  the  trial  and  removal  of  regents 
is  provided  for  in  the  quo  warranto  proceedings,  the  statute  in 
question  gives  no  authority  to  the  Governor  to  exercise  the  power 
of  removal. 

The  validity  of  this  statute,  however,  is  exceedingly  doubtful. 
The  Constitution,  Section  7,  Article  15,  requires  the  Legislature 
to  provide  by  law  "for  the  trial  and  removal  from  office  of  all 
officers  of  this  State,  the  modes  for  which  have  not  been  provided 
in  this  Constitution."  Assume,  therefore,  that  the  Legislature  has 
made  no  provision  for  the  removal  of  regents  other  than  is  found 
in  the  statute  just  quoted,  does  that  comply  with  the  Constitution? 
Is  provision  made  therein  for  a  trial  before  removal? 

What  does  the  term  "trial"  mean?  "A  trial  is  the  judicial 
examination  of  the  issues  between  the  parties,  whether  tliev  be 
issues  of  law  or  fact."  38  Cyc.  1267;  Words  &  Phrases,  2nd 
Series,  Vol.  4,  p.  1003;  Bouviere's  Law  Dictionary,  Vol.  3,  p. 
3320. 

In  order  to  constitute  a  trial,  charges  must  be  made,  notice 
thereof   given,    time   and    place   for   hearing    Darned,   and   an    oppor- 


606  University  of  Texas  Bulletin 

r 

tunity  for  the  person  charged  to  be  fairly  and  impartially  heard 
on  the  issues  made;  otherwise,  there  is  no  trial  and  due  process 
of  law  is  not  administered. 

I  beg  to  call  your  attention  to  the  case  of  Honey  vs.  Graham, 
decided  by  our  Supreme  Court,  reported  in  39  Texas,  page  1. 

This  case  arose  out  of  the  fact  that  Governor  Davis  removed 
George  W.  Honey  from  the  office  of  Treasurer  of  the  State.  It 
seems  that  Mr.  Honey,  with  his  family,  left  the  State,  saying  to 
several  persons  that  he  would  be  gone  six  weeks.  His  chief  clerk 
was  left  in  possession  of  the  office.  Soon  after  Honey's  departure, 
the  Governor  notified  the  chief  clerk  that  he  must  execute  a  bond 
for  the  faithful  administration  of  office.  The  bond  was  not  exe- 
cuted to  the  satisfaction  of  the  Governor,  and  thereupon  the  office 
was  seized  by  military  force;  the  Governor  issued  a  proclamation 
declaring  the  office  vacant  and  appointed  B.  Graham  to  fill  the 
vacancy.  The  suit  of  Honey  vs.  Graham  resulted,  and  the  case 
turned  upon  the  power  of  the  Governor  to  create  a  vacancy  by 
removing  the  State  Treasurer  from  office. 

In  the  course  of  the  decision,  the  court  said: 

"The  governor,  declares  in  his  proclamation,  that  George  W. 
Honey,  late  Treasurer  of  State,  had  absented  himself  (11)  from 
the  limits  of  the  State — not  on  public  business,  and  without  leave 
of  absence — leaving  no  bonded  or  responsible  clerk,  but  leaving 
a  man  acting  as  such  who,  when  called  on  to  give  the  bond  required 
by  law,  was  unable  to  do  so.  These  are  the  facts  stated  in  the 
proclamation,  from  which  a  vacancy  was  inferred,  and  the  appellee 
appointed  to  fill  the  vacancy. 

"The  16th  section  of  the  1st  article  of  the  Constitution  reads  thus: 
'No  citizen  of  this  State  shall  be  deprived  of  life,  liberty,  property, 
or  privileges,  outlawed,  exiled,  or  in  a  manner  disfranchised,  ex- 
cept by  due  course  of  the  law  of  the  land.' 

"The  right  to  hold  and  exercise  the  functions  of  an  office  to 
which  the  individual  may  have  been  duly  elected,  may  be  regarded 
both  as  property  and  privilege,  and  therefore  the  incumbent  can 
only  be  deprived  of  his  office  in  the  manner  pointed  out  in  the 
above  quoted  section  of  the  Constitution.  It  may  be  safely  ad- 
mitted that  more  than  one  case  might  occur  where  the  governor 
would  be  authorized  in  assuming  that  an  office  was  vacant;  but 
no  case  can  occur  under  our  constitution  'wherein  the  governor 
would  be  authorized  to  adjudge  an  office  forfeited. 

"Judgment  belongs  to  the  judiciary.  A  charge  of  forfeiture  can 
only  be  made  out  on  proof — proof  sufficient  to  satisfy  twelve  un- 
prejudiced minds. 

"To  forfeit  his  right  to  an  office    the  incumbent  must  have  done 


A  Source  Book  of  the  University  of  Texas  607 

something  sufficient  in  law  to  deprive  him  of  the  office;  and  the 
consttution  and  laws  secure  to  the  person  so  accused  the  right  of 
traverse — right  of  trial — and  (12)  no  power  on  earth  can  lawfully 
deprive  him  of  these  rights 

"The  power  of  the  governor  to  fill  a  vacancy,  when  one  exists, 
is  not  disputed.  The  power  to  create  a  vacancy  is  denied  by  every 
authority,  except  where  the  office  is  filled  by  the  governor's  choice 
of  an  incumbent  without  concurrence  of  the  Senate  or  election  by 
the  people,  and  the  term  of  office  is  undefined  by  law.  In  such 
case  the  incumbent  holds  at  the  pleasure  of  the  executive,  and  may 
be  at  any  time  removed  from  the  office.  Keenan  vs.  Perry,  24  Tex., 
253;  Hill  vs.  State,  1  Ala.,  599;  Bowman  vs.  Slifer,  25  Penn.  St,  29; 
123  Pet.,  259;  Iowa  vs.  Commonwealth,  3  Pet.,  213;  Page  vs.  Har- 
din, 8  B.  Mon.,  648;  Brown  vs.  Grover,  6  Bush.,  1;  Cummings  vs. 
Clark,  (13)  15  Vt.  653;  Johnson  vs.  Wilson,  2  N.  H.,  202;  People 
vs.  Fields,  2  Scam.,  79." 

This  case  announces  the  generally  accepted  doctrine  that  an  office 
is  both  property  and  privileges,  of  which  a  person  cannot  be  de- 
prived, "except  by  the  due  course  of  the  law  of  the  land."  (See 
Section  19,  Bill  of  Rights),  which  means  a  trial — an  opportunity 
to  be  heard. 

The  statute  in  question  makes  no  provision  for  a  trial,  is  arbi- 
trary and  despotic  in  its  possibilities  and,  in  our  opinion,  furnishes 
no  authority  to  the  Governor  to  remove  a  Universtv  regent  from 
office. 

Adjustments  of  Salaries  in  the  State  Educational  Institutions 
January  26,  1918;    Vol.  50,  pp.  397-405 

B.    F.   Looney  to   Hon.   W.   H.   Fly. 

Dear  Sir:  On  the  2  4th  inst.,  I  received  copy  of  resolution  adopted 
by  the  Committee  over  which  you  have  the  honor  of  presiding,  re- 
questing the  opinion  of  this  department  as  to  the  legality  of  the 
action  of  the  several  governing  boards  of  the  educational  institu- 
tions, namely:  the  Board  of  Regents  of  the  State  University,  the 
Board  of  Directors  of  A.  &  M.  College  and  the  Board  of  Regents  of 
the  normal  schools  in  using  certain  contingent  funds  appropriated 
for  salary  adjustments  in  increasing  the  amount  of  compensation  of 
members  of  the  faculty  and  administrative  employes  of  these  insti- 
tutions over  the  amounts  named  in  the  appropriation  bill. 

On  investigation  I  find  the  language  of  the  appropriation  for  the 
different  institutions  to  which  your  Inquiry  relates  as   follows: 


608  University  of  Texas  Bulletin 

UNIVERSITY 

Contingent  Fund 
For  such  adjustments  in  salaries  and  for  such  additions  to  the  staff 
as  may  be  necessary,  to  be  determined  by  the  Board  of  Regents. 

THE   AGRICULTURAL  AND    MECHANICAL   COLLEGE 

Contingent    expenses    additional    teachers,    salary    adjustments    and 
other  necessary  expenses  as  directed  by  the  board  of  directors. 

PRAIRIE   VIEW   STATE    NORMAL    AND   INDUSTRIAL   COLLEGE 

Contingent    expenses    additional    teachers,    salary    adjustments    and 
other  necessary  expenses  as  directed  by  the  board  of  directors. 

COLLEGE  OF  INDUSTRIAL  ARTS 
SAM  HOUSTON  NORMAL  INSTITUTE 

NORTH  TEXAS  STATE  NORMAL 
SOUTHWEST  TEXAS  STATE  NORMAL 

WEST  TEXAS  STATE  NORMAL 

EAST  TEXAS  STATE  NORMAL 

Contingent  expenses,  additional  instructors,  salary  adjustments  and 

other  necessary  expenses  as  directed  by  Board  of  Regents. 

It  thus  appears  that  the  language  with  reference  to  all  these  in- 
stitutions is  practically  identical,  except  as  to  the  University,  addi- 
tions to  the  staff  is  specially  authorized.  Your  question  involves 
the  inquiry  as  to  the  meaning  of  the  Legislature  by  the  use  of  the 
phrase  "salary  adjustments,"  that  is  to  say,  does  this  authorize  the 
managing  boards  of  these  institutions  to  increase  the  salaries  as 
fixed  in  the  appropriation  bill. 

The  fundamental  rule  in  the  construction  of  all  statutes  is  to 
ascertain  the  intention  of  the  Legislature,  because  this  really  con- 
stitutes the  law.  We  must  arrive  however  at  this  intention  by 
applying  to  the  words  employed  their  ordinary  signification  except 
words  of  art  or  words  connected  with  a  particular  trade  or  subjects 
matter  when  a  particular  meaning  is  attached  thereto.  The  words 
"salary  adjustment"  has  not  acquired  any  particular  signification 
as  words  of  art  or  of  a  particular  trade  or  with  reference  to  any 
subject  matter.  Therefore  we  must  apply  to  them  their  ordinary 
signification. 

The  word  "adjustment"  in  the  Century  Dictionary  is  used  in  a 
number  of  senses,  among  others,  the  following: 

First:  The  act  of  adapting  to  a  given  purpose;  orderly  regulation 
or  arrangement;  as  to  the  adjustment  of  a  part  of  a  watch. 

Second:  The  state  of  being  adjusted;  a  condition  of  adaptation; 
orderly  relation  of  parts  or  elements. 


A  Source  Book  of  tin   University  of  Texas  609 

Third:  That  which  serves  to  adjust  or  adapt  one  thing  to  another 
or  a  particular  service,  as  the  adjustments  of  constitutional  govern- 
ment. 

Definitions  could  be  multiplied,  but  it  is  believed  that  the  above 
represent  the  meaning  of  this  term,  from  which  it  will  be  difficult  to 
get  the  idea  that  "adjustment"  is  synonymous  with  the  term  "in- 
crease". 

Formerly  appropriations  for  these  institutions  were  made  in  lump 
sums  leaving  to  the  managing  boards  plenary  authority  to  appoint 
officers,  employ  teachers  and  fix  their  salaries,  b\it  the  Legislature 
in  response  to  the  demand  of  the  dominant  political  party  of  the 
State  made  in  its  platform  at  El  Paso  in  1914,  ceased  lump  sum 
appropriations  and  has  begun  to  itemize  these  bills,  fixing  very 
definitely  the  salaries  for  the  different  positions  and  definite  amounts 
for    the   different   purposes   named. 

There  is  nothing  in  the  context  to  aid  in  the  interpretation  of 
this  phrase  and  nothing  in  the  journal  that  sheds  light.  The  present 
Legislature  is  the  first  one  to  employ  this  phrase  with  reference  to 
contipgent  fund  appropriations;  hence  there  has  not  and  could  not 
have   attached    to   this    any    particular    meaning. 

In  the  absence  of  a  journal  reference  to  this  subject  we  have 
endeavored  to  arrive  at  the  sense  in  which  the  Legislature  used  this 
phrase  from  the  discussion  before  the  committee  just  before  and  at 
the  time  the  bill  was  under  consideration  and  the  understanding 
of  members  of  the  Committee  and  representatives  of  these  different 
institutions  who  were  present  and  participated  in  the  discussion. 

It  is  insisted  by  members  of  the  Committee  that  this  contingent 
fund  was  not  to  be  used  to  increase  the  salaries  of  teachers  beyond 
the  maximum  allowed  in  the  bill  for  each  teacher.  An  example 
given  by  them  is  as  follows,  which  illustrates  their  idea  of  the 
meaning  of  this  phrase:  that  is,  if  a  department  such  as  the  Depart- 
ment of  English  in  one  of  these  institutions  had  one  full  professor 
at  a  salary  of  say  $1800.00  a  year  and  one  adjunct  professor  at  a 
salary  of  $1500.00  per  year  and  it  became  necessary  to  promote 
the  adjunct  professor  to  a  full  professor,  the  salary  would  have  to 
be  adjusted  and  the  $1500.00  raised  to  $1800.00,  and  that  this  fund 
could  be  drawn  from  to  pay  the  $300.00  required.  Wo  thus  get  an 
idea  of  the  meaning  attached  to  this  phrase  by  members  of  the 
appropriation  committee  of  the  Legislature. 
They  further  say: 

"The  committee  (the  appropriation  committee)  discussed  the  item 
of  salary  adjustment,  additional  teachers,  etc,  and  allowed  a  Bum 
for  this  purpose.  It  was  the  intention  of  the  committee  thai  this 
fund  should  be  used  for  incidentals  for  paying  the  salaries  <>f  addi- 
tional teachers  or  for  adjusting  any  differences  between  the  maxi- 
mum  and   the  minimum   salaries   allowed   to    teachers.      It    was   the 

39 — 227 


610  University  of  Texas  Bulletin 

opinion  of  the  committee  that  this  fund  should  not  be  used  to  in- 
crease the  salaries  of  teachers  beyond  the  maximum  allowed  in  the 
bill  for  each  teacher." 

I  requested  a  similar  statement  from  the  President  of  the  Uni- 
versity as  to  his  understanding  of  the  purpose  and  intention  of  the 
Legislature  in  using  this  phrase  "salary  adjustment"  in  the  appro- 
priation bill.  Under  date  of  the  25th  inst.,  he  wrote  me  and  I  quote 
from  his  letter  as  follows: 

"We  are  charging  to  the  item  above  mentioned  the  salaries  in 
full  for  the  new  positions  which  have  been  created  by  the  Board  of 
Regents  since  the  appropriation  bill  was  passed  by  the  Legislature, 
and  for  which  no  appropriation  is  made  in  any  of  the  other  items 
of  the  bill.  In  addition  to  this,  we  are  charging  to  the  item  above 
mentioned  only  those  amounts  which  are  necessary  to  bring  the 
salary  of  any  member  of  the  teaching  staff  up  to  the  level  of  the 
salaries  which  correspond  to  their  respective  ranks.  Such  other  in- 
creases within  respective  ranks  as  have  been  made  by  the  Board  of 
Regents  are  not  chargeable  to  the  contingent  fund  item  referred 
to,  but  are  charged  against  the  matriculation  and  other  fees  paid 
by  the  students  of  the  University.  In  other  words,  we  have  en- 
deavored to  interpret  the  item  mentioned  in  view  of  the  understand- 
ing which  we  had  with  the  legislature  when  this  appropriation  was 
requested,  and  the  money  so  appropriated,  in  so  far  as  it  is  being 
used  at  all,  is  being  used  in  good  faith  in  the  'adjustment'  of  sala- 
ries, and  not  for  the  purpose  of  a  general  increase  of  salaries.  The 
matriculation  and  other  fees  paid  by  the  students  last  year  and 
this  year  are  more  than  enough  to  take  care  of  all  the  salary  in- 
creases, strictly  speaking,  which  have  been  made  by  the  Board,  and 
would,  I  think,  also  be  sufficient  to  take  care  of  all  of  the  items 
mentioned  under  the  contingent  fund  appropriation  now  under  dis- 
cussion, if  it  were  thought  best  to  make  use  of  the  fees  for  this 
purpose.  The  Board  of  Regents  has  adopted  a  system  of  salaries 
and  ranks  in  the  University,  with  a  meximum  and  minimum  figure 
for  each  rank,  and  the  adjustment  referred  to  above  applies  to  the 
carrying  into  effect  of  this  arrangement. 

"In  addition  to  the  above,  may  I  call  your  attention  to  the  fact, 
for  such  influence  as  it  may  have  upon  the  question,  that  of  the 
appropriations  made  for  salaries  to  the  University  for  this  current 
session  by  the  Legislature,  approximately  $70,000.00  remains  un- 
touched at  the  present  time.  This  is  due  to  the  fact  that  the  war 
has  brought  about  a  considerable  decrease  in  the  number  of  students 
in  this  institution,  and  the  positions  left  vacant  by  the  large  number 
of  resignations  and  leaves  of  absence,  also  brought  by  the  war, 
have  not  been  filled  by  the  Board,  but  other  members  of  the  faculty 
have  increased  the  amount  of  work  done  and  have  endeavored  to 
take  care  of  the  situation  adequately.     The  Board  of  Regents  and 


A  Source  Book  of  the  University  of  Texas  611 

administrative  authorities  of  the  University  are  making  every  effort 
to  conduct  the  work  of  the  University  this  year  with  every  possible 
economy,  and  the  saving  above  indicated  represents  only  a  part  of 
■what  the  sum  total  of  saving  will  be  before  the  expiration  of  the 
fiscal  year. 

"Trusting  that  the  above  interpretation  of  the  Act  of  the  Legisla- 
ture meets  with  your  approval  and  assuring  you  of  my  readiness 
to  do  whatever  the  clear  interpretation  of  this  Act  requires,  etc." 

The  view  of  President  Vinson  is  in  accord  with  that  of  members 
of  the  Legislature  wherein  speaking  of  this  contingent  appropriation 
he  says: 

"We  have  endeavored  to  interpret  the  item  mentioned  in  view  of 
the  understanding  which  we  had  with  the  Legislature  when  this 
appropriation  was  requested  and  the  money  so  appropriated  in  so 
far  as  it  is  being  used  at  all  is  being  used  in  good  faith  in  the  ad- 
justment of  salaries  and  not  for  the  purpose  of  a  general  increase  of 
salaries." 

The  Legislature  in  lengthy  detail  has  fixed  the  salaries  to  be  paid 
the  different  officers,  professors,  adjunct  professors,  etc.,  of  these 
institutions  and  if  it  had  intended  to  set  aside  these  contingent 
funds  to  be  used  by  the  managing  boards  to  increase  generally  the 
amounts  of  salaries  stated  in  the  appropriation  bill  it  would  have 
said  so  in  plain  language  authorizing  the  increases,  but  it  did  not 
do  so;  therefore  we  must  give  to  the  phrase  "salary  adjustment" 
some  other  meaning. 

The  phrase  of  course  was  inserted  in  the  bill  for  some  purpose 
and  is  to  be  given  some  reasonable  interpretation,  and  we  have  con- 
cluded that  its  purpose  was  to  enable  the  Boards  of  Managers  of 
these  institutions  whenever  a  teacher  or  professor  or  adjunct  pro- 
fessor should  be  promoted  to  a  higher  position  charged  with  greater 
responsibilities  to  which  the  Legislature  had  attached  a  higher 
salary,  that  this  fund  was  to  be  used,  among  other  things,  to  make 
up  the  difference  between  the  salary  of  the  person  thus  promoted 
and  the  higher  salary  attaching  to  the  position  to  which  he  is  pro- 
moted. In  other  words,  to  illustrate,  take  the  Department  of  His- 
tory in  the  University  appropriation  found  at  page  6  Printed  Act 
of  the  Second  and  Third  Called  Session.  The  Legislature  has  appro- 
priated $3,000.00  per  year  as  salary  for  a  professor  of  American 
History  and  $2200.00  per  year  for  an  associate  professor  of  Ameri- 
can History  and  $1900.00  per  year  for  an  adjunct  professor  of  Latin 
American  and  English  History,  and  $1800.00  per  year  for  an  adjunct 
professor  of  Modern  European  History,  and  $1700.00  per  year  for 
an  adjunct  professor  of  Ancient  History,  etc.  It  is  within  the  dis- 
cretion of  the  Board  of  Regents  to  promote  any  of  these  adjunct 
professors  and  associate  professors  and  instructors  to  professorships 
or  higher  positions,  in  which  event,  this  contingent    fund  could  be 


612  University  of  Texas  Bulletin 

drawn  upon  to  make  up  the  difference  between  the  salary  attaching 
to  the  position  from  which  they  are  promoted  and  the  salary  attach- 
ing to  the  position  to  which  they  may  be  promoted. 

This,  in  our  opinion,  was  what  the  Legislature  meant  by  salary 
adjustment,  and  while  it  may  be  used  to  increase  salaries,  it  is  not 
to  be  primarily  so  used  and  cannot,  in  our  judgment,  be  used 
primarly  for  that  purpose.  To  illustrate  this  point;  take  the  salaries 
attaching  to  full  professors  mentioned  on  the  same  page — for  in- 
stance in  the  Department  of  Government,  to  which  the  Legislature 
has  attached  a  salary  of  $3250.00  per  year;  in  the  Department  of 
Greek  the  Legislature  has  attached  a  salary  to  the  position  of  pro- 
fessor of  $3,000.00;  in  the  Department  of  History  the  sum  of 
$3,000.00;  in  the  Department  of  Home  Economics  $3,000.00;  in  the 
Department  of  Institutional  History  $3250.00,  and  in  the  Depart- 
ment of  Journalism  $3250.00. 

These  salaries  could  not  be  increased  from  this  appropriation 
because  there  is  no  other  position  higher  to  which  a  promotion  could 
be  made  and  an  adjustment  of  salaries  would  not  become  [un]  neces- 
sary. 

We  are  therefore  of  the  opinion  that  these  contingent  funds  were 
not  intended  to  be  used  by  the  Legislature  primarily  to  increase 
salaries  above  the  amounts  fixed  by  the  Legislature,  but  may  be  used 
incidently  wherever  one  holding  a  subordinate  position  is  by  the 
managing  board  elevated  to  a  higher  position  carrying  a  larger 
salary,  in  which  event  this  fund  may  be  used  in  adjusting  the  salary 
to  the  more  responsible  and  important  position. 

We  express  no  opinion  whatever  on  any  question  not  involved  in 
your  inquiry;  that  is,  as  to  the  meaning  of  the  Legislature  in  using 
the  phrase  "salary  adjustments"  in  connection  with  these  appropria- 
tions for  contingent  funds. 

Use  of  the  Available  Fund   to   Organize  and   Maintain  a  Training 

School  for  Automobile  Mechanics  for  the  United  States  Army. 

April  6,   1918.      Letter  Book  219,  pp.  997-998 

B.  F.  Looney  to  President  Robert  E.  Vinson: 

I  have  yours  of  the  5th  instant,  which  reads  as  follows: 
"Dear  Sir:  The  United  States  Department  of  War  has  requested 
the  University  of  Texas  to  organize  and  maintain  a  training  school 
for  automobile  mechanics  for  immediate  service  in  the  United  States 
Army,  and  for  the  training  of  wireless  operators  and  mechanics  for 
approximately  2800  men  at  one  time.  In  order  to  do  this,  it  will 
be  necessary  for  the  Board  to  erect  buildings  and  otherwise  provide 
accommodations  and  equipment  for  this  work.  Through  the  kindness 
of  the  last  called  session  of  the  Thirty-fifth  Legislature  and  of  the 


A  Source  Book  of  fh<   University  of  Tuns  613 

cordial  co-operation  of  the  Adjutant  General  I  have  secured  the  use 
of  the  state  grounds  at  Camp  Mabry  for  this  purpose,  and  have 
called  a  meeting  of  the  Board  of  Regents  of  the  University,  at  the 
direction  of  the  Chairman  of  the  Board,  for  .Monday,  April  8,  at 
10  a.  m.,  in  order  to  arrange  to  finance  the  undertaking.  Will  you 
be  kind  enough  to  give  me  your  opinion  as  to  whether  the  Board  of 
Regents  of  the  University  is  authorized,  under  the  Constitution  and 
the  statutes  of  the  state,  to  use  the'  Available  Fund  of  the  University 
as  appropriated  by  the  Legislature  for  the  biennium,  September  1, 
1917,  to  August  31,  1919,  for  the  above  named  purpose?  It  is  con- 
templated that  the  United  States  Government  will  pay  tuition  for 
the  men  instructed  in  this  school  at  such  rate  as  may  be  agreed  upon 
by  the  War  Department  and  the  Board  of  Regents. 

"I  should  appreciate  very  much  the  courtesy  of  a  reply  in  time  to 
present  your  opinion  to  the  Board  of  Regents  at  its  meeting  on 
Monday,  April  8,  and  shall  be  glad  to  send  a  special  messenger  to 
your  office  on  Saturday  afternoon  to  deilver  your  reply  to  my  office." 

Referring  to  the  above,  I  beg  to  say  that  in  our  conversation  yes- 
terday in  this  office,  in  which  Mr.  Cureton,  my  first  assistant,  partici- 
pated, you  made  substantially  the  same  statement  to  us  verbally  that 
is  s-et  forth  in  your  communication,  copied  above. 

We  discussed  the  matter  loosely  and  in  a  general  way,  but  reach*  <1 
the  conclusion  and  so  told  you,  that  we  could  find  no  legal  objection 
to  the  arrangement,  and,  in  reply  to  your  communication  above,  I 
beg  to  re-affirm  this  opinion. 

I  cannot,  however,  within  the  few  hours  I  have  to  prepare  an 
opinion,  write  one  that  I  care  to  issue  as  a  legal  opinion  of  the  de- 
partment. You  will  understand,  of  course,  that  it  is  one  thing  to 
mentally  form  an  opinion  on  a  law  question  and  quite  another  thing 
to  write  a  legal  document  logically  and  authoritatively  sustaining 
the  opinion.  Appellate  courts  often  take  months  to  prepare  and 
hand  down  opinions  on  questions  of  less  complication. 

So,  under  the  circumstances,  I  will  do  no  more  than  re-affirm,  by 
simple  statement,  my  conviction  that  what  you  seek  to  accomplish 
may  be  legally  done  by  the  Board  of  Regents,  in  the  manner  in- 
dicated. 


614  University  of  Texas  Bulletin 

DECISIONS  OF  THE  SUPREME  COURT 

ENCYCLOPEDIC  DIGEST  OF  TEXAS 

Edited  by  Thomas  J.  Michie,   1910 

Vol.   14,  pp.,   633-634 

H.      UNIVERSITY  LANDS  AND  ENDOWMENT 

The  state  holds  University  lands  as  trustee,  and  patents  issue 
to  purchasers  upon  payment  of  the  purchase  money.  Saunders  v. 
Hart,   57  Tex.  8. 

Payment  of  Purchase  Price — Under  act  1874,  which  requires 
each  applicant  for  the  purchase  of  state  lands  to  pay  one-tenth  of 
the  price  at  the  time  of  making  application,  an  application  unac- 
companied by  such  cash  payment  confers  no  title  on  the  applicant. 
Wanke  v.  Poit,  80  Tex.   591,  16  S.  W.   3  29. 

A  tender  of  such  cash  payment  by  the  applicant's  vendee  six 
years  after  the  application  does  not  validate  the  application.  Wanke 
t.  Foit,  80  Tex.  591,  16  S.  W.  329. 

Act  March  6,  1875,  which  provides  that  settlers  on  certain  state 
lands  shall  not  be  compelled  to  pay  the  amounts  due  thereon  until 
the  termination  of  a  certain  suit,  applies  only  to  the  deferred  pay- 
ments, and  not  to  cash  payments  required  with  each  application. 
Wanke  v.   Foit,    80    Tex.    591,    16   S.  W.   329. 

On  failure  of  the  first  purchaser  of  University  lands  to  comply 
with  the  act  under  which  he  bought  or  the  act  of  March  4,  1875, 
the  land  becomes  subject  to  purchase  by  the  occupant,  but  only  to 
the  occupant.     Parker  v.  Brown,   80  Tex.,   555,  557,  16  S.  W.   262. 

Act  March  4,  1875  (Gen.  Laws  1875,  p.  60),  for  the  relief  of 
purchasers  of  the  university  lands  under  act  August  30,  1856,  who 
had  failed  to  comply  with  their  contracts,  provided  that  if  a  purch- 
aser should  fail  to  pay  the  amount  due  on#  or  before  May  15,  1875, 
his  purchase  should  become  void,  and  his  rights  become  forfeited, 
and  that  then  the  occupant  of  the  land  might  acquire  title,  etc. 
Plaintiff,  having  purchased  the  land  in  question  under  the  act  of 
1856,  and  failed  to  pay  the  amount  due  before  May  15,  1875,  at- 
tempted on  May  22d  to  purchase  under  the  act  of  1875,  but  he  was 
not  then  an  occupant  of  the  land.  Held,  that  he  acquired  no  right 
under  his  purchase,  and,  the  former  sal-e  having  become  void,  on 
his  failure  to  pay,  the  land  was  subject  to  purchase,  under  act  April 
1,  1887.  Gen.  Laws,  p.  83.  Parker  v.  Brown,  80  Tex.  555;  16  S. 
W.    262. 


A  Source  Book  of  the  University  of  Texas  615 

Right  to  Purchase  Money  Under  Contract. — As  against  occu- 
pants of  university  land,  purchaser  of  which  has  failed  to  comply 
with  law,  state  only  has  right  to  purchase  money  under  contract. 
Parker  v.  Brown,   80  Tex.   555,   16  S.  W.   262. 

Endowments. — The  sole  purpose  of  act  April  10,  1883,  Laws 
18th  Leg.  c.  7  2,  p.  71,  providing  that  after  the  debts  provided  for 
in  the  act  of  February  23,  1883,  have  been  paid  from  the  state's 
half  of  the  proceeds  of  the  sales  of  the  lands  therefore  made  or 
thereafter  to  be  made,  the  proceeds  of  one-half  of  the  remainder 
not  to  exceed  two  millions  of  acres,  should  be  set  apart  for  the 
permanent  endowment  of  the  university  of  Texas,  the  other  one- 
half  of  such  remainder  to  go  to  the  support  of  the  common  schools 
as  provided  in  all  the  previous  acts,  was  to  endow  the  university 
with  oue-half  of  the  net  proceeds  of  the  sale  of  two  millions  of 
acres  of  land  in  the  reservation,  provided  that  quantity  should  re- 
main after  the  payment  of  the  debts  provided  for  in  the  former  act 
passed  at  the  same  session;  and  if  not,  then  one-half  of  the  pro- 
ceeds of  so  much  as  should  remain.  Snyder  v.  Compton,  87  Tex. 
374,   28   S.  W.   1061. 

DIGEST  OF  DECISIONS  OF  THE  APPELATE  COURTS 

By  Edmund  Samson  Green 

Vol.  4,  Sections  268-269,  Cols.   9386-9387 

E.      UNIVERSITY    LANDS    AND    ENDOWMENT 

§268.     In  General. 

(a)  Party  who  never  made  one-tenth  cash  payment  provided 
in  act  of  1874,  regarding  sales  of  university  lands,  is  not  purchaser, 
and  cannot  sue  to  recover  land. — Wanke  v.  Foit,  80  Tex.  593,  16  S. 
W.  329. 

(b)  Act  of  March  6,  1875,  for  relief  of  settlers  on  University 
lands,  contemplated  only  deferred  or  credit  payments,  and  did  not 
operate  prospectively  and  render  first  cash  payment  unnecessary. — 
Wanke  v.  Foit,  80  Tex.,  593,  16  S.  W.  329. 

(c)  On  failure  of  first  purchaser  of  university  lands  to  comply 
with  act  under  which  he  bought  or  act  of  March  !.  1875,  land  be- 
comes subject  to  purchase  by  occupant,  but  only  to  occupant. 
Parker  v.  Brown,  80  Tex.  557,  16  S.  W.  262. 

(d)  As  against  occupants  of  university  land,  purchaser  of 
which  has  failed  to  comply  with  law,  state  only  has  right  to  pur- 
chase money  under  contract.  Parker  v.  Brown,  80,  Tex.  557,  558, 
16  S.  W.  262. 


616  University  of  Texas  Bulletin 

Sec.  269.     Endowment 

(a)  Act  of  April  10,  1883,  entitled  ''An  act  to  provide  for  per- 
manent endowment  of"  state  university  had  for  its  sole  purpose 
endowment  of  university  with  one-half  net  proceeds  of  two  million 
acres  in  reservation,  provided  that  quantity  should  remain  after 
payment  of  debts  provided  for  in  act  of  February  23,  1883.  (Laws, 
1883,  p.  15.)      Snyder  v.  Compton,  87  Tex.  379,  28  S.  W.  1061. 


A  Source  Bool-  of  the  University  of  Texas  ' >  1 T 


REPORTS  OF  THE  COMMISSIONER  OF  THE  GENERAL 
LAND  OFFICE 

[The  statistical  portions  of  the  reports  are  summarized  in  Tables  XX 
and  XXL] 

Report  for  1875-1876  by  J.  J.  Groos 

[Exhibit  F,  p.  12,  gives  the  acreage  by  counties  of  the  50  leagues  of  the 
Act  of  1839.     See  report  for  1877-78,  below.] 

Report   for   187G-1877  by  J.  J.   Groos,   p.   4 

"This  county  (Greer)  contains  about  1600  square  miles,  or 
1,224,000  acres;  and  as  its  lands  are  probably  of  a  better  character 
than  any  of  the  other  vacant  lands,  it  should  be  reserved  and  set 
apart  to  constitute  a  portion  of  the  three  millions  of  acres  reserved 
for  the  construction  of  a  new  capitol,  or  the  million  acres  set  apart 
for  the  endowment  of  the  University  of  Texas." 

[Exhibit  P,  as  above.] 

Report  for  1877-1878  by  \\  .  C.  Walsh,  p.    19 

EXHIBIT   F 

University  Lands 

Acreage  of  the  original  50  leagues  by  counties:  Cooke,  22,218 
acres;  Fannin,  39,520  acres;  Grayson,  72,700  acres;  Hunt,  7,544%, 
acres;  Collin,  2,582%  acres;  Lamar,  12,146  acres:  McLennan,  11.- 
193  acres;  Shackelford,  17,420  acres;  Callahan,  4,582  acres.  Total, 
219,906%  acres. 

Report  for  1878-1880,  by  \\  .  C.  Walsh 

UNIVERSITY,  ASYLUM,  AND  SCHOOL  LANDS,   p.   5 

The  State,  now,  has  on  the  market  219,906  acres  of  University 
Land,  407,615  acres  of  Asylum  Lands,  and  nearly  30,000,000  acres 
of  School  Lands.  The  sale  of  these  lands  under  the  present  system 
of  deferred  payments  and  interest,  is  assuming  such  proportions  :is 
to  call  for  a  prompt  remodeling  of  the  present  plan,  and  a  consolida- 
tion of  the  entire  business  into  one  bureau.  This,  of  necessity,  must 
be  connected  with  this  office,  as  here  alone  can  access  be  had  to  the 
maps,  archives  and  records,  but  its  chief  should  be  an  Independent 
bonded  officer,  who  should  make  his  settlements  directly   with  the 


618  University  of  Texas  Bulletin 

Treasury,  and  leave  to  the  Land  Office  proper  the  business  of  map- 
ping, patenting,  etc.  The  present  system  is  cumbersome  and  im- 
poses more  work  on  the  Treasury  and  Land  Office  each,  than  under 
an  amended  plan,  would  devolve  upon  the  proposed  bureau. 

UNIVERSITY  LANDS— NEW,  p.  6 

Title  LXXXI,  Chapter  1,  Article  4022,  4030,  Revised  Statutes, 
required  the  Commissioner  of  the  General  Land  Office  to  appoint 
a  surveyor  or  surveyors,  to  locate  and  survey,  in  sections,  one  million 
acres  of  land  for  the  University  of  Texas.  No  provision  was  made 
for  advertising  for  competitive  bids,  nor  was  the  compensation  fixed. 
To  have  appointed  a  surveyor,  and  paid  the  usual  legal  fee,  would 
have  made  the  cost  of  this  survey  nearly  twenty  thousand  dollars. 
In  the  absence  of  such  specific  legislation,  I  invited,  by  private 
letters,  proposals  for  the  work  from  several  parties,  whose  returns 
to  this  office  indicated  their  fitness.  Ten  bids  were  received,  rang- 
ing from  ten  dollars  down  to  four  dollars  and  twenty-five  cents  per 
section.  This  last  was  the  bid  of  Messrs.  C.  W.  Holt  and  A.  W. 
Thompson,  practical  surveyors,  and  to  them  I  awarded  the  contract. 

They  gave  a  bond  of  ten  thousand  dollars,  and  entered  into  a 
contract  similar  to  the  one  required  of  the  contractor  for  surveying 
the  Capitol  land;  and  further  obligated  themselves  to  pay  an  agent, 
appointed  by  me,  to  examine  and  reject  any  unsuitable  land,  and 
who  should  make  a  sworn  report  upon  the  character  of  the  soil, 
water,  timber  and  grasses  on  the  land  surveyed.  The  contract  was 
faithfully  executed,  and  field  notes,  maps  and  report  are  on  file  in 
this  office.  These  surveys  are  situated  in  Tom  Green,  Pecos  and 
Crockett  counties,  and  embrace  the  best  land  procurable  at  the  time. 

[Exhibit  F  as  above,  p.  22.] 

Report  for  1880-1882,  by  W.  C.  Walsh 

TO  THE  UNIVERSITY  AND  ASYLUM  LANDS  (p.  8) 

may  be  applied,  with  equal  force,  the  suggestions  relating  to  public 
school  lands.  The  one  million  acres  of  university  land,  situated  in 
Tom  Green,  Crocket,  Pecos  and  Presidio  counties,  might  be  yielding 
a  considerable  revenue  if  there  were  any  authority  for  their  lease. 
These  lands  are  now  largely  occupied  by  sheep  and  cattle,  and  the 
owners  of  these  herds  have  repeatedly  written  for  information  as 
to  the  mode  of  getting  control  of  them,  either  by  lease  or  purchase. 

Report  for  1881-1886,  by  W.  C.  Walsh 

UNIVERSITY  LANDS    (p.   10) 
amounting  to  one  million  acres,  were  surveyed  under  authority  of 


A  Source  Book  of  the  University  of  Texas  6]  9 

an  act  of  April  10,  1883,  upon  what  was  then  supposed  to  be  the 
best  of  the  vacant  land  reserved  by  former  act.  Subsequently,  in 
the  adjustment  of  the  Texas  and  Pacific  eighty  mile  reserve  and  cor- 
rection of  surveys,  good  pasture  lands  were  discovered  in  El  Paso 
county,  superior  in  every  respect  to  much  of  the  first  selection.  On 
learning  these  facts  I  consulted  with  the  Regents,  and  through  them 
arranged  for  the  survey  of  sufficient  of  this  land  to  replace  what 
was  found  of  the  original  survey  to  be  sandy  and  in  conflict.  This 
work  has  now  been  completed  and  maps  and  field  notes  of  the 
blocks  returned  and  filed  in  this  office.  It  might  be  well  for  the 
Legislature  to  confirm  this  exchange  and  restore  the  rejected  por- 
tions of  the  first  survey  to  the  reserve. 

All  the  land  of  both  surveys  is  included  in  the  reserve,  not  sub- 
ject to  location,  and  therefore  the  suggested  legislation  would  only 
be  a  selection. 

Report  for  1886-1888,  by  R.  M.  Hall 

SCHOOL,  UNIVERSITY  AND  ASYLUM  LANDS,  p.  4 

The  Act  of  April  1,  1887,  providing  for  the  sale  of  the  school, 
University  and  Asylum  lands,  and  for  the  lease  of  such  lands  and 
of  the  public  lands,  took  effect  on  July  4,  1887,  entailing  upon  this 
department  a  vast  increase  of  labor,  care  and  responsibility.  The 
results  of  its  operation  thus  far  are  briefly  set  forth  in  exhibits  "E" 
and  "P." 

The  requirements  of  the  law  that  these  lands  be  carefully  classified 
and  appraised  before  they  could  be  offered  for  sale  necessitated  h, 
virtual  suspension  of  sales  for  some  months.  In  fact  not  yet  has  the 
classifications  been  sufficiently  advanced  to  meet  all  demands  for 
purchase.  While  the  law  seemed  to  contemplate  and  provide  for 
the  classification  only  of  such  lands  as  were  in  demand  for  In 
diate  purchase,  it  was  discovered,  in  the  very  inception  of  this  work, 
that  it  was  impossible  to  determine  which  lands  were  in  such  de- 
mand. It  was  also  evident  that  the  work  could  be  done  more 
economically  by  being  done  systematically.  Hence  the  classifier 
was  directed  to  complete  the  particular  district  to  which  lie  was 
assigned.  This  necessitated  the  employment  of  a  large  number  of 
men  in  order  to  meet  the  wants  of  every  section  of  the  State  with  as 
little  delay  as  possible.  Up  to  this  date  about  three-fourths  of  these 
lands  have  been  classified  and  placed  up  on  the  market;  and  by  the 
end  of  this  year  not  less  than  twenty-five  mlilion  acres  will  have 
been  offered  for  sale. 

LEASES,   pp.    5-6 

Of  the  two  million  acres  belonging  to  the  University  fund,  only 
77,437  acres  are  leased,  being  a  little  more  than  one-thirtieth  of  the 


620  University  of  Texas  Bulletin 

whole,  while  of  the  school  lands,  more  than  one-fifth  are  under  lease. 

It  is  desired  to  call  secial  attention  to  this,  inasmuch  as  it  is 
evident  that  without  some  modification  of  the  terms  of  the  lease 
of  the  University  lands,  very  little  revenue  will  be  derived  therefrom 
Extraordinary  exertions  have  been  made  to  effect  the  lease  of  these 
lands  under  the  present  law,  but  up  to  this  time  the  results  are  far 
from  satisfactory.  The  amount  of  school  lands  leased,  compared 
to  that  of  University  lands,  presents  a  contrast  which  will  not  be 
understood  by  the  public  without  some  explanation.  It  is  perfectly 
plain,  however,  when  the  circumstances  are  given,  that  these  results 
were  inevitable. 

The  school  lands  alternating  with  other  lands  were  leased  largely 
by  the  owners  of  these  alternates.  When  the  present  law  took  effect, 
the  school  lands,  to  a  great  extent,  were  occupied  by  established 
ranches,  whose  owners  leased  promptly.  Most  of  these  lands  were 
also  in  reach  of  population  and  sufficiently  watered  for  immediate 
and  profitable  use  for  stock-raising.  With  the  University  lands, 
the  conditions  are  totally  different.  They  are  located  in  large  bodies 
and  in  solid  blocks,  so  that  the  lessee  is  compelled  to  pay  for  the 
whole  area  appropriated  to  his  use,  instead  of  the  half  as  in  the 
case  with  school  lands.  The  University  lands  are  without  permanent 
water,  and  for  the  most  part  too  distant  from  water  to  be  utilized. 
They  are  also  remote  from  population.  Th'us  the  school  lands  offer- 
ing superior  inducements  and  attractions  and  being  more  than  suffi- 
cient to  supply  all  immediate  damands  to  lease,  it  is  readily  per- 
ceived that  under  the  present  conditions  other  results  could  not 
reasonably  have  been  expected. 

At  present,  there  seems  to  be  no  demand  for  the  purchase  of  Uni- 
versity lands.  Therefore,  in  order  to  utilize  them  for  the  purpose 
for  which  they  have  been  segregated,  it  is  necessary  to  adopt  one 
of  two  plans,  viz:  Either  the  rental  must  be  reduced  and  the  term 
of  lease  extended  sufficiently  to  induce  private  parties  to  develop 
water  and  otherwise  put  these  lands  in  shape  for  use,  or  else  the 
State  must  provide  the  water  necessary  to  make  them  profitable  and 
available  at  the  price  now  fixed  by  law.  The  latter  plan  is  not  de- 
sirable, even  if  feasible  at  all  with  safety  to  the  State;  hence  it  is 
with  confidence  that  the  recommendation  is  made,  that  the  rental 
of  the  University  lands  be  reduced  to  3  cents  per  acre  per  annum, 
and  the  maximum  term  of  the  lease  extended  to  ten  years.  Another 
solution  still  is  to  place  these  lands  in  the  care  of  the  University 
authorities.  The  regents  of  the  University  are  gentlemen  in  whose 
hands  the  interest  of  that  institution  would  doubtless  be  entirely  safe. 
A  careful  consideration  of  this  matter  may  suggest  the  wisdom  of 
placing  the  University  lands  under  such  control,  by  the  issuance  of 
patents  to  the  Regents  and  their  successors  in  office.     If  this  is  done, 


A  Source  Book  of  the  University  of  Texas  621 

however,  the  rights  of  actual  settlers  who  have  settled  upon  and 
Improved  any  of  these  lands  with  a  view  of  availing  themselves  of 
the  provisions  of  existing  laws,  should  be  provided  for  most  amply. 
Certain  of  these  lands  have  been  occupied  for  years  by  settlers  who 
are  awaiting  the  determination  of  question  of  title.  Such  settlers 
should  be  allowed  to  purchase  upon  such  terms  as,  reasonably,  they 
had  a  right  to  expect  at  the  date  of  their  settlement. 

"It  is  clearly  against  good  public  policy,  that  any  one  should  be 
allowed  to  appropriate  to  his  own  exclusive  use  lands  belonging  to 
the  State  without  paying  for  the  same.  One  object  of  the  lease  law- 
is  to  prevent  this.  But  it  is  proper,  perhaps,  to  admit  that  the  chief 
object  of  the  lease  of  the  public  lands  is  revenue.  It  is  within  the 
province  of  statesmanship  to  inquire  into  the  workings  and  effect 
of  the  law  up  to  this  time,  with  a  view  of  safely  determining 
whether  or  not  the  interest  of  the  whole  people  and  the  prosperity 
of  the  State  may  not  be  advanced  by  some  modification  of  the  same. 
Prom  experience  as  stated  above,  it  is  demonstrated  that  a  reduction 
of  price  and  extension  of  term  is  necessary  to  secure  the  lease  of 
University  lands." 

[Much  the  same  material  is  to  be  found  in  a  letter  of  Commissioner  Hall 
to  Chairman  Waggener,  June  18,  1888.  Faculty  Report,  S'ession  of  1887-88, 
p.  30.] 

[Exhibits  E  and  F,  p.  14,  give  the  amounts  of  University  land  sold  and 
leased  during  1886-88.] 

Report  for  1888-1890  by  R.  M.  Hall,  pp.  5-6 

for,  just  as  two  years  ago  the  University  lands  seemed 
to  be  in  no  demand  for  purchase.  As  stated  in  my  former  report, 
these  lands  were  removed  from  water  and  are  located  in  the  most 
arid  portion  of  the  State. 

The  recommendations  made  by  me  two  years  ago  that  the  lease' 
price  of  these  lands  be  reduced  to  three  cents  and  the  term  of  the 
lease  extended  to  ten  years  was  adopted  by  the  Legislature.  The 
wisdom  of  their  action  is  now  being  demonstrated.  Exhibit  K 
shows  that  there  are  now  leased  of  the  University  lands  nearly  four 
times  as  much  as  two  years  ago,  and  recently  the  indications  have 
been  that  the  demand  for  these  lands  are  increasing,  and  it  is  hoped 
that  before  another  season  passes  as  large  or  a  larger  proportion  of 
these  lands  than  of  the  school  lands  will  be  paying  a  revenue  to  the 
State. 

The  Act  of  April  8,  1889,  provided  for  the  lease  of  the  unor- 
ganized county  school  lands.  Exhibit  K  shows  that  of  these  the 
State  is  now  receiving  a  revenue  from  half  a  million  acres.  The  law 
gives  the  revenue  derived  from  this  source  to  the  common  schools. 


622  University  of  Texas  Bulletin 

In  consideration  of  the  present  necessities  of  the  University,  and  in 
consideration  of  the  fact  that  the  revenue  from  the  unorganized 
county  school  land  would  only  last  for  a  short  time,  because  they  are 
being  patented  rapidly  to  new  counties,  I  would  suggest  that  the 
above  recited  act  be  so  amended  as  to  give  to  the  University  the 
revenue  derived  from  this  class  of  lands.  The  amount  received  5s 
a  small  item  for  the  common  schools,  but  to  the  University  would 
afford  great  relief.  It  is  hoped  that  in  one  or  two  years  more  the 
University  will  be  deriving  from  her  own  lands  revenue  enough  for 
purposes   of  current   expenditure. 

[Exhibits  H,  I,  J,  K  contain  the  acreage  sold  or  leased  of  University 
lands.] 

Report  for  1890-1892  by  W.  L.  McGaughey 

,  RECOMMENDATIONS,  p.   6 

First.  School,  University  and  Asylum  lands  sold  under  Acts  of 
April  24,  1874,  July  8,  1879,  and  April  6,  1881,  require  judicial 
proceedings  to  forfeit.  As  there  are  many  claims  sold  under  the 
above  acts  upon  which  only  one  or  two  payments  have  been  made 
and  the  State  deriving  no  bene^t^  whatever,  I  recommend  that  an 
appropriation  be  made  to  defray  the  expenses  of  instituting  suits 
for  forfeitures. 

Second I  .     recommend    that    purchasers 

of  school,  University  and  asylum  lands,  purchased  under  [the  Act 
of  April  1,  1887],  be  exempted  from  taxation  for  three  years  Dext 
succeeding  their  purchase. 

[Exhibits  A,  C,  F,  G,  H,  and  K,  pp.  7-12,  give  the  leases,  forfeitures,  sales, 
and  unsold  acreages  of  "University  and  asylum"  lands.] 

Report  for  1892-1894  by  W.  L.  McGaughey 

SCHOOL,  UNIVERSITY  AND  ASYLUM  LANDS,  pp.   5-6 

Under  an  act  of  the  Legislature,  which  took  effect  as  a  law  July 
4,  1887,  and  the  acts  amendatory  thereof,  approved  April  8,  1889, 
and  April  29,  1891,  the  School,  University,  and  Asylum  lands  belong- 
ing to  the  State  have  been  classified  into  dry  and  watered,  agricul- 
tural, pasture,  and  timber  lands,  appraised,  and  placed  on  the  market 
for  sale  but  only  to  actual  settlers,  in  quantities  of  not  less  than  80 
.nor  exceeding  640  acres  to  each  settler,  except  in  cases  where  the 
land  is  classed  as  dry  and  purely  pastoral  when  each  settler  will 
be  entitled  to  purchase  not  exceeding  four  sections,  or  2560  acres, 
or  one  agricultural  and  three  dry  grazing  sections.     These  lands  will 


A  Source  Book  of  the  University  of  Texas  023 

be  sold  at  their  appraised  value,  at  not  less,  however,  than  %2  per 
acre  for  dry,  and  $3  per  acre  for  watered.  Timbered  land  will  not 
be  sold  for  less  than  $5  per  acre  casii,  or  the  timber  alone  may  bo 
sold  at  the  appraised  value,  but  at  not  less  than  $2  per  acre.  At 
the  date  of  this  purchase,  the  settler  will  be  required  to  pay  to  the 
State  Treasurer  one-fortieth  of  the  aggregate  purchase  money  (un- 
less the  land  is  classed  as  timbered,  when  he  must  pay  the  whole  of 
the  purchase  money),  and  to  place  with  the  Commissioner  of  the 
General  Land  Office  his  obligation  to  pay  to  the  State  on  the  first  day 
of  November  of  each  year  thereafter,  until  the  whole  purchase 
money  is  paid,  one-fortieth  of  the  aggregate  price  of  the  land,  with 
interest  at  the  rate  of  5  per  centum  per  annum  on  the  whole  unpaid 
balance  of  such  purchase  money.  If  he  fails  to  make  the  annual 
payment  of  interest  in  compliance  with  his  obligation,  he  thereby 
forfeits  his  claim  to  the  land  and  all  payments  thereon  previous  to 
such  failure.  He  also  will  be  required  to  obligate  himself  to  occupy 
as  his  homestead  the  land  sold  to  him,  during  the  three  years  next 
following  the  date  of  his  purchase,  and  will  be  allowed  at  the  end 
of  the  three  years,  on  making  proper  proof  of  such  occupancy,  to 
pay  in  full  for  the  land  and  receive  a  patent  to  the  same,  and  such 
proof  must  be  made  within  one  year  next  after  the  expiration  of  the 
three  years'  occupancy.  Some  of  the  lands  subject  to  sale  under  the 
acts  mentioned  can  be  found  in  nearly  all  the  counties  of  the  State. 
A  statement  of  the  classified  and  appraised  lands  of  each  county  in 
the  State  is  furnished  the  county  clerk,  which  he  is  required  to  place 
on  record  in  his  office,  and  to  have  open  to  public  inspection,  show- 
ing the  lands  for  sale  in  his  county,  the  price  at  which  each  tract 
has  been  appraised  and  can  be  purchaser,  etc.,  and  anyone  will  be" 
furnished  with  all  blank  forms  necessary  to  enable  parties  who  wish 
to  purchase  any  of  the  lands  to  properly  apply  for  them. 

[The   usual    statistics   regarding   the    University    lands    are    to   be    found 
scatteringly  on  pp.  9-17.] 

Reports  for  1894-189C  and  1896-1898  by  A.  J.  linker 

[Contain  only  a  few  references  to  the  University  lands.] 
Report  for  1898-1900  by  Charles  Rogan 

[Contains  only  an  occasional  reference  to  the  University  lands.] 
Report  for  1900-1902  by  Charles  Rogan 
UNIVERSITY  LANDS,  pp.   34-37 

Under  the  Act  of  Congress  of  the  Republic   of  Texas,   approved 
January  26,  1839,  and  an  Act  approved  August  30,  1856,  there  were 


624  University  of  Texas  Bulletin 

surveyed  for  the  State  University  216,805  acres  of  land,  situated  as 

follows: 

In  what  county  situated  No.  of  acres 

Collin 2,&78 

Cooke    '. 21,820 

Callahan    7,551 

Fannin    35,967 

Grayson    74,818 

Hunt     8,252 

Lamar     13,177 

McLennan 34,541 

Shackelford    17,801 

Total 216,805 

The  Constitution  of  187  6  granted  to  the  University,  from  tho 
public  domain,  1,000,000  acres.  This  land  was  surveyed  for  it  by 
Barton  and  Thompson  in  187  9,  and  it  is  situated  as  shown  in  the 
following  table: 

No.  of  block  No.  sections              County  situated 

1   and  2  36   each  Tom  Green  and  Upton 

3  and   4  3  6   each  Upton 

5  36  Crockett  and  Upton 

6  36  Upton  and  Tom  Green 

7  35  Crockett  and  Tom  Green 
8,  9,  10,  11            36   each  Tom  Green 

12  36  Crockett  and  Tom  Green 

13  9  Crockett 

14  20  Crockett  and  Upton 

15  18  Upton 

16  '36  Pecos 

17  12  Pecos 

18  36  Pecos 

19  20  V2  Pecos 

20  14  Pecos 

21  22  Pecos 

22  18  Pecos 
23,    24  36  each                      Pecos 

25  12  Pecos 

26  24  Pecos 

27  14  Pecos 

28  7  Pecos 
29,    30,    31                 36   each  Crockett 

32  18  Crockett 

33  20  Crockett 


A  Source  Book  of  the  University  of  Z\  625 


No.  of  block 

'  No.  sections 

County  situated 

34 

24 

Pecos 

35 

36 

Pecos 

36 

12 

Pecos 

37 

24 

Pecos 

38,    39 

30 

each 

Crockett 

40,    41 

30 

each 

Crockett  and 

Irion 

42 

24 

Crockett 

43 

25 

Crockett,  Tom  Green  anc 

44 

25 

Crockett 

45,    46 

30 

each 

Crockett 

47 

25 

Crockett 

48 

25 

Crockett  and 

Tom  Green 

49 

15 

Crockett  and 

Tom  Green 

50 

15 

Crockett 

51 

18 

Crockett 

52 

25 

Crockett  and 

Schleicher 

53,    54 

25 

each 

Schleicher 

55 

25 

Crockett  and 

Schleicher 

56 

23% 

Crockett  and 

Schleicher 

57 

25 

Schleicher 

58 

32 

Tom  Green  and  Upton 

Total 1,539 

From  the  above  statement  it  is  shown  that  there  was  not  sur- 
veyed for  the  University  enough  land  by  15,040  acres. 

An  Act  approved  April  J,  1883,  authorized  the  survey  for  the 
University  of  another  1,000,000  acres  from  the  public  domain.  The 
contract  for  making  the  survey  under  this  act  was  let  to  two  sur- 
veyors, viz:  Mr.  O.  W.  Williams  and  Capt.  Dennis  Corwin,  who 
made  returns  of  their  work  to  the  Commissioner  of  the  General  Land 
Office  in  1886. 

Their  reports  show  that  if  either  of  them  did  any  surveying  at  all 
it  was  by  running  only  certain  base  lines.  Their  report  shows  a 
survey  of  this  land  into  blocks  containing  a  number  of  sections,  but 
there  are  no  field  notes  for  each  of  these  sections  or  blocks  and  no 
established  corners.  I  am  at  a  loss  to  know  why  such  a  report  of 
what  was  evidently  a  chimney  corner  survey  of  so  much  land,  and 
of  such  great  importance  both  to  the  University  and  to  the  State, 
would  be  received  and  filed  by  the  Commissioner,  much  loss  to  give 
the  same  his  approval  by  causing  a  plat  thereof  to  be  made  on  the 
official  maps.  Until  this  land  is  properly  surveyed  and  sectionized, 
the  boundaries  of  the  several  blocks  definitely  located  on  the  mound, 
and  field  notes  written  and  filed  for  each  of  the  sections,  Bhowing 
where  all  the  monuments  on  the  ground  have  been   established,    it 

40 — 227 


626  University  of  Texas  Bulletin 

is  going  to  be  a  constant  source  of  annoyance  to  the  University 
authorities.  And  until  a  proper  survey  is  made  and  such  field 
notes  are  written  and  filed  none  of  this  land  can  ever  be  sold  or 
patented. 

The  blocks  purported  to  have  been  surveyed  and  sectionized  by 
Mr.  O.  W.  Williams  are  situated  and  described  as  shown  in  the  fol- 
lowing list: 


No.  block 

No. 

section 

Count 

A,  B,  D, 

E, 

F, 

G, 

H,  J, 

K, 

L 

48 

each 

El  Paso 

C 

54 

El  Paso 

I 

24 

El  Paso 

M 

90 

El  Paso 

N 

60 

El  Paso 

O 

16 

• 

El  Paso 

Total 

724 

Returns  made  by  Capt.  Dennis  Corwin  of  land  surveyed  by  him 
Bhow  it  to  be  described  and  situated  as  shown  in  the  following  list: 


No. 

block 

: 

Mo. 

section 

County 

1 

38 

Andrews 

2 

9 

i 

Andrews 

3 

15 

Andrews 

4, 

5 

42 

each 

Andrews 

6 

49 

Andrews  and  Martin 

7 

43 

Andrews  and  Martin 

8 

18 

Andrews 

9 

48 

Andrews 

10, 

11 

,    12 

36 

each 

Andrews 

13 

48 

Andrews 

14 

26 

Ward 

16 

36 

Ward 

17 

41% 

Ward 

18 

42 

Ward 

19 

28 

Loving 

20 

48 

Loving  and  Winkler 

21 

48 

Winkler 

30 

48 

Crane  and  Upton 

31 

48 

C/ane 

35 

14 

Crane  and  Ector 

46 

48 

El  Paso 

48 

24 

El  Paso 

Total 911  y2 


A  Source  Book  of  the  University  of  Texas  627 

According  to  the  above  showing  the  total  number  of  acres  sur- 
veyed by  Messrs.  Williams  and  Corwin  amounted  to  1,087,152  or 
87,152  acres  more  than  was  authorized  by  the  Act  of  1883.  The 
quantity  of  land  shown  to  have  been  granted  to  and  surveyed  for 
the  University  by  virtue  of  the  authority  hereinbefore  cited,  and  as 
described  in  the  foregoing  lists,  is  that  reported  free  from  conflict. 
The  reports  show  a  much  greater  acreage  surveyed,  but  all  that  in 
excess  of  the  total  amount  stated  in  the  recapitulation  below  is  in 
conflict  with  older  surveys.  Neither  is  the  amount  supposed  to  be 
in  conflict  with  an  old  Spanish  grant,  Block  L,  situated  on  the  Rio 
Grande  in  El  Paso  County,  included  in  the  total  amount  shown. 

Recapitulation 

Surveyed   under  Acts  of  1839  and  1856 216,805  acres 

Surveyed  by  authority  of  the  Constitution 984,960  acres 

Surveyed  under  Act  of  1883 1,087,917  acres 

Total 2,289,682   acres 

Report  for  1906-1908  by  J.  J.  Terrell 

'  LA  PRIETA  GRANT — LAND  FRAUDS,  p.  7-8 

Is  this  a  valid  grant? 

If  it  is  not,  that  should  be  known;  if  it  is,  its  validity  should  be 
established.  There  is  no  evidence  of  its  existence  among  the 
archives  of  this  department.  It  embraces  325  leagues,  or  1,439,100 
acres,  in  El  Paso  county,  and  covers  school  land,  University  land, 
and  private  land.  A  letter  addressed  to  the  Governor  of  Chihuahua, 
Mexico,  brought  a  reply  that  no  record  of  this  grant  was  found 
among  the  archives  at  Chihuahua.  In  an  abstract  of  title  now  in 
circulation  the  boundaries  of  the  grant  are  given  ....  The 
abstractor's  certificates  ....  are  given  as  "The  Empire 
Title  Insurance  Company  by  James  R.  Smith"  ....  County 
of  Harris.  One  who  claims  to  know  reports  that  there  is  no  such 
abstract  company  in  Harris  county  ....  Under  this  abstract 
operators  are  selling  section  so  and  so,  block  so  and  so     .      .  If 

the  law  is  not  sufficient  to  reach  those  who  deal  fraudulently  in 
land,  it  should  be  so  made. 

Report  for  1908-1910  by  J.  T.   Robison 

LA  PRIETA  LAND  GRANT,   p.    11-12 

[Quotes  from  the  1906-08  Report  and  proceeds  as  follows:] 

This  was  a  matter  of  such  importance  that  it  was  deemed  proper 
that  some  investigation  be  made.     Accordingly,  I  went  to  M«  v 


628  University  of  Texas  Bulletin 

the  early  part  of  the  summer  of  1909.  The  authorities  of  our  sister 
republic  extended  every  courtesy  and  rendered  much  assistance  in 
the  investigation.  The  cities  of  Juarez,  Chihuahua,  Durango,  City 
of  Mexico,  Guadalajara,  Torreon  and  Zacatecas  were  visited  and 
records  examined.  Nothing  was  found  which  relates  to  this  grant. 
If  it  is  a  good  title  it  ought  to  be  established.  If  there 
is  no  title  that  fact  should  be  known,  and  those  dealing  with  it 
should  be  stopped  from  placing  additional  clouds  upon  the  State 
school  land  and  University  land. 

Report  for  1912-1914  by  J.  T.  Robison 

UNIVERSITY  LAND,  pp.  12-13 

The  University  and  A.  and  M.  College  have  about  2,000,000  acres 
of  unsold  land.  It  is  situated  in  the  counties  of  Andrews,  Crane, 
Crockett,  Culberson,  Gaines,  Dawson,  Ector,  El  Paso,  Irion,  Loving, 
Martin,  Pecos,  Terrell,  Schleicher,  Reagan,  Upton,  Ward,  and 
Winkler. 

This  land  is  leased  for  stock  grazing  purposes.  From  it  last  year 
the  receipts  were  $152,929.09,  according  to  remittances  made  to 
this  Department,  or  an  average  of  a  fraction  more  than  seven  and 
a  half  cents  per  acre.  This  may  be  used  for  the  current  expenses  of 
those  institutions,  and  it  is  the  only  source  of  revenue  with  which 
to  provide  buildings  for  the  University.  The  Constitution  demands 
the  Legislature  to  provide  for  the  sale  of  this  land.  It  is  understood 
the  reason  the  Board  of  Regents  for  the  University  has  not 
heretofore  provided  for  the  sale  is  because  the  interest  rate  carried 
by  the  securities  in  which  the  proceeds  may  be  invested  under  the 
law  is  so  low  that  sales  would  not  be  so  profitable  as  leases.  In 
this  connection  it  may  be  stated  that  I  have  been  over  most  all  of  this 
land  and  it  is  my  opinion  it  could  be  sold  for  such  a  price  under 
the  present  system  of  selling  school  lands  that  the  cash  payment 
could  remain  in  the  Treasury  uninvested  and  the  interest-bearing 
notes  given  for  the  balance  of  the  purchase  price  would  bring  more 
revenue  to  those  institutions  than  is  now  obtained  under  the  lease 
system.  In  addition  to  this,  the  land  would  bring  taxes  to  the 
counties  of  the  State  and  afford  homes  of  one  section  (640  acres) 
each  to  3,125  homeless  families. 

Another  tentative  suggestion  may  be  indulged  relative  to  the  dis- 
position of  the  University  land,  even  though  that  may  involve  an 
amendment  to  the  Constitution,  namely:  Let  the  State  capitalize 
these  2,000,000  acres  at,  say  five  dollars  per  acre,  and  take  them 
over  as  State  land  in  exchange  for  the  State's  bonds  for  $10,000,- 
000.00  bearing,  say  ten  per  cent  interest.  This  would  produce  a 
revenue  of  $1,000,000.00  annually.     It  should  be  provided  that  this 


A  Source  Book  of  the  University  of  Texas  6:29 

sum  could  be  used  for  either  current  operating  expenses  of  the  two 
institutions  or  for  the  erection  of  buildings.  To  do  this  the  Stato 
would  not  have  to  pay  out  a  dollar  for  the  bonds. 

In  this  manner  the  State  could  take  over  the  University  land  and 
sell  it  on  long  time  to  homeless  families.  The  proceeds  from  the 
Bale,  after  the  State  had  taken  over  these  lands,  could  be  appro- 
priated to  any  purpose  that  might  seem  wise  to  the  Legislature.  If 
it  were  given  to  the  University  and  A.  and  M.  College  fund,  that, 
together  with  the  interest  on  the  bonds,  would  give  each  institution 
about  $600,000.00  for  each  year,  if  it  were  divided  equally  between 
the  two.  One  may  say  that  sum  and  that  rate  of  interest  would  be 
more  than  the  land  is  worth.  The  answer  to  that  suggestion  is  this: 
Since  the  State  has  to  support  these  schools  by  taxation,  what  differ- 
ence does  it  make  how  the  money  is  obtained  if  it  is  fair  and  legiti- 
mate, and  besides,  in  this  manner  the  biennial  political  row  over 
appropriations  for  these  schools  would  be  largely  eliminated. 

However,  the  matter  of  disposing  of  the  funds  is  merely  incidental 
to  the  main  consideration  of  selling  the  land.  While  the  State  and 
private  parties  have  a  right  under  the  law  to  hold  large  bodies  of 
land,  it  is  not  believed  to  be  good  policy  for  either  to  do  so.  An 
individual  has  the  same  right  to  hold  land  for  enhancement  in  value 
because  of  a  neighbor's  industry  that  the  State  has  to  hold  land  or 
to  permit  it  to  be  held  for  the  benefit  of  an  institution. 

To  withhold  these  lands  from  sale  so  that  they  will  yield  no  taxes 
Is  an  injustice  to  the  citizenship  of  the  counties  in  which  they  are 
located.  So  long  as  the  land  is  not  sold  justice  to  the  counties  de- 
mands that  the  leases  should  be  taxed  for  county  purposes,  to  some- 
what compensate  for  the  increased  tax  rate  which  must  be  levied 
upon  their  property  in  order  to  make  up  for  the  untaxed  University 
land.     In  some  counties  this  increased  rate  is  a  bit  burdensome. 


630 


University  of  Texas  Bulletin 


REPORTS  OF  THE  COMPTROLLER  OF  PUBLIC 
ACCOUNTS 


[These  reports  contain  tabular  bookkeeper's  statements  of  receipts,  dis- 
bursements, and  balances.  See  Tables  XVII,  XVIII  for  systematic  sum- 
mary.] 

Report  for  Tabular  statements 

1858-1859      University  Fund,  pp.  3,  4 

1860-1861      University  Fund,  pp.  5,  6,  7,  18. 

1863-1866      University  Land  Sales,  pp.  6,  7,  14,  15 

1867-1869  University  Fund,  pp.  12,  13,  64,  65;  University  Land 
Sales,  pp.  14,  15,  64,  65. 

1869-1870  University  Fund,  pp.  42-43;  University  Land  Sales,  pp. 
44-45. 

1870-1871      University  Fund,   p.    14,   University  Land   Sales,  p.    14. 

1871-1872  University  Fund,  pp.  8,  9;  University  Land  Sales,  pp. 
8,  9. 

1872-1873  University  Fund,  pp.  16,  17;  University  Land  Sales, 
pp.  16,  17. 

1873-1874  University  Fund,  p.  26;  University  Land  Sales,  p.  26, 
Special  Report. 

1874  Doubtful  Assets,  University  Fund,  p.   3. 

1874-1875  Debt  of  Doubtful  Validity  University  Fund,  p.  4,  Spe- 
cial Report. 

1875-1876  Doubtful  Accounts,  p.  8,  University  Land  Sales,  p.  21, 
University   Fund,    p.    2  3. 

1876-1878     University  Fund,  p.   14;    University  Land  Sales,   p.   12. 

1879-1880  University  Fund.  pp.  3,  4,  30;  University  Land  Sales, 
pp.   11,  30. 

1880-1882  University  Permanent  and  Available  Funds,  Land  Sales, 
and  Expense  Account,  pp.  3,  3,  2,  3,  7, 

18  82-1883  University  Permanent  and  Available  Funds,  p.  16;  Uni- 
versity Expense,  p.  18. 

1883-1884      University  Permanent  and  Available  Funds,  p.  14. 

1884-1886      University  Permanent  and  Available  Funds,  pp.  7.  6. 

1886-1887      University  Permanent  and  Available  Funds,  p.  5. 

1887-1888      University  Permanent  and  Available  Funds,  p.  5. 

1888-1889      University  Permanent  and  Available  Funds,  p.  5. 

1889-1890      University  Permanent  and  Available  Funds,  p.  5. 

1890-1891     University  Permanent,  p.  5;  Available,  pp.  5,  30. 

1891-1892      University  Permanent,  p.  6;  Available,  pp.  6,  38. 

1892-1893      University  Permanent,  p.  6;  Available  pp.  6,  40. 

1893-1894      University  Permanent,  p.  6;  Available,  pp.  6,  35. 

1894-1895     University  Permanent,  p.  6;  Available,  pp.  6,  33. 


A  Source  Book  of  the  University  of  Texas  631 

Report  for  Tabular  Statements 

1895-1896  University  Permanent,  p.  5;  Available,  pp.  5,  36, 

1896-1897  University  Permanent,  p.  5;  Available,  pp.  5,  35. 

1897-1898  University  Permanent,  p.  5;  Available,  pp.  5,  6,  36. 

1898-1899  University  Permanent,  p.  5;  Available,  pp.  5,  6,  38. 

1899-1900  University  Permanent,  p.  5;  Available,  pp.  5,  6,  36. 

1900-1901  University  Permanent,  p.  6;  Available,  pp.  6,  7,  36. 

1901-1902  University  Permanent,  p.  22;  Available,  pp.  22,  23,  53. 

1902-1903  University  Permanent,  p.  7;  Available,  pp.  7,  8,  39. 

1903-1904  University  Permanent,  p.  24;  Available,  pp.  20,  33,  35. 

1904-1905  University  Permanent,  p.  11;  Available,  pp.  7,  20,  22. 

1905-1906  University  Permanent,  p.  17;  Available,  pp.  13,  22. 

1906-1907  University  Permanent,  p.  9;  Available,  pp.  5,  14,  20. 

1907-1908  University  Permanent,  p.  9;  Available,  pp.  5,  14,  19. 

1908-1909  University  Permanent,  p.  8;  Available,  p.  8. 

1909-1910  University  Permanent,  p.  23;  Available,  pp.  25,  26. 

1910-1911  University  Permanent,  p.  27;  Available,  pp.  30,  32. 

1911-1912  University  Permanent,  p.  41;  Available,  pp.  45,  50. 

1912-1913  University  Permanent,  p.  24;  Available,  pp.  27,  31. 

1913-1914  University  Permanent,  p.  26;  Available,  pp.  29,  31. 

1914-1915  University  Permanent,  p.  8;  Available,  pp.  10,  11. 

1»15-1916  University  Permanent,  p.  8;  Available,  p.  10. 

Report  for  1873-1874  by  S.  H.  Darden 

DOUBTFUL  ACCOUNTS 

There  are  several  accounts  carried  upon  the  books  of  this  depart- 
ment, the  validity  of  which  is  doubtful:  to  determine  which  will 
require  a  legislative  enactment.  By  referring  to  the  statement  of 
the  State  debt  it  will  be  observed  that  the  State  is  chargeable  to  the 
State  University  Fund  in  the  sum  of  $134,472.26  covered  by  five  per 
cent  bonds.  These  bonds  were  issued  under  an  act  approved  Novem- 
ber 12th,  1866,  as  an  indemnity  for  United  States  bonds  and  interest 
belonging  to  that  Fund,  and  transferreed  to  revenue  account  for  the 
general  purposes  of  the  government  in  February,  1860. 


Report  of  1879-1880  of  S.  H.  Darden.  p.   I 

Attention  is  also  called  to  the  item  $10,300.41,  in  "Comptroller's 
Certificate  of  Debt,"  appearing  to  the  credit  of  "University  Land 
Sales  Account."  This  certificate  of  indebtedness  was  issued  to  that 
fund  by  the  Comptroller,  W.  L.  Robards,  June  S,  1865,  in  lieu  of  a 
like  amount  of  State  Warrants  which  had  been  paid  in  to  the  credit 
of  that  fund  for  the  purchase  of  University  lands,  under  act  of 
December  13,   1863.     These  warrants   were   destroyed,   and   the   in- 


632  University  of  Texas  Bulletin 

debtedness  of  the  State  to  the  University  Fund  recognized  by  the 
Comptroller,  by  the  issuance  of  the  Certificate  of  Debt. 

This  subject  was  mentioned  in  the  annual  report  from  this  office 
for  the  fiscal  year  ending  August  31,  1874,  and  in  subsequent  re- 
ports suggesting  that  some  action  be  taken  by  the  Legislature  to 
determine  the  validity  of  the  credit  which  appears  to  be  a  just 
claim  upon  the  State  in  favor  of  the  University  Fund.  Recognizing 
this  debt  and  the  further  debt  of  $134,472.26,  reported  as  debt  of 
doubtful  validity,  the  Texas  University  Fund  will  have  to  its  credit 
August  31,   1880,  as  follows,  viz: 

Five  per  cent  State  bonds $    75,400.00 

Six  per  cent  State  bonds 175,500.00 

Seven  per  cent  State  bonds 63,000.00 

Five  per  cent  State  bonds,   quoted  as   of 

doubtful    validity 134,472.26 

Comptroller's   Certificate   of   Debt 10,300.41 

Cash    2,563.23 

Total $461,235.90 

The  above  $134,472.26  were  twelve  year  bonds  and  matured  Jan- 
uary 1,  1879.  Interest  on  these  bonds  to  date  of  maturity — twelve 
years — amounts  to  $80,683.35.  If,  however,  interest  is  allowed  from 
the  date  of  maturity  up  to  time  of  payment  which  would  seem  to  be 
just,  there  would  be  to  August  31,  1880,  $11,206.01  additional  interest, 
making  total  interest  on  said  bonds  to  August  31,  1880,  $91,889.36, 
which,  added  to  the  above  $461,235.90,  would  show  to  the  credit  of 
the  University  Fund,  $553,125.26.  Of  this  amount,  $93,495.91  is 
interest  on  permanent  fund,  already  on  hand  invested  in  bonds,  and 
$91,889.36  interest  due  on  bonds  quoted  as  of  doubtful  validity, 
making  total  derived  from  interest  and  therefore  subject  to  appro- 
priation, $185,385.27.  Recognizing  this  class  of  indebtedness  here- 
tofore quoted  as  of  doubtful  validity,  with  interest  on  same,  th-j 
University  Fund  stands,  August  31,  1880,  as  follows: 

Principal    $367,739.99 

Interest    185,385.27 

Should  the  above-named  amounts  of  $134,472.26,  and  $10,300.41 
due  the  University  Fund,  together  with  the  $82,168.82  due  the 
School  Fund,  mentioned  elsewhere,  be  recognized  as  valid  debts,  the 
bonds  and  certificate  of  debt  representing  the  above  amounts  could 
be  substituted  by  manuscript  bonds  for  like  amount  and  the  interest 
due  appropriated  from  the  general  revenue. 

No  mention  is  made  here  of  the  notes  held  by  this  fund  for  the 
sale  of  lands.  The  money  derived  from  this  source  is  invested  as 
fast  as  paid  into  the  treasury,  thereby  increasing  from  time  to  time 
both  the  permanent  and  available  funds. 


A  Source  Book  of  tlie  University  of  Texas  633 


REPORTS  OF  THE  STATE  BOARD  OF  EDUCATION  AND 

OF  THE  STATE  SUPERINTENDENT  OF 

.PUBLIC  INSTRUCTION 

Report   [Second]   of  State  Board  for  1879-80,  pp.  10-11 

Provision  being  made  for  elementary  and  high  schools,  the  next  and 
final  and  crowning  work  of  our  educationay  system  should  be 

A   STATE  UNIVERSITY 

for  which  the  fathers  in  their  wisdom  made  ample  provision. 
While  this  may  not  be  deemed  a  subject  for  consideration  or 
recommendation  upon  the  part  of  the  State  Board  of  Education,  yet  so 
profoundly  impressed  is  the  board,  of  the  importance  of  the  subject, 
and  of  the  necessity  of  immediate  action  in  reference  to  the  Fame, 
that  it  feels  constrained  to  submit  to  the  honorable  L< 
some  brief  suggestions  in  reference  to  the  matter.  Assuming  that 
the  State  will  redeem  her  bonds  issued  Nov.  12.  1866,  for  $134,- 
47  2.26,  borrowed  from  the  university  fund,  for  account  of 
revenue,  we  have  for  the  establishment  and  support  of  an  university 
the  sum  of  $558,745.53.  In  addition  to  this,  we  have  1,000.000 
acres  of  university  land,  which,  if  leased  at  three  cents  per  acre 
per  annum,  would  yield  an  annual  revenue  of  $30,000. 

The  first  question  to  be  considered  is:  Have  we  sufficient  funds 
to  proceed  at  once  to  the  establishment  of  an  university?  In  no  par- 
ticular is  the  extravagance  of  the  times  more  apparent  than  in  me 
profitless  expenditure  of  money  in  the  erection  of  elaborately  orna- 
mented public  institution  of  learning.  It  is  verily  giving  atones 
instead  of  mental  food  to  the  children.  We  recognize  the  fad  thai 
grand  and  beautiful  public  buildings  are  both  pleasing  and  Instruc- 
tive to  the  public  taste,  but  the  more  important  considerations  in 
reference  to  the  purpose  of  the  building  should  not  be  made  sub- 
ordinate to  architectural  beauty,  nor  to  a  vain  pride  in  a  grand  and 
imposing  edifice.  Brick  and  mortar,  however  beautifully  wrought 
into   towering   and    lofty   columns,    do   not   make   an    university. 

It  is  the  auxiliary  appliances,  such  as  apparati  and  libraries,  and 
above  all  it  is  pedagogical  talent  thai  make  an  university  attrac- 
tive and  successful.  And  in  bidding  for  this  professional  talent  we 
will  come  in  competition  with  old  and  richly  endowed  literary  in- 
stitutions, hence  highly  remunerative  salaries  must  be  offered,  which, 
owing  to  our  limited  funds,  necessitates  the  observance  of  the  most 
rigid  economy  in  expenditures  for  a  building. 

In  Gecmany  and  other  portions  of  Europe,  some  of  the  besl  uni- 
versity corporations  have  no  grand  university  building.  Either 
ordinary  apartments  are  leased  for  lecture  rooms,  or  a  lecture  room 


634  University  of  Texas  Bulletin 

is  provided  for  and  made  a  part  of  the  residence  of  each  professor. 
If  it  should  be  deemed  best  to  have  a  central  or  main  university 
building,  it  is  estimated  that  a  building  sufficiently  commodious 
and  substantial  can  be  erected  at  a  cost  of  $150,000.  For  appar- 
atus and  library,  which  may  and  will  be  increased  from  time  to 
time,  there  should  be  an  original  appropriation  of  $80,000.  For 
other  purposes,  such  as  the  purchase  of  furniture  and  geological, 
mineralogical,  botanical  and  zoological  specimens,  there  should  be 
an  appropriation  of  say  $15,000.  These  estimates  give  as  a  total 
expenditure  for  the  building  and  furnishing  the  same  the  sum  of 
$245,000. 

The  available  university  fund  is  $185,385.27.  This  exceeds  the 
estimated  amount  necessary  for  the  construction  of  the  building  by 
$35,385. 

If  the  honorable  Legislature  should  deem  it  advisable  to  inaug- 
urate the  enterprise,  and  should  provide  for  its  speedy  completion, 
it  would  perhaps  be  three  years  from  date  before  the  building 
would  be  finished;  in  the  meantime  there  will  have  been  an  accum- 
ulation of  interest  to  the  amount  of  $7  6,000,  which  added  to  the 
$35,385,  our  surplus  of  the  building  fund,  gives  $111,385,  which 
exceeds  the  estimated  expenditures  for  the  purchase  of  furniture 
and  needful  appliances  by  $16,385.  Three  years  hence  it  is  esti- 
mated that  the  annual  revenue  from  the  permanent  cash  fund 
will  be  $30,000;  to  this  add  $15,000,  estimated  annual  revenue 
from  tuition  fees,  and  we  have  for  support  of  a  faculty  and  for  con- 
tingent expenses  the  sum  of  $45,000,  which  it  is  believed  would 
be  sufficient  to  meet  such  expenses,  at  least  for  a  few  years. 

Should  we  be  able  to  lease  our  university  lands  at  three  cents 
per  acre,  this  would  give  us  an  additional  revenue  for  current  ex- 
penses of  $30,000,  and  in  that  event  the  revenue  from  the  fund 
would  be  sufficient  to  meet  all  expenses  and  obviate  the  necessity  of 
raising   revenue  by  charging  tuition   fees. 

The  second  question  to  be  considered  in  reference  to  this  matter 
is:  Do  the  educational  interests  of  the  State  demand  the  speedy 
establishment   of   an   university? 

This  question  may  be  briefly  and  affirmatively  answered  by  stat- 
ing that  not  less  than  five  hundred  young  men  and  young  women 
go  annually  from  Texas  to  seek  superior  educational  advantages 
offered  by  the  colleges  and  universities  of  other  States.  The  pe- 
curniary  loss  to  the  State  from  this  source,  to  say  nothing  of  the 
loss  f  rom  the  depreciating  influence  brought  to  bear  on  the  sentiment 
of  State  pride,  is  not  less  than  $250,000. 

Believing  that  sufficient  funds  are  at  the  command  of  the  honor- 
able Legislature  to  justify  the  inauguration  of  this  great  work, 
and  realizing  the  necessity  for  sueh  an  institution,  the  Board  of 
Education    respectfully   and    earnestly    recommend   such   legislation 


A  Source  Book  of  the  University  of  Texas  635 

as  may  be  deemed  necessary  for  the  early  establishment  and  libeial 
maintenance  of  a  university  that  shall  be  the  pride  and  glory  of 
our  State. 

O.  M.  Roberts,  Governor  and  ex-officio  President;  John  D.  Tem- 
pleton,  Secretary  of  State;  O.  N.  Hollingsworth,  Secretary  State 
Board    of    Education;    Stephen    H.    Darden,    Comptroller. 

Report  [Fifth]  for  1885-1886,  by  B.  M.  Baker 

•  SECONDARY  EDUCATION.      Pp.   12-13 

I  believe  that  in  this  day  the  character  of  its  public  schools  will 
determine  how  far  a  State  has  advanced  in  civilization.  An  intense 
desire  for  the  ultimate  success  of  the  public  schools  of  Texas  makes 
me  bold  to  call  attention  to  a  much  mooted  and  very  important 
subject.  It  has  not  yet  been  carefully  considered  by  any  Legisla- 
ture so  far  a's,  I  know",  "but  there  is  no  reason  for  longer  delay.  The 
object  of  providiug'-fYee  tuition  for*  the  child  is  to  fit  him  for  intel- 
ligent citizenship;  to  'enable  him  to  participate  in  the  privileges 
of  a  citizen  and  discharge  the  duties  incumbent  upon  him  as  a  mem- 
ber of  society.  It  is  rather  a  duty  the  government  owes  to  itself 
than  to  the  child.  This  added  to  the  fact  that  without  free  schools 
a  great  number  of  the  people  would  be  reared  in  ignorance  of  the 
privileges  and  duties  of  citizenship  I  conceive  to  be  the  only  argu- 
ment in  support  of  a  free  school  system.  Just  how  far  the  E 
should  go  in  thus  preparing  a  child  is  a  question  of  much  moment. 
Shall  the  line  be  drawn  at  what  is  commonly  termed  secondary 
education,  or  shall  the  high  school,  having  in  its  curriculum  the 
higher  mathematics,  the  sciences,  and  Latin  and  Greek.be  supported? 
Is  the  high  school  necessary  to  mould  the  character  of  citizenship 
mentioned?  I  believe  not.  A  thorough  knowledge  of  orthography, 
penmanship,  reading,  English  grammar,  geography,  arithmetic, 
and  English  composition,  I  believe  amply  sufficient  for  the  purpose 
indicated.  A  knowledge  of  the  branches  taught  in  the  high  school 
may  better  prepare  one  for  advanced  thought  and  exalted  position. 
but  they  are  not  necessary  to  the  performance  of  the  simple  duties 
appertaining  to  the  citizen.  If  what  is  termed  the  higher  edu 
is  bestowed  at  the  public  expense  the  poor  as  well  as  the  rich  are 
taxed  to  bestow  it.  The  children  of  these  poor  seldom  go  tin 
the  high  school,  no  matter  if  the  tuition  is  free,  because  when 
ready  for  the  branches  taught  in  it  they  have  arrived  ;ii  the  age  of 
breadwinners  and  must  work.  Those  who  attend  the  high  school 
are  as  a  rule  (and  there  are  few  exceptions  to  the  rule),  t ho  sons 
and  daughters  of  people  who  are  so  fortunate  as  to  he  able  to  edu- 
cate their  children  at  private  schools.  The  high  school  therefore  is 
In    fact   a    school    only   for   the    fortunate    lew    while    the    man 


636  University  of  Texas  Bulletin 

taxed  for  its  support.  Drawing  as  it  does  largely  from  the  school 
fund,  its  teachers  being  paid  higher  salaries  than  other  teachers, 
the  terms  of  the  primary  and  intermediate  schools  are  shortened 
and  the  State  is  debarred  from  the  privilege  of  increasing  the  schol- 
astic age.  They  thus  keep  out  of  the  schools  children  under  eight 
and  over  sixteen  years  whose  education  the  State  has  made  itself  re- 
sponsible for,  and  cause  the  government  to  fail  to  comply  with  the 
constitutional  provision  declaring  that  a  term  of  six  months  shall 
be  maintained.  These  are  potent  reasons  against  the  maintenance 
of  high  schools,  but  they  are  not  more  potent  than  the  simple  one 
first  stated:  "the  state  does  not  owe  the  child  the  character  of 
education  they  bestow." 

Report   [Sixth]    for  1887-1888,  by  O.  H.  Cooper 

THE   UNIVERSITY  OF  TEXAS.      Pp.    33-35 

This  institution,  founded  by  the  Republic,  preserved  and  en- 
dowed by  the  successive  constitutions  of  the  state,  and  organized 
within  the  present  decade,  deserves  well  of  the  state.  It  opens  the 
way  to  liberal  education  and  to  special  training  in  some  lines  to 
the  aspiring  youth  of  the  state,  and,  in  so  far  as  it  holds  up  the 
true  standard  of  education,  tends  to  raise  the  general  standard  of 
culture  and  intelligence.  The  institution  is  still  in  its  infancy, 
yet  its  good  effect  is  already  perceptible.  As  I  said  in  the  Inter- 
national Review,  in  November,  1880,  before  the  University  was 
organized:  "Great  results  can  not,  indeed,  be  expected  at  once, 
for  early  growth,  if  wholesome  and  enduring,  must  be  slow  and 
gradual.  The  influence  indirectly  exerted  in  moulding  public  opin- 
ion, in  elevating  the  standard  of  culture,  and  in  unifying  and  in- 
vigorating the  state  system  of  public  instruction,  might  be  very 
great  from  the  beginning;  the  more  direct,  deeper,  and  more  abid- 
ing influence  resulting  from  the  training  and  loyal  devotion  of  a 
large  number  of  the  best  minds  in  the  commonwealth,  will  come 
later  and  more  slowly,  but  it  will  come.  May  we  not  hope  that  an 
institution  so  nobly  endowed  and  so  sacredly  guarded  as  this  has 
been  by  the  State  of  Texas,  will  be  so  wisely  organized,  so  ably 
administered,  and  so  generously  sustained,  as  to  become  not  only 
an  honor  to  the  state,  a  blessing  to  the  present  and  the  future,  and 
a  strong  aid  to  the  progress  of  civilization,  but  also  ultimately  one 
of  the  foremost  American  universities?" 

It  cannot  be  doubted  that  the  expected  development  of  the  uni- 
versity has  been  unnecesarily  retarded  by  two  causes:  the  misman- 
agement of  its  landed  endowment,  and  the  want  of  an  executive 
head  clothed  with  proper  authority.  The  immense  landed  endow- 
ment of  the  university  under  the  management  of  the  state,  which 


A  Source  Book  of  the  University  of  Texas  637 

has  retained  the  control  of  the  lands,  although  it  had  created  a 
board  of  regents  to  control  the  institution,  has  been  practically 
unproductive.  The  annual  income  from  this  source  might  have 
been  at  least  $50,000,  if  opportunities  for  lease  offered  several 
years  ago  had  been  accepted.  It  is  difficult  to  comprehend  the  rea- 
sons for  a  policy  which  has  thus  robbed  this  institution  of  an 
income  which  its  needs  have  imperatively  demanded.  Such  a 
university  as  Texas  needs  and  expects  to  possess,  requires  a  large 
annual  outlay,  even  after  its  buildings  have  been  erected,  its  libra- 
ries supplied,  and  its  laboratories  and  museums  properly  equipped. 
The  annual  income  of  the  University  of  Virginia  is  nearly  one 
hundred  thousand  dollars,  that  of  the  University  of  Michigan  li 
more  than  two  hundred  thousand  dollars.  Virginia  appropriates 
thirty  thousand  dollars  a  year  from  the  general  revenue  to  support 
its  university,  and  Michigan  gives  fifty  thousand  dollars  annually  to 
its  state  university.  Yet  these  institutions  have  extensive  build- 
ings, ample  libraries,  splendid  museums,  and  all  the  costly  equip- 
ments needed  by  great  institutions;  while  almost  any  one  of  the 
twenty  or  more  buildings  belonging  to  Yale  or  Harvard  has  cost 
more  than  the  whole  of  the  University  of  Texas.  The  policy  of  neg- 
ative interference  pursued  by  the  state  toward  this  institution  must 
be  abandoned,  if  we  are  ever  to  build  up  a  real  "university  of  the 
first  class." 

A  grave  defect  in  the  law  organizing  the  university  was  the  ab- 
sence of  a  provision  for  an  executive  head.  No  university  of  the 
highest  order  has  been  built  up  in  America  which  was  not  largely 
the  work  of  the  guiding  and  inspiring  mind  of  its  head..  The  Uni- 
versity of  Virginia  is  not  an  exception,  for  it  was  moulded  and  fash- 
ioned by  Thomas  Jefferson,  who  though  not  the  nominal,  was  yet 
the  real  head,  of  the  institution,  and  the  University  of  Virginia  is 
the  only  institution  of  the  highest  class  in  this  country  which  did 
not  have  in  its  early  years  an  actual  president.  As  was  said  in 
1880:  "The  first  president  of  the  University  of  Texas  should  be 
pre-eminently  an  organizer.  He  should  be  conversant  with  the 
best  systems  of  university  organization  in  Europe  and  America.  He 
should  be  alive  to  the  growing  demands  which  the  present  age  is 
making  for  higher  culture,  and  be  able  to  so  arrange  the  work  of 
instruction  as  to  fulfill  the  just  expectations  of  an  enlightened 
public  opinion.  He  should  also  be  familiar  with  the  needs  of  the 
state,  and  in  full  accord  with  the  state  system  of  public  Instruc- 
tion, of  which  the  university  should  be  the  strongest  support  and 
the  chiefest  glory." 

It  can  not  be  doubted  that  the  want  of  such  an  officer  has 
greatly  retarded  the  development  of  the  University  of  Texas.  And 
such,  I  believe,  is  also  the  opinion  of  the  members  of  the  Board  of 
Regents. 


638  University  of  Texas  Bulletin 

The  Agricultural  and  Mechanical  College,  the  technical  branch 
of  the  university,  has  been  generally  fostered  by  the  State,  and  is 
now  better  equipped  than  the  university  proper.  It  is  doing  excel- 
lent work,  and  is  an  invaluable  element  in  the  development  of  the 
state.  The  prosperity  of  this  institution  is  doubtless  in  a  large 
measure  due  to  the  appropriations  for  its  necessities  made  from 
the  general  revenue;  and  this  fact  indicates  the  desirability  of 
appropriations  from  this  source  to  the  main  university  at  Austin. 
This  institution  requires  additional  room,  several  important  pro- 
fessorships, and  a  large  increase  in  its  library,  and  provision  should 
be  made  now  for  the  amount  necessary  to  complete  the  main  building, 
ing. 

Faculty  Report  for  1886-1887,  pp.   125-165. 

[This  faculty  report  seems  never  to  have  been  printed  separately.] 
Regents'  Report  to  the  Board  of  Education,  pp.  121-124;  314-331. 

Report  [Seventh]  for  1889-1890,  by  O.  H.  Cooper 

HIGHER  INSTITUTIONS.      Pp.  vii,  viii,  xxv 

Two  of  the  higher  institutions  of  learning  established  by  the 
State  are  required  by  law  to  report  to  the  State  Board  of  Education. 
These  are  the  University  of  Texas  and  the  Sam  Houston  Normal 
Institute. 

To  both  of  these  institutions  generous  grants  in  money  have  been 
made  by  recent  legislatures,  and  they  have  thus  been  enabled  to 
increase  their  buildings  and  improve  their  facilities.  The  attend- 
ance of  students  in  both  of  these  institutions  has  steadily  increased; 
the  University  enrolled  307  last  year,  and  the  Sam  Houston  Nor- 
mal Institute  313,  the  last  being  the  highest  enrollment  yet  at- 
tained by  any  of  our  State  institutions. 


The  defects  in  the  organization  of  the  State  University  become 
more  and  more  manifest  as  the  institution  grows.  They  can  easily 
be  remedied  by  increasing  the  number  of  the  Regents  and  provid- 
ing for  a  Chancellor  or  President 

Graduates  of  the  foremost  institutions  in  the  country  who  desire 
to  teach  in  our  public  schools,  as  well  as  teachers  of  long  exper- 
ience and  high  culture  are  compelled  to  accept  annual  certificates, 
which  fail  to  indicate  their  real  standing  in  their  chosen  profession. 
The  result  is  that  many  of  our  best  teachers  are  driven  out  of  the 
work  of  which  they  would  be  the  brightest  ornaments.  In  this 
connection,  it  is  suggested  that  a  chair  of  pedagogy  in  our  State 
University  would  be  useful  to  the  profession  of  teaching  in  the 
State.     We  should  have  some  institution  in  the  State  which  would 


A  Source  Booh  of  the  University  of  Texas  639 

prepare  high  school  teachers  and  scholarly  county  and  city  super- 
intendents. Most  State  universities  realize  the  value  of  pedagogical 
training  and  make  provision  for  it.  Such  a  chair  well  filled  would 
attract  many  students  of  the  highest  character  to  our  University. 

Faculty   Report,    session   of   1888-18S9,   pp.,    93-114. 

Regent's   Report,    Receipts  and   Disbursements,   pp.,    114-135. 

Faculty   Report,    1889-1890,    pp.,    255-279. 

Report  [Eighth]  for  1891-1892,  by  J.  M.  Carlisle 

Page  27 


It  affords  me  pleasure  to  refer  to  the  University  of  Texas,  as  a 
magnificent  school  of  liberal  education,  to  say  nothing  of  its  pro- 
fessional schools,  and  to  commend  the  wise  management  and  com- 
prehensive work  of  this  great  institution.  The  policy  of  approving 
certain  of  the  public  high  schools,  admitting  graduates  therefrom 
to  the  University  without  examination,  is  to  be  warmly  endorsed. 

In  this  way  the  University  is  most  happily  connected  with  the 
other  branches  of  the  public  school  system  of  which  it  is  designed 
to  be  the  crowning  glory.  Thus  the  youth  of  Texas,  while  receiv- 
ing instruction  the  State  undertakes  to  afford  them,  as  a  necessary 
means  of  self  protection  and  future  security,  are  encouraged  to 
prepare  themselves  for  that  deeper,  broader,  larger  culture  to 
which  the  University  invites  them.  It  is  proper  in  this  connection 
to  call  attention  to  the  report  of  the  Board  of  Regents,  and  to  ex- 
press the  pleasure  it  affords  me  to  say  that  the  University  is 
steadily  growing  in  public  confidence,  extending  its  faciltes,  and  in- 
creasing its  usefulness.  Last  year  the  Department  of  Medicine  was 
opened  at  Galveston,  and  the  School  of  Pedagogy  added  at  Austin. 
It  is  hoped  that  the  Legislature  will  continue  to  deal  with  this  in- 
stitution in  that  broad  and  patriotic  spirit  that  has  made  possible 
its  present  development  and  prosperity. 

Extract  giving  receipts  and  disbursements  for  1890-91  from  the 
Regents  and  Faculty  report,  pp.   163-164. 

Report  of  the  Board  of  Regents  for  1892  to  the  State  Board  of 
Education,  pp.  563-586.  This  report  contains  the  material  also  to 
be  found  in  the  Regents  and  Faculty  reports  of  the  same  date. 

Report  [Ninth]  for  1893-94,  by  J.  M.  Carlisle 

HIGHER  STATE  INSTITUTIONS.      Pp.  xxx-xxxi 

Elsewhere  I  have  noted  the  great  success  and  remarkable  growth 
of  the  Sam  Huston  Normal  Institute.  I  need  not  here  repeat  what 
is  there  said. 

The   University    of   Texas    is   enjoying   a    prosperous   year.      The 


640  University  of  Texas  Bulletin 

attendance  upon  all  of  its  departments  shows  a  marked  increase, 
as  Is  shown  by  the  following  comparison:  The  enrollment  in  the 
Main  University  is  at  this  time,  the  middle  of  the  school  year, 
twenty-five  per  cent  larger  than  it  was  for  the  whole  of  last  year. 
The  enrollment  in  the  Main  University  and  the  Medical  Depart- 
ment is  at  this  time  thirty-nine  per  cent  larger  than  it  was  for 
the  last  school  year.  The  University  is  growing  in  efficiency  and 
public  favor.  But  there  is  practical  unanimity  upon  the  proposi- 
tion that  the  University  should  have  an  executive  head,  a  presi- 
dent elected  by  the  Regents  and  clothed  with  the  powers  necessary 
to  the  proper  administration  of  the  affairs  of  the  University.  This 
is  necessary  to  insure  the  highest  success  in  University  work. 

It  is  further  agreed  that  the  University  must  have  increased 
revenues.  It  is  understood  that  the  Regents  will  ask  the  Legisla- 
ture to  levy  a  small  State  tax  for  the  support  of  the  University.  I 
believe  that  something  of  this  kind  is  necessary,  and  the  measure 
proposed  has  proved  to  be  very  satisfactory  in  some  other  States 
where  it  has  been  tried.  Hence,  I  wish  to  give  it  my  endorsement. 
No  tax  payer  would  be  burdened  by  the  tax,  and  the  benefits  to 
the  State  in  thousands  of  unseen  forms  would  multiply  with  in- 
creasing years,  until  the  influences  of  the  University  would  reach 
and  help  every  section  and  interest  and  citizen  of  the  State.  Civili- 
zation and  education  are  above  price. 

I  have  been  pleased  to  note  that  the  Regents  and  the  Faculty 
have  continued  and  broadened  the  policy  of  establishing  for  the 
University  close  relations  with  the  public  schools,  by  admitting 
without  examination  graduates  of  approved  high  schools  and 
teachers  holding  State  certificates  of  the  first  grade. 

President  A.  S.  Draper,  of  the  University  of  Illinois,  in  the  in- 
augural address  to  which  I  have  elsewhere  referred,  uses  the  fol- 
lowing language  in  defining  the  mission  of  that  institution: 

"It  is  to  articulate  sharply  with  the  public  school  system  of 
which  it,  itself,  constitutes  the  highest  grade.  It  is  to  be  a  student 
of  public  school  problems.  It  is  to  gather  up  the  world's  exper- 
ience and  most  advanced  thought  concerning  the  construction  of 
buildings,  the  training  of  teachers,  the  courses  of  work,  and  the 
development  of  minds.  Learning  the  truth,  it  should  speak  it. 
It  should  not  speak  in  a  far  away,  autocratic,  disinterested  fashion. 
It  should  walk  upon  the  earth,  among  people  who  yet  live  in  body 
and  amid  circumstances  that  are  not  ideal  but  real.  It  should  be 
sympathetic  at  all  times,  and  helpful  whenever  it  can  be.  It 
should  be  alert  in  the  interest  of  all  the  children,  the  dearest  pos- 
sessions of  the  people,  whose  intelligent  training  is  the  greatest 
concern  of  the  State." 

Believing  that  the  views  expressed  by  President  Draper  are  cor- 
rect, I  am  pleased  to  note  the  growing  sympathy  between  the  Uni- 


A  Source  Book  of  the  University  of  Tuns  641 

versity  of  Texas  and  the  public  schools.  The  effects  of  this  grow- 
ing sympathy  have  already  begun  to  be  felt,  both  in  the  University 
and  in  the  schools. 

Report  [Tenth]   for  1895-00,  by  J.  M.  Carlisle 

THE  STATE  UNIVERSITY.      Pp.   lii-liii 

The  State  University  should  have  its  department  of  Pedagogy 
with  its  competent  corps  of  instructors,  with  all  necessary  equip- 
ments and  appliances,  and  with  an  interest  and  an  enthusiasm  in 
popular  education  commensurate  with  the  great  work  which  the 
University  may  do  in  this  direction.  It  is  gratifying  to  know  that 
the  president  of  the  University  is  thoroughly  in  favor  of  the  organi- 
sation of  a  permanent  and  efficient  Department  of  Pedagogy  in 
the  University  of  Texas,  and  it  is  hoped  that  the  day  is  not  far 
distant  when  such  a  department  will  have  its  doors  wide  open 
to  young  men  and  young  women  of  this  State,  who  are  thirsting 
for  the  advantages  of  such  a  course,  in  order  that  they  may  ef- 
fectively perform  their  duties  as  teachers  in  the  schools  of  our 
State. 

The  University,  since  the  adjournment  of.  the  last  Legislature,  has 
been  called  to  mourn  the  loss  of  one  of  the  most  prominent  mem- 
bers of  the  faculty.  Dr.  Leslie  Waggener,  who  died  unexpectedly 
last  summer  while  in  Colorado.  Dr.  Waggener  was  one  of  the  first 
members  of  the  faculty,  and  had  been  with  the  University  as  pro- 
fessor of  English  from  the  opening  of  that  institution  to  the  date 
of  his  death.  For  many  years  he  was  chairman  of  the  faculty  and 
the  recognized  head  of  the  University.  The  announcement  of  his 
death  was  read  with  deepest  sorrow  in  all  the  educational  circles 
in  Texas  and  in  college  and  university  circles  throughout  the  country. 
,  The  regents  last  summer  selected  as  president  of  our  State 
University  Dr.  George  T.  Winston,  at  that  time  president  of  the 
University  of  North  Carolina.  Dr.  Winston  accepted  the  position 
and  has  entered  upon  the  discharge  of  his  duties.  He  baa  been  cor- 
dially welcomed  by  the  teachers  and  by  the  people  generally.  He 
has  entered  with  spirit  upon  an  effort  to  popularize  the  University 
and  bring  it  into  cordial  relations  with  all  the  educational  Interests 
of  the  State.  He  has  made  a  favorable  impression  upon  those  he 
has  met  and  there  is  a  general  belief  that  a  period  of  great  growth 
and  prosperity  is  upon  the  University. 

But  the  University,  like  our  other  educational  Interests,  is  suf- 
fering from  lack  of  adequate  financial  support.  The  University 
evidently  needs  much  in  the  way  of  additional  buildings.  Hut  the 
Constitution  prohibits  either  taxation  or  appropriation  from  the 
general  revenue  to  provide  buildings,  evidently  Intending  that  they 
should   be  supplied   from  the  revenues  arising   from    the    university 

41 — 227 


642  University  of  Texas  Bulletin 

lands  and  permanent  funds.  But  if  adequate  appropriations  from 
the  general  funds  to  pay  the  running  expenses  are  not  made  and 
the. regents  are  forced  to  use  the  revenues  arising  from  the  per- 
manent funds  to  defray  running  expenses,  how  can  the  necessary 
buildings  ever  be  built?  The  Ninth  Report  of  this  Department 
recommended  the  levy  of  a  small  tax  on  property  to  give  the  Univer- 
sity a  permanent  source  of  revenue  for  current  expenses.  This  re- 
commendation is  here  repeated.  The  University  ought  not  to  be 
compelled  to  depend  upon  the  appropriations  to  be  made  at  each 
biennial  session  of  the  Legislature  for  its  support.  The  president 
and  the  regents  should  be  able  to  plan  for  a  longer  period  than  two 
years.  It  is  impossible  for  them  to  plan  wisely  and  broadly  without 
planning  for  a  longer  period. 

The  school  of  pedagogy  has  been  suspended  for  the  current  year, 
much  to  the  regret  of  many  friends  of  the  University.  Whatever 
may  have  been  the  causes  that  led  to  this  action,  and  it  is  assumed 
that  they  were  most  urgent,  it  was  a  step  apparently  backward,  and 
has  had  a  depressing  influence  upon  the  good  name  of  the  State  in 
educational  circles  abroad  and  among  some  of  its  best  friends  at  home. 
It  may  be  a  mere  coincidence,  but  it  seems  rather  significant  that 
the  University  had  its  greatest  increase  in  attendance  the  first  year 
after  the  Department  of  Pedagogy  was  established,  and  that  this 
year,  when  the  Department  of  Pedagogy  is  suspended,  the  atten- 
dance is  less  than  it  was  last  year.  However,  there  is  every  reason 
to  believe  that  the  department  will  be  reopened  next  year.  President 
Winston  has  unhesitatingly  and  publicly  declared  himself  cordially  in 
favor  of  reopening  the  department.  Furthermore,  it  is  interesting 
to  know  that  he  favors  strengthening  the  department  and  broadening 
its  work. 

It  is  suggested  that  the  Legislature  could  do  the  University  great 
service  by  making  a  special  appropriation  for  the  department  of 
Pedagogy  and  authorizing  the  State  Board  of  Education  and  the 
members  of  the  Legislature  to  appoint  two  hundred  students  to 
the  University,  requiring  them  to  take  the  courses  in  Pedagogy  and 
such  other  courses  as  they  should  choose,  and  requiring  them  also 
to  teach  in  the  public  schools  after  leaving  the  University.  This 
method  of  preparing  teachers  has  some  very  decided  advantages 
over  sending  them  to  a  normal  school.  Our  State  normal  school 
does  not  claim  to  do  college  work.  It  is  not  the  object  of  the  in- 
stitution. Its  requirements  for  admission  are  very  low.  The  sat- 
isfactory completion  of  its  first  year's  work  gives  the  pupil  a 
second-grade  certificate.  The  satisfactory  completion  of  the  second 
year's  work  gives  him  a  first-grade  certificate.  The  satisfactory 
completion  of  the  third  and  last  year's  work  gives  him  a  diploma. 
Thus  the  course  at  Sam  Houston  only  carries  the  student  one  year 
beyond    the   requirements   for   a   first-grade   certificate.      It   is   un- 


A  Source  Book  of  the  University  of  Texas  643 

necessary  to  say  that  it  is  impossible  for  this  course  to  give  deep 
or  thorough  scholarship  in  the  great  divisions  of  learning.  But 
the  University  requirements  for  admission  begin  about  where  the 
Sam  Houston  Normal's  third  year's  course  begins.  The  teacher, 
therefore,  who  takes  his  A.  B.  diploma  and  completes  the  course 
in  pedagogy  at  the  University  has  added  at  least  three  years  of 
study  to  the  graduation  requirements  at  the  State  Normal.  This 
is  evidently  the  best  preparation  he  can  obtain,  and  our  high 
schools  are  almost  limited  for  their  supply  of  really  well  qualified 
high  school  teachers  to  those  who  have  had  such  preparation  in 
this  State  or  elsewhere.  Unhappily,  Texas  does  not  supply  the 
demand  for  teachers  of  these  high  qualifications,  and  many  of  our 
high  school  teachers  come  from  abroad,  while  many  high  schools 
employ  teachers  not  well  furnished  for  their  work.  There  is  no  use 
to  which  the  Legislature  could  devote  $15,000  or  ?20,000  in  a  way 
to  produce  better  results  thah  by  adopting  the  suggestion  of  a 
special  appropriation  for  the  Department  of  Pedagogy  and  providing 
for  State  scholarships  in  that  department. 

REPORT   OP  THE   STATE   UNIVERSITY.      P.    352 

The  Regents  of  the  University  have,  in  compliance  with  the  re- 
quirements of  the  statute,  submitted  to  this  Department  a  report 
of  the  University  for  the  last  year. 

The  report  is  one  of  much  interest  and  of  great  value,  displaying 
a  clear  conception  of  the  true  place  of  the  University  in  our  educa- 
tional system,  and  showing  a  firm  hold  upon  the  problems  con- 
fronting the  University.  The  needs  of  the  institution  are  outlined 
in  a  strong  way,  and  the  appeal  for  liberal  support  is  made  with 
skill  and  power. 

The  publication  of  the  very  full  and  able  report  of  the  Regents 
made  to  the  Governor  renders  it  unnecessary  to  print  the  report 
made  to  this  Department;  but  it  is  desired  here  to  record  an  ac- 
knowledgment of  the  receipt  of  the  document  and  proper  recognition 
of  .its  value. 

Those  who  may  wish  to  see  the  Regent's  published  report  will 
be  able  to  secure  a  copy  by  addressing  the  President  of  the  Uni- 
versity, Dr.  Geo.  T.  Winston.  Calalogues  and  information  of  every 
kind  concerning  the  University  can  also  be  obtained  by  addressing 
the  President. 

SUMMER  SCHOOL  OP  METHODS.      Pp.   349-351 

[This  school   was  held  in  University  buildings,  June   19   to   July   14.     Tt 
had  a   faculty   of  sixteen;   David    P.    Houston    taught    civics,    and    M 
Callaway   save  five  lectures   on    English    In    the   high  Forty    men 

and   138    women    enrolled.      A   model    high    school    was    conducted.      In    his 
report   Principal  W.   S.   Sutton   recommended  that   the  school    bi 
at  the  expense  of  the  State;   that  some   distin^ni  from   out 

of  the  State  he  employed;  and  that  the   time  be   len  •    cur- 

riculum broadened.] 


644  University  of  Texas  Bulletin 

i 

Report    [Eleventh]    for   1897-1898,   by  J.   M.   Carlisle 

THE  UNIVERSITY  OF  TEXAS.     Pp.  lxii-lxiii 

The  State  University  is  now  what  its  original  founders  intended 
it  should  be,  the  head  of  the  public  school  system.  This  institution 
is  gaining  in  material  equipment  and  in  educational  force.  The 
main  building  at  Austin  has  been  enlarged,  as  originally  proposed, 
by  the  erection  of  the  east  wing.  The  cost  of  this  addition  was 
more  than  forty  thousand  dollars.  The  Medical  Department  at 
Galveston  has  been  greatly  improved  through  the  donation  by  Hon. 
Geo.  W.  Brackenridge  of  an  elegant  dormitory  for  women. 

The  regents  have  added  very  much  to  the  financial  support  of 
the  University  by  the  wise  management  of  its  lands.  With  this 
increase  of  funds  the  regents  have  been  enabled  to  extend  and 
strengthen  the  work  of  the  University  in  various  directions.  All 
of  the  improvements  and  evidences  of  substantial  progress  can  not 
be  mentioned;  but,  as  a  representative  of  the  public  schools  of  the 
State,  I  desire  to  commend  in  the  highest  terms  the  re-establish- 
ment of  the  School  of  Pedagogy,  and  to  express  the  hope  that,  by 
the  beginning  of  the  coming  school  year,  this  school  will  be  ex- 
panded into  a  Department  of  Teaching.  The  University  should 
furnish  to  the  public  schools  many  teachers,  each  of  whom  would 
be  a  power  for  good  'in  the  educational  work.  The  teachers'  de- 
partment of  the  University  ought  to  be  enlarged,  and  in  place  of 
having  two  professors  it  ought  to  have  at  least  a  dozen.  They 
ought  to  afford  every  means  necessary  to  make  this  department 
the  equal  of  any  similar  department  in  America.  Under  its  di- 
rection teachers  should  be  trained  for  the  most  important  posi- 
tions in  the  profession.  Our  cities  should  look  to  the  University 
for  teachers  for  their  high  school  departments.  The  University 
should  furnish  to<  our  cities  and  counties  superintendents  of  the 
broadest  culture  and  the  highest  capacity  for  organizing  all  the 
forces  in  the  cities  and  the  counties  for  the  improvement  of  the 
schools.  If  the  University  is  to  remain  at  the  head  of  the  public 
school  system  of  the  State,  it  must  contribute  largely  to  the  de- 
velopment  of   our   schools. 

The  Legislature  should  make  a  special  appropriation  for  the 
maintenance-  of  a  Department  of  Teaching  of  the  University  of 
Texas,  and  should  provide  for  the  appointment,  by  the  members  of 
the  Legislature,  of  at  least  two  hundred  beneficiary  students,  each 
one  to  receive  assistance  from  the  appropriation  to  the  extent  of 
from  seventy-five  to  one  hundred  dollars  a  year,  upon  condition 
that  he  take  a  thorough  course  in  pedagogy,  and  at  the  same  time, 
take  such  other  courses  as  will  give  him  a  broad  and  liberal  edu- 
cation,  thus   fitting   him   for   the   gravest   responsibilities   that   may 


A  Source  Book  of  tJie  University  of  Texas 

come  to  him  as  a  superintendent  or  a  teacher  in  the  public  schools. 
Each  beneficiary  should  obligate  himself  in  writing,  to  teach  in 
the  public  schools,  if  he  has  an  opportunity,  as  many  years  as  he  is 
a  beneficiary  of  the  State,  or,  in  case  of  failure  to  so  teach,  he 
should  obligate  himself  to  refund  to  the  University  as  much  money 
as  he  receives  in  this  way.  Such  an  arrangement  would  make  this 
department  one  of  the  most  popular  and  at  the  same  time  one  of  the 
most  useful  departments  in  the  University.  Its  influence  would  go 
into  every  section  of  the  State.  The  young  men  and  young  women 
receiving  those  scholarships  would  become  leaders  in  the  educa- 
tional work.  They  would  be  the  life-long  friends  of  our  own  Uni- 
versity. While  this  plan  would  greatly  strengthen  the  public 
schools,  it  would  extend  the  influence  of  the  University  and  con- 
stantly widen  the  circle  of  its  usefulness. 

Regents'  Report  of  December  15,   1898,  reprinted  pp.,  346-355 

THE   SCHOOL   OF   METHODS.      P.    lix 

In  1892  this  Department  organized  a  school  of  methods  at  Gal- 
veston and  one  at  Fort  Worth,  with  Dr.  O.  H.  Cooper  as  conductor 
at  Galveston  and  Superintendent  W.  S.  Sutton  as  conductor  at  Fort 
Worth..  The  attendance  upon  these  schools  was  small,  but  it  was 
the  beginning  of  a  great  work  which  has  been  continued  each  year 
with  increased  interest  and  with  increased  attendance.  Last  sum- 
mer this  work  was  done  in  copnection  with  the  summer  review 
session  of  the  State  University,  and  the  summer  normal  of  the 
State  University — all  three  of  the  organizations  holding  their  ses- 
sions in  the  University  buildings.  The  regents  of  the  University 
will  no  doubt  provide  for  a  continuation  of  the  summer  review 
school  of  the  University.  The  session  of  this  school  should  not  be 
less  than  six  or  eight  weeks.  The  school  of  methods  In  conjunc- 
tion with  this,  or  as  a  separate  organization,  should  be  continued, 
as  the  interest  in  this  division  of  our  institute  work  has  not  at  all 
abated  and  as  it  is  exerting  a  great  influence  in  elevating  the  pro- 
fessional standard  of  the  teachers  of  the  State. 

Report  [Twelfth]   for  1899-1 9<»0,  by  J.  S.   Kendall 

THE   STATE   UNIVERSITY.      Pp.    xxxvi-xxxvii 

The  University  of  Texas  is  a  component  part  of  "The  General  Sys- 
tem of  Education"  demanded  by  the  fathers  of  the  Republic  and 
the  State  more  than  a  century  ago.  Since  its  organization,  in  1883, 
it  has  continued  to  develop  in  the  direction  indicated  by  its  found- 
ers. The  past  year  has  been  marked  by  more  than  tiusua]  growth 
and  development.     The  number  of  young  men  and  women  seeking 


646  University  of  Texas  Bulletin 

its  advantages  have  been  larger  than  ever  before.  Coextensive 
with  this  growth  in  numerical  strength  of  the  student  body,  the 
University  has  expanded  its  courses  and  range  of  studies,  while 
strengthening  and  enlarging  its  faculty  of  instruction. 

In  a  broad  sense,  the  University  proper  of  today  must  be  all  for 
which  the  University  of  a  quarter  of  a  century  ago  stood,  and  it 
must  be  much  more.  While  standing  for  culture  and  sound  schol- 
arship, it  must  speak  in  no  uncertain  terms  on  all  the  great  prob- 
lems which  confront  the  -work  of  education  at  large.  As  a  part 
of  the  public  school  system  the  University  must  be  thoroughly 
articulated  with  the  public  schools,  of  which  it  forms  the  highest 
grade. 

The  University  of  Texas  is  making  commendable  efforts  to  meet 
all  these  requirements.  It  admits  as  students,  without  entrance 
examinations,  the  graduates  of  all  approved  State  high  schools,  pri- 
vate schools  and  colleges.  Teachers  holding  first  grade  certificates 
are  admitted  without  examination.  It  is  the  policy  of  the  Univer- 
sity not  only  to  provide  the  highest  culture  for  the  youth  of  the 
State,  but  especially  to  promote  in  every  possible  way  the  develop- 
ment of  the  public  schools. 

At  present  there  are  more  than  ninety  city  high  schools  and  pri- 
vate schools  affiliated  with  the  University.  The  graduates  of  these 
schools  form  a  large  part  of  the  student  body  now  in  attendance  at 
the  University. 

The  University  Summer  School  has  become  a  fixed  feature  of 
the  University  work.  Hereafter  this  school  will  regularly  open  im- 
mediately after  the  close  of  the  annual  session.  This  school  is  in- 
tended especially  for  teachers  who  have  not  had  the  opportunity 
of  college  or  university  training,  but  who,  nevertheless,  desire  the 
advantages  to  be  derived  from  the  use  of  the  laboratories,  library, 
and  the  thoroughly  systematic  work  given  by  the  different  mem- 
bers of  the  University  faculty  during  the  summer  term  of  six  or 
eight  weeks.  At  the  same  time,  other  students  who  do  not  en- 
gage in  the  work  of  teaching,  have  an  opportunity  of  shortening 
their  University  course,  by  taking  the  work  offered  in  this  summer 
school.  The  attendance  upon  this  school  will  grow  from  year  to 
year  in  public  favor  and  patronage  as  its  purposes  and  advantages 
are  known  to  the  teachers  of  the  State. 

The  University  employs  sixty-three  male  professors,  instructors 
and  tutors,  and  nine  female  instructors.  It  enrolled  during  the 
past  year  650  male  pupils  and  391  female  pupils,  or  a  total  of  1041. 
The  entire  amount  expended  for  salaries  was  $129,132.  The  pres- 
ent value  of  the  buildings  and  grounds  of  the  University  is  placed 
at  $500,500.  The  value  of  apparatus  for  science  teaching  is  $50,- 
000.     The  library   contains   35,000   volumes,   valued  at   $32,000. 


A  Source  Book  of  the  University  of  Texas  617 

Report    [Thirteenth]     for    1901-1902,    by    Arthur   Lefevre 

STATE   EDUCATIONAL   INSTITUTIONS.      Pp.    18j-18k 

There  are  nine  State  Educational  institutions  which  are  morp  or 
less  organicallj  connected  with  the  public  school  system,  but  which 
are  autonomous  and  make  independent  and  direct  reports.  The 
institutions  are  the  following:  The  University  of  Texas;  the  Agri- 
cultural and  Mechanical  College;  the  Sam  Houston  State  Normal; 
the  North  Texas  State  Normal;  the  Prairie  View  Normal  and  Indus- 
trial School  for  Colored  Teachers;  the  State  Orphan  School;  the 
Institute  for  the  Blind;  the  Institute  for  the  Deaf  and  Dumb;  the 
Institution  for  Colored  Deaf,  Dumb,  and  Blind.  The  State  has  es- 
tablished two  other  institutions,  for  which  buildings  are  in  course 
of  erection,  but  which  have  not  been  organized,  namely,  the  South- 
west Texas  State  Normal,  and  the  Industrial  Institute  for  White 
Girls. 

There  are  indications  on  all  sides  that  Texas  is  rousing  to  con- 
sciousness of  her  present  greatness  and  vast  opportunities;  but  the 
State  has  grown  and  developed  in  every  way  faster  than  is  com- 
monly realized,  and  almost  all  of  its  enterprises  have  reached  for 
a  magnitude  little  anticipated  only  a  few  years  ago.  There  is  no 
need  for  this  report  to  attempt  to  summarize  or  supplement  the 
individual  reports  of  the  institutions  named  above;  and  only  a  few 
general  considerations  will  be  mentioned. 

The  State  University 

There  still  survives  in  some  quarters  the  notion  that  the  publiv 
schools  and  the  university  are  antagonistic  claimants  upon  the 
fostering  care  of  the  State,  and  patriotic  men  rise  up  to  champion 
the  common  schools  in  opposition  to  what  they  imagine  to  be  con- 
flicting interests  of  the  higher  education. 

In  truth  no  such  conflict  of  interests  exists;  for  besides  the  func- 
tion of  universities  in  the  general  economy  of  a  commonwealth, 
the  State  University  of  Texas  is  closely  and  vitally  connected  with 
the  common  schools,  and  it  has  fullilled  nobly  this  one  of  its 
functions.  The  system  of  our  State  education  is  properly  con- 
ceived in  three  stages  of  a  unified  work — the  elementary  school, 
the  high  school,  the  university — and  no  worse  affliction  could 
befall  the  whole  than  paralysis  or  derangement  at  the  top.  It  may 
be  serviceable  to  mention  several  sim  plf  facts  Indicating  the  relative 
cost  of  this  integral  part  of  the  State's  system  of  education  so  far 
as  usual  appropriations  from  the  general  revenue  is  concerned. 
At  the  present  writing,  1901  is  the  latest  year  for  which  the  total 
amount  expended  on  the  public  schools  has  been  ascertained;  in  that 
year   $5,628,240   was   so   expended,    and    $40,000   was   appropriated 


648  University  of  Texas  Bulletin 

out  of  the  general  revenue  for  the  main  branch  of  the  university; 
in  the  same  year  the  former  sum  maintained  an  average  public 
school  term  of  110  days,  and  therefore  the  said  appropriation  could 
have  extended  the  term  of  the  public  schools  less  than  eleven- 
fourteenths  of  one  day.  As  another  comparison:  if  the  policy  of 
the  State  scholarships  for  the  normal  schools  be  continued,  that 
one  item  will  require  for  this  year  appropriations  reaching  nearly 
$60,000.  Such  amounts  seem  large  from  the  standpoint  of  the 
last  generation;  but,  as  already  observed,  Texas  has  grown  and 
developed  wonderfully  in  wealth  and  population,  and  the  scale  of 
all  State  enterprises  necessarily  enlarges  pari  passu. 

One  of  the  many  direct  services  of  the  university  to  the  lower 
schools  is  supplying  properly  prepared  high  school  teachers,  and  in 
this  connection,  I  would  point  out  the  fact  that,  under  a  provision 
of  the  present  law,  one.  might  have  received  every  degree  that  the 
university  can  confer,  yet  would  be  prohibited  from  teaching  in 
any  public  school  of  the  State  unless  examined  and  approved  by 
persons  whose  legal  qualification  is  a  "first  grade  certificate,"  such 
as  is  obtained  every  month  by  pupils  just  out  of  high  schools  and 
by  thousands  who  have  had  far  less  preparation  than  that  I  re- 
commend that  all  degrees  (except  in  law  and  medicine)  conferred 
by  the  Regents  of  the  University  of  Texas  have  the  immediate  force 
of  permanent  State  certificates. 

Report    [Fourteenth]    for   1903-1004,   by   Arthur  Lefevre 

The  State  University,  pp.  18-20 

There  still  may  survive  in  some  minds  the  notion  that  the  public 
schools  and  the  State  University  are  antagonistic  claimants  upon 
the  fostering  care  of  the  State,  but  no  such  conflict  of  interest  ex- 
ists. The  University  of  Texas  is  closely  and  vitally  connected  with 
the  common  schools.  The  main  system  of  our  State  education  is 
properly  conceived  in  three  stages — elementary  schools,  high 
schools,  the  University.  Many  vital  impulses  in  education  neces- 
sarily proceed  from  above,  permeating  downward.  The  faculty  of 
the  University  of  Texas  in  the  course  of  its  development  has  la- 
ored  to  establish  relations  with  the  high  schools  and  academies  of 
the  State  which  have  been  fruitful  of  the  most  beneficial  stimula- 
tion; and  the  best  schools  of  the  State  already  regard  the  Univer- 
sity as  their  guide,  counsellor  and  friend.  But  recent  indications 
of  great  promise  and  importance  have  transpired  which  show  that 
the  regents  of  the  University  are  adopting  matured  policies  of  ex- 
tending practical  counsel  and  help  to  the  schools  at  large.  It  is 
not  necessary  to  set  forth  the  far  reaching  benefits  of  such  rela- 
dons.  I    " 


A  Source  Book  of  the  University  of  Texas  649 

One  of  the  many  direct  services  of  the  University  to  the  lower 
schools  has  been  in  supplying  properly  prepared  high  school  teach- 
ers. Comparatively  few  University  graduates  have  been  induced 
to  enter  the  profession  of  teaching,  but  the  development  of  high 
schools  and  the  increasing  salaries  will,  it  is  hoped,  rapidly  bring 
about  better  conditions  in  this  regard.  In  this  connection  I  am 
called  upon  to  point  out  the  fact  that  under  a  proviso  of  the  pres- 
ent law  one  might  have  received  every  degree  that  the  State  Uni- 
versity can  confer,  and  yet  would  be  prohibited  from  teaching  in 
any  public  school  unless  examined  and  approved  by  persons  whose 
legal  qualification  is  a  "first  grade  certificate,"  such  as  is  obtained 
by  pupils  just  out  of  high  school  and  by  many  who  have  had  far 
less  preparation.  I  recommend  that  all  degrees,  except  in  law  and 
medicine,  conferred  by  the  regents  of  the  University  of  Texas,  be 
made  to  have  the  force  of  permanent  licenses  to  teach  in  the  pub- 
lic schools. 

It  is  very  unfortunate  that  personal  and  professional  jealousies 
seem  somehow  to  have  been  injected  into  this  question  of  State 
policy.  Those  who  hold  that  under  existing  circumstances  it  would 
be  expedient  for  the  State  teo  welcome  and  encourage  all  titled  grad- 
uates of  the  University  to  teaching  service  in  the  public  schools, 
by  removing  the  legal  impediment  which  now  permits  Buch  service 
only  to  those  graduates  "completing  the  degree  courses  in  the 
school  of  pedagogy,"  are  attacked  as  enemies  of  the  University  , 
school  of  pedagogy,  and  even  of  the  entire  normal  school  idea.  Any 
such  view  is  gross  misrepresentation.  For  my  own  part,  no  man 
could  have  a  higher  idea  of  the  utility  of  broad  and  intelligent  study 
of  the  theory  and  art  of  education.  In  my  opinion  there  are  no 
schools  in  universities  that  have  greater  opportunities  for  high 
and  useful  service  than  competently  manned  schools  of  pedagogy, 
especially  where  conducted  in  close  relation  with  schools  of  phil- 
osophy and  schools  of  history.  Such  a  school  so  conducted  would 
be  amply  able  to  stand  on  its  intrinsic  merits  and  would  nol 
to  attract  its  proper  share  of  earnest  and  voluntary  students  with- 
out any  law  to  force  the  choice  of  its  courses  by  students,  on  the 
contingency  that  they  may  possibly  wish  to  teach  for  a  while  after 
graduation.  Often  students  (especially  of  the  physical  B<  lencea — 
biology,  chemistry,  physics)  who  have  devoted  their  optional  courses 
to  a  specialty  and  closely  allied  subjects,  find  themselves,  holding 
the  highest  degrees  of  the  State  University,  and  called  to  teach  in 
progressive  high  schools,  under  the  necessity  of  submitting  to  a 
board  of  examiners  of  inferior  attainments  before  they  ran  accept 
their  calls  to  teach. 

There  is  here  no   question  of  the  value  of  pedagogical    Btud 
but  a  question  of  public  policy  and  also  an  important  question  con- 
cerning the  general  interests  of  all  the  students  in  the   University. 


650  University  of  Texas  Bulletin 

The  matter  is  not  one  of  vital  concern,  but  the  burden  of  proof 
in  any  unprejudiced  view  of  the  question  lies  upon  the  Legislature 
to  show  the  public  need  of  a  law  that  refuses  teaching  license  to 
graduates  of  its  highest  educational  institution,  except  those  who 
have  "comploted  the  degree  course  in  the  school  of  pedagogy." 
Under  different  conditions  at  some  time  in  the  future  the  State 
might  conceivably  be  justified  in  such  a  measure  as  the  restrictive 
clause  that  was  inserted  in  1893  into  article  3970a  (1)  of  the  Re- 
vised Statutes;  but  at  the  present  time  no  superabundance  of  Uni- 
versity graduates  overcrowds  the  service  of  the  public  schools  in 
Texas.  Upon  what  ground,  then,  should  the  State  make  any  at- 
tempt to  exclude  or  discourage  from  teaching  all  except  certain 
graduates  held  to  be  especially  well  prepared  for  teaching  service? 

It  may  be  well  to  forestall  any  attempt  to  confuse  this  question 
with  the  policy  of  the  State  which  requires  examination  of  the 
graduates  of  the  University  law  school  before  the  issuance  of  license 
to  practice  law,  by  pointing  out  that  the  only  truthful  analogy 
would  be  to  require  examination  of  the  graduates  of  the  school  of 
pedagogy.  By  such  a  requirement  the  school  of  pedagogy  would 
be  "hoist  with  its  own  petard"  with  a  vengeance;  but  I  hope  no  one 
will  be  led  by  the  charms  of  poetic  justice  to  advocate  any  such 
procedure.  The  public  good  requires  that  all  degrees  now  con- 
ferred by  the  State  University  (except  those  in  law  and  medicine) 
should  license  the  holders  thereof  to  teach  in  the  public  schools. 
As  I  have  said,  other  policies  may,  in  the  distant  future,  become 
suitable  for  changed  conditions;  but  for  the  time  being  I  am  sure 
that  the  preponderance  of  competent  opinion,  in  the  University 
and  out  of  it,  from  the  professional  standpoint  and  from  the  stand- 
point of  statesmanship,  supports  the  policy  here  recommended. 

In  like  manner  the  Texas  public  schools  are  not  so  overrun  by 
graduates  of  universities  outside  of  her  borders  that  there  is  any 
need  or  justification  for  one  restrictive  provision  in  Article  3981a, 
Revised  Statutes,  which  provides  that,  "Any  teacher  who  may  hold 
a  diploma  conferring  on  him  the  degree  of  bachelor  of  arts,  bachelor 
of  science,  bachelor  of  letters  or  any  high  academic  degree,  from 
any  college  or  university  of  the  first  class,  and  who  shall  have 
taught  for  a  period  of  not  less  than  three  years  in  Texas,  may  re- 
ceive from  the  State  Superintendent  of  Public  Instruction  a  per- 
manent State  certificate,  which  shall  be  valid  anywhere  in  this 
State  during  good  behavior.  The  institutions  to  be  recognized  as 
colleges  or  universities  of  the  first  class  shall  be  determined  by  the 
State  Superintendent  of  Public  Instruction,  upon  the  recommenda- 
tion of  the  State  Board  of  Examiners."  I  submit  that  the  safe- 
guards provided  in  the  foregoing  statute  would  be  sufficient  without 
the  churlish  clause  requiring  three  years  service  in  Texas  before 
such  service  is  allowed  to  be  begun  on  the  footing  suitable  to  the 
very  premises  of  the  statute. 


A  Source  Book  of  tlie  University  of  Texas  (>51 

Report  [Fifteenth]  for  1905-1906,  by  R.  B.  Cousins 
THE  UNIVERSITY.     Pages  25-2  9 

"The  University  is  in  the  pass  behind  which  the  world's  liberties 
are  guarded." — H.  W.  Grady. 

Since  the  adjournment  of  the  Twenty-ninth  Legislature  the  Uni- 
versity and  the  State  have  been  caused  to  mourn  the  death  of  the 
President  of  the  University.  On  July  24,  1905,  the  sorrowful  news 
of  the  death  of  President  Win.  L.  Prath-er,  was  reported  to  the 
world  from  the  family  residence  in  Austin.  In  his  death  the  Com- 
monwealth lost  a  strong,  patriotic  citizen,  and  the  University  lost 
a  well  poised,   safe  and   capable  leader. 

On  August  15,  1905,  President  David  F.  Houston  was  called  from 
the  presidency  of  the  Agricultural  and  Mechanical  College  to  that 
of  the  University.  The  people  of  the  State  are  to  be  congratulated 
upon  this  election,  not  alone  because  of  the  recognized  fitness  of 
Dr.  Houston,  for  the  high  position  to  which  he  has  been  called, 
but  because  of  the  recognition  of  the  principle  for  which  the 
schoolmen  of  Texas  have  contended  for  a  decade,  viz.,  that  no  one 
should  be  called  to  the  head  of  an'  institution  of  learning  jin  this 
State  except   a   schoolman   of  character  and   special   fitness. 

On  April  19,  1906,  the  inaugration  of  President  Houston  was 
made  memorable  on  account  of  the  assemblage  of  notable  coH-ege 
presidents  from  the  South  and  West,  who  delivered  addresses  at 
the  inaugural  ceremonies  and  took  part  in  the  deliberations  of  the 
association  of  principals  and  superintendents  of  the  affiliated  high 
schools,  and  of  the  association  of  county  school  superintendents, 
which  met  in  the  University  building  upon  the  following  days.  , 

The  people  are  to  be  congratulated  upon  the  fact  that  governing 
boards  have  been  able  to  find  schoolmen  of  sufficient  strength  to  be 
placed  at  the  heads  of  State  institutions  of  learning. 

I  am  indebted  to  President  Houston  for  the  following  analysis  of 
the  University  and  statement  of  its  needs: 

Work  and  Aims 

The  work  of  the  University  is  organized  at  present  in  six  divis- 
ions, as  follows: 

1.  The  College  of  Arts,  giving  the  bachelor's  and  master's  de- 
grees. 

2.  The  Department  of  Engineering,  giving  courses  leading  to 
degrees  in  civil,  electrical  and  mining  engineering. 

3.  The  Department  of  Law,   giving  the  LL.  B.  degree. 

4.  The  Department  of  Medicine,  embracing  the  School  of  Med- 
icine,  the  School  of  Pharmacy,   and   the   School   of    Nursing,     and 


652  University  of  Texas  Bulletin 

granting  the  degrees  of  M.  D.,  Ph.  G.,  and  certificates  of  proficiency 
in  nursing. 

5.  The  Department  of  Education,  granting  the  degrees  of  Bach- 
elor of  Education  and  Master  of  Education,  and  the  various  teach- 
ers' certificates  authorized  by  law. 

6.  The  summer  session  of  the  University  in  conjunction  with 
the   University   Summer  Normal. 

It  is  not  the  intention  of  the  authorities  of  the  University,  so  far 
as  I  am  aware,  to  enter  in  the  near  future  upon  any  new  lines  of 
work,  except,  perhaps,  the  establishment  of  a  school  of  Dentistry 
at  the  Medical  Department  as  soon  as  the  funds  permit.  This  is  an 
addition  that  ought  to  be  made  because  of  the  fact  that  there  is  no 
dental  college  of  high  grade  in  the  Southwest.  The  aim  of  the  Re- 
gents would  be  more  especially  to  strengthen  and  make  as  perfect 
as  possible  all  existing  lines  of  work. 

The  purpose  of  the  University  is  to  furnish  men  who  are  going 
into  the  pursuits  of  life  with  disciplined  minds  and  bodies  and  with 
liberal  and  broad  training  and  ideals,  to  train  lawyers  and  doctors 
of  high  standards,  turn  out  efficient  pharmacists,  nurses,  civil,  elec- 
trical and  mining  engineers,  and  well'  trained  teachers,  especially 
for  the  high  schools  and  colleges.  Above  all  things,  the  University 
aims  to  make  every  student  who  comes  here  a  better  citizen. 

In  accordance  with  the  above  ideals,  the  Uinversity  is  seeking  to 
advance  its  standards  as  conditions  permit,  and  especially  to  see 
that  no  student  who  comes  here  wastes  his  time.  The  standards  of 
admission  to  the  College  of  Arts  and  to  the  Engineering  Department 
as  well  as  to  the  Departments  of  Law  and  Medicine  have  been  slowly 
advanced,  as  the  high  schools  have  improved.  The  Regents  have 
recently  ordered  that,  beginning  with  1909,  the  equivalent  of  five 
full  college  courses  shall  be  required  for  admission  to  the  Depart- 
ments of  Law  and  Medicine. 

The  Growth  and  Needs  of  the  University 

The  University  has  had  a  steady  and  healthy  growth  since  its 
opening  in  1883.  In  fifteen  years  the  number  of  men  and  women  to 
whom  it  has  furnished  instruction,  including  the  summer  session, 
has  grown  from  353  to  approximately  2300  or  more,  as  the  regis- 
tration for  the  current  academic  year  will  show.  In  ten  years  it 
has  grown  from  800  to  2300,  including  the  summer  session,  and  in 
three  years  from  1486  to  2300.  In  the  last  two  years,  the  gain  has 
been  exceptionally  great.  In  all  departments  of  the  University,  the 
attendance  within  the  biennial  period,  or  between  the  meetings  of 
the  Legislature,  will  show  a  gain  in  numbers  not  far  short  of  1000. 
This  great  demand  on  the  part  of  the  young  men  and  young  women 
of  the  State  for  the  opportunities  here  taxes  our  facilities  to  the 


A  Source  Book  of  the  University  of  Texas  653 

utmost.  If  the  prosperity  of  the  State  continues,  we  have  reason  to 
expect  that  a  like  increase  will  be  seen  in  the  future.  If  the  State, 
in  accordance  with  its  policy  announced  in  the  founding  of  the  Uni- 
versity and  repeatedly  affirmed,  desires  to  support  a  University  of 
the  first-class,  "so  as  to  place  within  the  reach  of  our  people,  whether 
rich  or  poor,  the  opportunity  of  conferring  upon  the  sons  of  the- 
State  a  thorough  education,  and  as  a  means  whereby  the  attachment 
of  the  young  men  of  the  State  to  the  interests,  the  institutions,  the 
rights  of  the  State  and  the  liberties  of  the  people  might  be  increased 
and  encouraged,"  it  will  be  necessary  for  it  to  increase  its  liberality 
in  appropriations. 

The  entire  Main  Building  is  now  urgently  needed  for  class-rooms 
and  offices  for  the  College  of  Arts.  Already  great  difficulty  is  being 
experienced  in  the  arrangement  of  schedules  for  the  class  work  and 
many  of  the  classes  are  too  large  for  any  of  the  rooms  at  the  dis- 
position of  the  University.  The  laboratories  are  overcrowed.  Aside 
from  the  need  of  more  adequate  quarters  for  the  Department  of 
Law  and  for  the  science  laboratories,  it  is  necessary  to  get  these  out 
of  the  Main  Building  to  make  room  for  the  academic  classes  and 
offices.  The  University  Library,  which  is  constantly  growing,  is 
rapidly  reaching  the  limit  of  its  space  for  the  storing  of  books  and 
the  reading  room  for  men  and  women  is  utterly  inadequate.  The 
Library  is  exceedingly  valuable,  representing  a  cost  of  several  hun- 
dred thousand  dollars,  all  of  which  is  subject  to  destruction  by  fire 
in  its  present  quarters.  But,  in  addition  to  this,  there  are  many 
valuable  volumes  and  documents  which  could  not  be  duplicated. 
The  present  power  plant  was  erected  to  heat  the  Main  Building. 
Four  other  buildings  have  since  been  placed  on  the  campus,  and  the 
power  plant  is .  utterly  inadequate  during  cold  weather.  The  Uni- 
versity deems  it  its  duty  to  see  that  the  physical  health  of  the  student 
is  fostered.  The  facilities  for  bathing  and  locker  room  in  the 
gymnasium  work  are  practically  non-existent.  The  growth  of  the 
Medical  Department  is  seriously  hampered  by  the  lack  of  adequate 
laboratory  accommodations  and  hospital  facilities.  Even  without 
reference  to  future  growth,  the  University,  therefore,  now  needs: 

1.  A  Law   Building. 

2.  A  Science   Building. 

3.  A  Power  Plant. 

4.  A  Medical  Laboratory  and  hospital  facilities. 

5.  A  Library   Building  with  ample  reading  room. 

6.  Bathing  and  locker  facilities  for  gymnasium  classes,  With 
apparatus. 

The  needs  that  I  have  discussed  so  far  are  simply  the  educational 
needs  of  the  institution.  I  have  said  nothing  about  the  need  for 
more  dormitories  or  the  living  needs  of  the  student  body.  \\  >•  shall 
have  to  depend  upon  private  enterprise  to  furnish  suitable  quarters 
for  the  students  until  the  pressing  educational  needs  are  satisfied. 


654  University  of  Texas  Bulletin 

The  University  is  exercising  progressive  leadership  in  the  educa- 
tional affairs  of  the  State  through  its  work  and  its  system  of  affiliat- 
ing high  schools.  The  ideals  now  prevalent  in  Texas  in  the  high 
schools  were  created  or  modified  greatly  by  the  University.  A 
strong,  intelligent  leader  in  any  community  may  be  worth  a  score 
of  men  who  are  unwilling  or  unable  to  lead  in  the  right  direction. 
The  University  is  engaged  in  efforts  to  develop  such  leaders.  That 
it  is  doing  a  great  work  for  the  State  can  not  be  denied,  and  that  it 
is  taking  a  stronger  hold  upon  the  desires  to  commend  the  University 
to  the  careful  attention  of  the  members  of  the  Thirtieth  Legislature 
and  to  ask  that  a  liberal  policy  be  pursued  in  meeting  its  needs. 

Professional  Education   of   Teachers   at   the   University 

In  1897  the  Regents  of  the  University  made  provision  for  the  re- 
establishment  and  enlargement  of  the  School  of  Education.  During 
the  session  of  1897-1898  ninety-one  students  were  registered  in 
courses  in  Education.  In  the  years  that  have  since  elapsed  the  num- 
ber of  Education  students  has  increased  to  250,  over  one-fourth  of 
whom  are  men.  In  the  Education  faculty  at  the  present  time  there 
are  one  full  professor,  two  associate  professors,  one  instructor,  and 
one  tutor.  One  of  the  associate  professors  is  also  the  Visitor  of 
Schools. 

The  following  courses  in  Education  are  now  offered:  School 
management,  the  method  and  purpose  of  teaching,  psychology  of 
education,  psychology  of  development,  history  of  education,  philoso- 
phy of  education,  abnormal  psychology,  secondary  education,  school 
supervision,  seminary  in  education,  teachers'  course  in  Latin,  teach- 
ers' course  in  botanical  methods,  teachers'  course  in  elementary 
mathematics,  and  a  teachers'  course  in  manual  training. 

For  the  purpose  of  emphasizing  the  value  and  dignity  of  the 
teaching  profession,  the  Board  of  Regents  has,  this  year,  adopted 
regulations  for  expanding  the  School  of  Education,  into  the  Depart- 
ment of  Education,  and  for  the  conduct  thereof.  Students  under  21 
years  of  age  must  be  of  junior  standing  before  being  admitted  into 
the  Department  of  Education.  Special  or  irregular  students  may 
become  applicants  for  teachers'  certificates  and  may  be  enrolled 
in  the  Department  though  they  may  be  below  Junior  standing.  The 
requirements  for  graduation  from  the  Department  are  as  rigorous 
as  the  graduation  requirements  for  the  College  of  Arts.  In  order 
to  receive  the  degree  of  Bachelor  of  Education  the  student  must 
complete  twenty  full  courses,  of  which  not  less  than  five  must  be 
courses  in  Education.  Among  the  courses  he  completes  there  must 
be  not  less  than  three  in  each  subject  he  is  preparing  to  teach. 
Students  in  the  College  of  Arts  may  elect  as  many  as  four  courses 
in  the  Department  of  Education,  which  courses  will  be  counted 
towards  the  Bachelor  of  Arts  degree. 


A  Source  Book  of  the  University  of  Texas  655 

It  is  the  intention  of  the  Regents  to  further  enlarge  the  work  of 
the  Department  of  Education  as  soon  as  finances  will  justify  the 
necessary  expenditures  therefor.  It  is  hoped  that,  in  the  near  future, 
instruction  in  manual  training  can  be  given  at  the  University.  'At 
present,  through  the  courtesy  of  the  Board  of  Trustees  of  the  Aus- 
tin City  Schools,  the  Director  of  the  Allan  Manual  Training  school 
offers  a  course  in  the  pedagogy  of  manual  training.  It  is  desired 
furthermore,  that  provisions  for  observation  and  practice  work  be 
made,  in  order  that  students  in  Education  may  have  theory  corrected 
and  reinforced  by  practical  work  under  competent  supervision. 

In  addition  to  the  work  done  by  the  instructors  of  Education  in 
the  University  lecture-rooms  and  laboratories,  much  time  is  given 
to  directing  students  in  the  preparation  of  bulletins  upon  educational 
questions.  The  instructors  themselves  occasionally  make  contribu- 
tions on  their  own  account.  Some  of  the  bulletins  already  published 
treat  of  the  following  questions:  School  Buildings;  Consolidation 
of  Schools;  Wholesome  Educational  Statistics;  The  Professional 
Training  of  Teachers;  Parents'  Clubs.  Two  others,  which  are  now 
in  course  of  preparation,  relate  to  the  teachers'  institutes  and  county 
supervision. 

The  members  of  the  Education  faculty,  furthermore,  from  time 
to  time  visit  teachers'  institutes  and  associations.  Wherever  they 
have  gone  they  have  received  a  cordial  reception  and  have  sought 
to  promote  that  unity  of  effort  which  should  characterize  workers 
in  all  departments  of  our  public  school  system. 

The  Summer  School 

Under  the  guidance  of  the  Department  of  Eucation  in  the  Uni- 
versity, a  summer  school  for  teachers  primarily  in  charge  of  Dr. 
W.  S.  Sutton,  Professor  of  Education,  has  reached  the  gratifying 
attendance  of  about  600.  This  summer  school  is  contributing 
generously  to  the  professional  advancement  of  the  teachers  of 
Texas,  and  the  teachers  in  return  are  contributing  to  the  growing 
strength   of  the  University. 

Report  [Sixteenth]  for  1007-1908,  by  R.  R.  Cousins 

[Statement  furnished  by  the  President  of  the  University.] 

THE  UNIVERSITY  OF  TEXAS.      Pp.    33-36 

The  Growth  of  the   University 

The  growth  of  the  University  of  Texas  has  been  remarkable  in 
the  last  few  years.  In  four  years  it  has  nearly  doubled  its  total 
registration.     In  the  Department  of  Engineering  and  in  the  Summer 


656  University  of  Texas  Bull  din 

Schools  the  number  of  students  has  doubled,  while  it  has  increased 
more  than  75  per  cent  in  the  College  of  Arts  and  nearly  70  per 
cent  in  the  Department  of  Law.  In  two  years  an  increase  of  nearly 
five  hundred*  has  occurred  in  the  registration;  there  being  a  gain  of 
about  two  hundred  in  the  College  of  Arts,  of  approximately  the  same 
in  the  Summer  Schools,  and  of  from  fifty  to  seventy  in  Engineering 
and  Law. 

The  indications  are  that  the  gain  within  the  next  few  years  will 
be  quite  as  great.  It  would  not  be  surprising  if  within  two  years 
more  the  total  registration  would  reach  3000,  and  in  four  to  five 
years,  3300  or  3400. 

Services  to  Education 

The  services  of  the  University  to  the  school  system  of  Texas  are 
very  noteworthy.  This  applies  especially  to  the  training  of  teachers 
in  the  regular  session  and  in  the  Summer  Schools,  to  the  encourage- 
ment of  high  standards  of  instruction  and  administration,  to  assist- 
ance in  framing  courses  of  study,  for  high  schools,  and  to  aid  given 
in  making  possible  more  adequate  support  for  the  rural  schools. 

Training  of  Teachers. — All  the  institutions  of  the  State  are  not 
now  furnishing  enough  well-trained  teachers  to  meet  the  demand, 
and  the  aid  of  the  University  in  this  respect  is  especially  welcomed. 
In  each  of  the  last  two  years  it  has  been  called  upon  to  furnish  five 
hundred  or  more  teachers,  requests  having  come  to  it  for  college 
teachers,  principals,  and  superintendents,  high  school  teachers,  and 
teachers  in  the  lower  grades. 

A  Practice  School  for  Teachers. — The  request  of  the  Regents  that 
provisions  be  made  for  a  practice  school  deserves  to  be  granted. 
Teaching  is,  if  anything,  more  an  art  than  a  science,  and  the  first- 
class  teachers  can  only  be  trained  if  they  are  given  practice  under 
the  most  favorable  conditions.  This  is  done  in  other  States,  and 
Texas  can  not  afford  to  have  teachers  inferior  to  those  trained  else- 
where. 

The  Summer  Schools. — The  extremely  rapid  growth  of  the  summer 
schools  of  the  University  should  also  be  noted.  Beginning  with  a 
very  small  enrollment,  they  have  grown  until  in  the  last  session 
over  700  men  and  women  were  given  instruction  in  these  schools. 
This  work  is  of  incalculable  value  to  the  school  system  of  Texas. 
It  furnishes  an  opportunity  to  teachers  who  can  not  secure  advanced 
training  during  the  school  year  to  attend  University  courses  during 
the  summer.  As  a  consequence,  they  return  to  their  schools  with 
renewed  interest,  vigor  and  competence. 

Teachers  for  Manual  Training  and  Agriculture. — The  University 
with  its  strong  Department  of  Education,  should  have  a  large  part 
in   preparing  teachers  in   agriculture   and   manual   training.      These 


A  Source  Book  of  tin   University  of  Texas  651 

two  subjects  are  of  tremendous  significance  to  the  people  of  1 

There  are  at  present  hardly  any  teachers  in  the  State  competenl  to 
present  them.  This  lack  should  be  supplied  as  soon  as  possible  by 
preparing  teachers  to  deal  with  these  two  subjects  in  schools  of  all 
grades.  Those  who  are  being  prepared  in  the  University  of  T<  xas 
to  teach  should  be  trained  in  manual  training  and  agriculture 
well  as  in  other  subjects. 

Help   to  Rural   Schools. — The   University    of   Texas    has   proved 
right  to  a  place  among  the  educational  leaders  of  the  State  b 
intelligent  and   devoted   interest    and    help   to   the   rural    schoo 
Texas.      It   has   offered    its   buildings   to   the  county   school   superin- 
tendents for  their  meetings,  and  has  been  ready  to  help  them  in  all 
ways  within  its  power.      It  lias  also  taken  an  active  pari   in  the 
ference    for    Education,    and    has    materially   aided    in    securing    the 
adoption    of    the    constitutional   amendment    submitted    by    the 
Legislature,  which  is  the  longest  step  in  advance  yet  taken   in   the 
development  of  the  rural  schools  of  Texas.     The  part  of  Uni\> 
officials  in  this  campaign   was  very   prominent;    they    visited   various 
parts    of    the    State,    made    addresses,    and    were    prominent    in    the 
efficient  organization  which  secured  the  presentation  of  facts  to  the 
people,   and  enabled    the  latter  to  vote   with   a   full   and   intell 
knowledge  of  the  large  issue  at  stake. 

High  Standard  of  Work. — The  University  lias  raised  its  standard 
of  admission  materially,  and  by  doing  so  has  at  once  ceased  to 
compete  with  the  secondary  schools  of  the  State,  and  stimulated  the 
latter  to  improve  and  advance  their  own  standards.  Heretofore 
admission  to  the  University  has  required  only  eight  units  of  high 
school  work;  this  year  it  requires  eleven  units,  and  next  year,  and 
thereafter  will  require  fourteen  units. 

Some  idea  of  the  advance  in  the  standards  of  the  State  high 
schools,  due  to  the  influence  of  the  University,  may  he  had  by  con- 
sidering the  fact  that  in  place  of  12  9  schools  which  were  last  year 
prepared  to  send  their  graduates  to  the  University  there  are  now 
137  such  schools;  moreover,  in  place  of  37  schools  which  were  aide 
to  send  their  graduates  to  the  University  fully  prepared  and  wi1 
conditions,  60  schools  have  now  attained  that   high  standard. 

Deficiences  in  Equipment 

The  increase  from  less  than  1400  to  over  2500  In  the  attend 
at  the  University  during  the  last  four  years   has   greatly   taxed  the 
resources  of  the  institution.     The  Regents  have  not  found  it  po 
to  provide  a  sufficient  number  of  trained    Instructors.     The  ell 
and   sections  have,    in   their   judgment,    been    too    lame    tor   efficient 
instruction.       The    libraries    and    laboratories    have    been    crowded. 
Classrooms  have  been  too  few  and  too  small.      Laboratory  facilities 

4  2- 2  2  7 


65S  University  of  Texas  Bulletin 

have  been  overtaxed.  Office  rooms  for  instructors  in  which  the  in- 
dividual work,  which  is  of  the  utmost  importance,  is  carried  on,, 
have  been  insufficient  in  number  and  have  been  unduly  crowded, 
three  or  four  instructors,  in  some  cases,  occupying  small  rooms  to- 
gether. There  is  great  need  of  books  for  the  general  library,  and  a 
crying  need  of  books  for  the  library  of  the  Law  Department,  which 
is  smaller  and  less  satisfactory  than  some  private  law  libraries  in 
the  State.  Instruction  in  chemistry,  biology,  and  engineering  is 
being  hampered  by  the  insufficient  size  of  the  quarters  at  present 
available  for  these  subjects. 

Urgent  Needs 

Heating  and  Power  Plant. — There  is  acute  need  at  the  University 
for  a  new  heating  and  power  plant.  When  the  present  plant  was 
erected,  in  1891,  only  the  west  wing  and  central  portion  of  the 
Main  Building  and  the  Chemistry  Building  were  heated  by  steam. 
Since  then  the  Main  Building  has  been  completed,  University  Hall 
has  been  enlarged,  and  the  Engineering  and  Law  Buildings  have 
been  placed  in  use.  It  is  impossible  to  heat  all  these  buildings  with 
the  present  plant.  Their  unheated  condition  in  severe  weather  is 
unsanitary,  frequently  leading  to  illness,  which  spreads  rapidly  in 
a  large  body  of  students.  Moreover,  this  condition  of  things  inter- 
feres very  much  with  efficient  instruction. 

Library  Building. — The  University  is  in  need  of  a  library  build- 
ing. There  is  reading  space  for  no  more  than  115  students,  when 
the  College  of  Arts  numbers  nearly  1000,  and  the  total  number  of 
students  in  attendance  is  1500.  A  university  can  not  do  its  work 
without  a  good  library,  whose  books  can  be  consulted  by  the  stu- 
dents in  attendance.  Even  more  serious  is  the  danger  of  fire.  If 
a  fire  were  to  break  out  nothing  could  save  the  valuable  contents  of 
the  University  from  being  burned,  or  ruined  by  water. 

Medical  Laboratory  Building. — The  need  of  a  laboratory  building 
for  the  Medical  Department  has  been  recognized  by  all  responsible 
people  whose  attention  has  been  called  to  the  matter.  The  last 
Legislature  conceded  it  and  made  an  appropriation  therefor,  but  the 
item  did  not  stand  in  the  bill.  It  is  hoped  that  the  Legislature  may 
find  a  way  to  appropriate  a  sufficient  amount  of  money  to  put  up 
and  equip  such  a  building.  Without  it  the  Medical  Department  of 
the  University  must  remain  at  a  standstill. 

An  Adequate  Policy  for  the  University 

The  Regents  point  out  that,  according  to  the  Constitution,  only 
the  Available  University  Fund  can  be  used  for  the  erection  of  build- 
ings, and  that  this  prevents  a  rapid  growth  at  any  time  and  requires 
that  a  steady  advance  shall  be  made  at  each  session  of  the  Legisla- 


A  Source  Book  of  the  University  of  Texas  659 

ture  if  the  University  is  not  to  fall  even  farther  behind  other  uni- 
versities in  States  similar  to  Texas  in  age,  population,  and  wealth, 
They  point  out  further  that  the  Available  University  Fund  was 
practically  created  by  their  predecessors  on  the  board.  They  ask 
that  the  institution  be  supported  out  of  the  general  revenue,  and 
that  the  Available  University  Fund  be  left  to  the  Regents  for  erect- 
ing the  necessary  buildings. 

[The  State  superintendent  comments  on  the  above  statement  as  follows:] 

In  my  judgment,  the  University  is  rendering  services  of  the  highest 
importance  to  the  State.  I  believe  that  the  request  of  the  Regents 
for  a  heating  and  power  plant,  a  library  building,  and  a  medical 
laboratory  building  are  very  moderate  and  should  be  granted.  They 
are.  plainly  right  in  saying  that  the  constitutional  limitation  pre- 
vents the  University  from  growing  rapidly,  and  I  recommend  that 
the  policy  of  setting  aside  the  Available  University  Fund  for  the 
use  of  the  Regents  in  betterments  be  adopted  in  order  that  the  great 
services  of  the  University  to  the  State  may  be  increased. 

Report  [Seventeenth]   for  1909-1910,  by  P.  M.  Brail,  v 

SPECIAL  STATE  SCHOOLS,  p.  9 

The  matriculation  and  attendance  at  the  University  of  Texas,  the 
Agricultural  and  Mechanical  College,  the  College  of  Industrial  Arts, 
the  State  Normal  Colleges,  the  other  State  institutions  of  learning 
and  at  the  denominational  colleges  have  made  greater  gains  than 
during  any  like  period  in  the  history  of  the  State,  but  Texas  is  a 
mighty  Commonwealth  in  size,  in  population,  in  material  resources 
and  in  the  possibilities  of  her  future. 

The  following  new  buildings  at  the  State  institutions  of  Learning 
have  been,  erected  or  are  in  the  couse  of  erection:  A  two  hundred 
and  fifty  thousand  dollar  ($250,000)  library  building  at  the  Uni- 
versity of  Texas;  a  fifteen  thousand  dollar  ($15,000)  library  build- 
ing at  the  Southwest  Texas  State  Normal  School,  San  Marcos, 
.  .  .  .  Additions  have  been  made  to  the  faculty  of  each  of  these 
State  schools,  and  in  every  respect  substantial  improvement  has 
characterized  the  special  State  schools  during  these  two  >• 

LONGER  TERMS  OF  OFFICE  FOR  SCHOOL  OFFICIALS,  p.  42 

The  Texas  State  Democratic  platform,  adopted  August  10,  1900, 
declared: 

"The  educational  system  of  our  State,  conceived  by  the  fathers 
of  the  Republic  and  fostered  by  Democratic  statesmen,  has  become 
the  just  pride  of  our  people,  and  we  pledge  our  continued  efforts  to 


660  University  of  Texas  Bulletin 

strengthen  and  maintain  it  in  all  of  its  branches,  and  to  keep  it 
clear  from  partisan  politics;  to  this  end,  we  favor  the  submission 
by  the  Legislature  of  a  constitutional  amendment  looking  to  the 
election  of  school  trustees  and  appointment  of  the  members  of  the 
governing  boards  of  the  higher  institutions  of  learning  for  a  term 
of  six  years,  as  contemplated  by  the  law  and  practiced  by  each  ad- 
ministration until  declared  unconstitutional  by  a  recent  decision  of 
the  Supreme  Court." 

The  Texas  State  Democratic  Platform,  adopted  July  17,  1902, 
declared: 

"We  declare  it  to  be  the  fixed  policy  of  the  Democratic  party  to 
take  our  public  schools  and  other  institutions  of  learning  out  of 
politics,  and  we  therefore  reiterate  the  demand  of  the  Democratic 
platform  of  1900  for  the  submission  of  a  constitutional  amendment 
making  the  appointment  of  trustees  of  our  schools,  colleges,  and 
university  for  terms  of  two,  four,  six,  and  eight  years." 

These  declarations  by  the  Democratic  party  of  Texas  at  different 
times  clearly  indicate  that  the  democracy  of  Texas  believes  in 
longer  terms  of  office  for  school  officials.  Thoughtful,  far-seeing 
statesmen  and  educators  are  in  substantial  agreement  in  believing 
that  the  schools  will  be  permanently  removed  from  the  domain  of 
factional  politics,  and  that  business  principles  will  obtain  in  their 
administration  when  the  terms  of  office  for  trustees  of  school  dis- 
tricts, for  the  Regents  of  the  University,  for  the  Directors  of  the 
Agricultural  and  Mechanical  College,  for  the  Regents  of  the  College 
of  Industrial  Arts,  for  the  governing  boards  of  the  eleemosynary 
institutions,  and  for  school  officials  chosen  by  popular  election,  are 
lengthened,  and  the  membership  of  the  boards  so  classified  that  a 
minority  only  will  retire  at  one  time. 

No  system  of  educational  administration  will  accomplish  the  best 
results  that  does  not  promote  the  management  of  the  schools 
solely  in  the  interest  of  the  children,  that  does  not  abolish  the 
"spoils-system"  in  school  affairs,  and  that  does  not  make  possible  the 
continuance  of  carefully-planned,  well-matured  policies.  The  State 
Department  of  Education,  therefore,  recommends  the  submission  of 
an  amendment  to  the  State  Constitution  providing  for  longer  terms 
of  office  for  these  officials,  and  believes  that  in  making  the  recom- 
mendation it  but  voices  the  will  of  the  people  of  this  State. 

COLLEGE  TAX,  p.   43 

The  special  State  schools  should  be  supported  by  a  special  tax. 
This  would  not  mean  an  additional  ad  valorem  tax  or  an  increase 
in  the  maintenance  cost,  but  it  would  change  the  method  of  provid- 
ing needed  financial  support  to  a  more  satisfactory,  more  business- 
like and  more  permanent  basis.     The  present  system  of  biennial  ap- 


A  Source  Book  of  the  University  of  Texas  661 

propriations  is  necessarily  productive  of  political  entanglements  in 
which  personal  prejudice  and  political  caprice  figure,  while  the 
demands  of  these  schools  for  the  support  ueci  iry  for  the  expansion 
and  growth  are  not  given  thoughtful  and  careful  consideration. 

All  the  special  State  schools  have  been  more  or  less  handicapped 
for  lack  of  definite  and  dependable  revenues.     A  special  tax  for  the 
maintenance    of    these    schools    would    dispense    with    the    biennial 
"scramble  and  pull"  for  appropriations  and  would  establish  a 
policy  of  State  support,  removing  doubt  and  uncertainty  as  to  m 
revenues  and  affording  the  boards  of  these  schools  an  opportunity 
to  formulate  constructive  plans  for  regular  development  extending 
through  a  period  of  years.      A  fraction   of  a  mill  tax   would 
sufficient  funds   for   the   maintenance   of   the   Special    State   schools, 
and   the   annual    increase   in   the   assessment   rolls   could    be   relied 
upon  to  take  care  of  the  needed  increase  in  financial  support   inci- 
dent to  proper  development.     A  number  of  states,  some   by   statu- 
tory enactment  and   others  by  constitutional   provision,    levy   a   tax 
for  the  support  of  their  special  State  schools,   and   in   all   of    I 
states  experience  has  proved  the  wisdom  of  the  plan  and  failed   to 
disclose    any    disadvantages    whatever.      The    State    Ih-pa.rtment    of 
Education   therefore    indorses   and    recommends    the    policy    of    sup- 
porting the  special  State  schools  by  an  educational  tax. 

Report  [Eighteenth]  for  1911-1912,  by  F.  M.  Bralley 

Pages  19-20 

[Contains  two  pages  of  condensed  extracts  from  the  Fifteenth  Biennial 
Report  of  the  Board  of  Regents,  which  "is  commended  to  the  members  of 
the  Legislature  and  a  careful  study  of  it  is  respectful] 

[The  Nineteenth  and  subseQuent  biennial  reports  of  the  State  Superin- 
tendent have  not  been  published  except  in  pari   in  pamphlet  -1 


662  University  of  Texas  Bulletin 

THE  TEXAS  JOURNAL  OF  EDUCATION,    1880-1882 

[Edited  by  O.  N.  Hollingsworth,  secretary  of  the  State  Board  of 
Education;  quasi-official,  covering  the  formative  period  of  the  Uni- 
versity.] 

August,  1880.     Vol.  1,  No.  1,  p.  3 

A  LIBERAL  OFFER — $5000 

A  worthy  and  public  spirited  gentleman,  resident  of  the  city  of 
Austin,  during  the  course  of  a  conversation  in  reference  to  the  elig- 
ibility of  Austin  as  a  site  for  our  State  University,  said  he  believed 
in  providing  the  most  ample  educational  facilities  for  our  girls  as 
well  as  for  our  boys,  and  that  he  would  give  $5000  to  the  estab- 
lishment of  a  college  for  young  ladies — not  a  preparatory  school, 
but  a  college,  complete  in  all  its  departments  and  appointments — 
to  be  located  at  Austin. 

Gentlemen  of  the  city  of  Austin,  this  is  an  initial  proposition  for  a 
move  in  the  right  direction.  Accept  it,  and  increase  the  donation  to 
$500,000,  and  you  will  have  accomplished,  not  only  a  great  work  for 
humanity,  to  which  you  and  your  children  after  you  will  refer  with 
satisfaction  and  a  conscious  pride,  but  will  have  made  an  investment 
that  will  pay  in  dollars  and  cents.  An  institution  of  the  character 
referred  to  would  add  to  the  annual  volume  of  trade  not  less  than 
$250,000,  and  would  give  an  increased  value  to  real  estate. 

While  writing  this  article,  we  have  been  informed  that  another 
worthy  citizen  proposed  to  give  $10,000  to  the  same  cause.  Talk 
the  matter  up,  gentlemen,  and  authorize  us,  in  the  September  num- 
ber of  the  Journal,  to  say  that  $250,000  has  been  pledged  to  the 
great  work. 

1880,  August.      Vol.  1,  No.  1,  pp.  13-14 

THE  STATE  UNIVERSITY,  by  R.  W.  Lowrey  of  Austin 

[Mr.  Lowrey  urges  the  necessity  for  a  university  by  the  exodus  of  150 
young  Texans  to  higher  institutions  outside  Texas;  money  should  be  spent 
in  salaries  rather  than  in  buildings;  what  departments  are  established 
should  be  first  class.] 

1880,   September.     Vol.  1,  No.  2,  pp.  30-31 

TEXAS  UNIVERSITY,  by  the  Editor 

[Quotes  from  the  Statesman,  which  argues  that  400  students  are  leaving 
Texas  for  higher  education  elsewhere;  proves  the  need  of  a  university; 
estimates  the  initial  cost  at  $245,000  and,  assuming  the  return  of  the  money 
during  the  Civil  War  from  the  University  fund,  figures  the  amount  avail- 
able at  $263, 1SS;  places  salaries,  9  professors  and  1  instructor,  at  $3S,000; 
income  at  $45,000  plus  a  prospective  $30,000  from  the  one  million  western 
acres.] 


A  Source  Book  of  the  University  of  Texas  663 

1880,  August.      Vol.  1,  No.    1,  pp.   10-11 

Letter  by  the  Editor  to  the  Comptroller 

Realizing  the  necessity  for  the  establishment  of  a  State  Univer- 
sity, and  believing  the  time  has  arrived  for  the  execution  of  the 
will  of  the  founders  of  the  Republic  of  Texas  in  reference  to  such 
an  institution,  I  am  anxious  to  bring  the  subject  prominently  before 
the  public  during  the  present  political  canvass. 

I  have  been  informed  you  discussed  this  subject  in  a  speech  re- 
cently delivered  at  Gonzales,  on  the  subject  of  State  finances,  in 
which  you  referred  to  the  legal  obligations  resting  upon  the  State 
to  liquidate  the  University  State  bonds,  amounting  to  $134,472, 
issued  November  12,  1866,  for  money  borrowed  on  general  revenue 
account,  January  31,   1860. 

Reply  by  Comptroller  S.  H.  Darden: 

In  reply  to  your  communication  of  twentieth  inst,  requesting  my 
views,  as  expressed  in  a  recent  speech  at  Gonzales,  upon  the  valid- 
ity of  certain  State  bonds  now  in  the  Treasury,  and  heretofore  re- 
ported as  doubtful,  I  will  say  that  these  bonds  were  executed  under 
act  of  November  12,  1866,  for  the  amounts  and  consideration  men- 
tioned by  you,  viz.:  to  reimburse  the  University  fund  and  school 
fund  for  the  amounts  used  of  those  funds  for  general  purposes  of 
government.  When  I  took  charge  of  the  Comptroller's  Office  in 
January,  1874,  these  bonds  were  being  carried  on  the  books  of 
this  department  as  of  doubtful  validity,  and  no  provision  had  eyer 
been  made  by  the  Legislature  to  pay  the  interest  which  had  accrued 
on  them.  In  the  first  annual  report  made  by  me  as  Comptroller, 
August  31,  1874,  I  called  attention  to  the  subject,  as  follows,  viz.: 
"There  are  several  accounts  carried  upon  the  books  of  this  depart- 
ment, the  validity  of  which  is  doubtful;  to  determine  which  will 
require  a  legislative  enactment.  By  referring  to  the  statement  of 
the  State  debt,  it  will  be  observed  that  the  State  is  chargeable  to  the 
State  University  fund,  in  the  sum  of  $134,472.26,  covered  by  five 
per  cent  bonds,     .... 

Though  I  had  no  doubt  of  the  validity  of  these  bonds  and  the 
propriety  of  their-  recognition  and  payment,  yet  as  some  doubt  had 
been  cast  upon  their  validity  by  the  previous  administration,  I  did 
not  feel  authorized  to  pronounce  them  valid  withoul  Borne  recog- 
nition by  the  Legislature. 

Justice  to  these  sacred  funds,  demands  the  recognition  of  prin- 
cipal and  accrued  interest.  Should  the  Legislature  recognize  that 
part  of  the  debt  held  by  the  University  fund,  there  can  be  no  doubt 
of  the  ability  of  the  State  to  establish  and  maintain  the  University 
required  by  the  Constitution.      That  fund  would  then  consist  ol 


University  of  Texas  Bulletin 

Five  per  cent  State  bonds,  principal.* $134,472.26 

Accrued   interest    $    94,130.55 

Five  per  cent  State  bonds,  principal 75,400.00 

Six  per  cent  State  bonds,   principal 82,442.00 

Seven  per  cent  State  bonds,  principal.  .  .  .  62,000.00 

Land  notes 225,000.00 

Interest  invested  in  bonds 93,057.16 


Total $579,314.26      $187,187.71 

By  the  time  the  interest  will  be  required  for  the  purpose  of  con- 
structing the  necessary  buildings,  purchasing  apparatus,  etc.,  it  will 
have  reached  at  least  $200,000,  and  the  interest  thereafter  accru- 
ing, will  be  sufficient  to  maintain  the  institution.  There  can,  there- 
fore, be  no  reason  for  longer  delaying  the  University  required  by 
the  Constitution  and  demanded  by  the  necessity  which  exists  for 
affording  to  the  youths  of  our  State,  facilities  for  higher  education. 

October,  1880.      Vol.  1,  Xo.  3,  pp.  68,  69,  70 

THE  UNIVERSITY  OF  TEXAS,  by  Oscar  H.  Cooper,  Huntsville 

The  founding  of  a  university  in  Texas,  which  shall  be  worthy  of 
the  coming  greatness  of  this  young  and  vigorous  empire,  is  an  event 
fraught  not  only  with  important  results  to  the  State,  but  also  with 
interest  to  the  friends  of  civilization  and  progress  throughout  the 
world.  Born  of  the  Anglo-Saxon  love  of  freedom,  enjoying  the 
possession  of  boundless  resources,  looking  forward  to  a  happy  and 
glorious>  future,  "this  imperial  realm"  deservedly  attracts  increasing 
attention.  History  records  no  examples  of  heroic  daring  and  un- 
faltering devotion  to  the  cause  of  civil  liberty  more  striking  than  are 
found  in  the  early  annals  of  the  Lone  Star  State.  In  extent  it  equals 
the  united  areas  of  Massachusetts,  Connecticut,  New  York,  Penn- 
sylvania, Virginia,  Ohio,  Indiana,  and  Illinois,  and  it  is  greater  than 
England  and  Germany  combined.  Its  soil  everywhere  fertile,  often 
exceptionally  so;  its  climate,  mild  and  wholesome,  rivalling  in 
softness  and  purity  that  of  Italy,  and  lying  between  parallels 
which  include  the  famous  Plateau  of  Ivan  and  the  Mediterranean 
nations  whence  came  civilization.  Texas  is  indeed  "a  noble  land, 
calling  forth  and  regarding  the  energies  of  man."  Its  population 
has  nearly  doubled  during  the  past  decade,  and  if  peopled  as  densely 
as  France,  it  would  contain  more  inhabitants  than  the  entire  United 
States  at  present.  Thus  the  traditions  of  its  history,  its  immense 
area,  its  fruitful  soil,  its  delightful  climate,  its  long  sea  coast, 
its  numerous  bays  and  rivers,  its  unknown  mineral  wealth,  and  its 
high  rate  of  increase  in  population,  justify  the  hope  that  "the  beau- 
tiful savannahs  of  Texas"  (DeQuincey)  will  become  at  no  distant  day 


A  Sourct   Book  of  tTn   I  y  of  T< 

the  abode  of  a  great  and  prosperous  people,  richly  endowed  with  the 
best  elements  of  a  progressive  civilization. 

The   complete   development    of   the    system    of    public    instruction, 
which  the  present  generation  derived  from  the  past,  will  be 
ful  agency  in  promoting  and  hastening  this  happy  result.      "> 
never  been  wholly  indifferent  to  this  essential  element   of  prog 
The  founders  of  the  Republic,  in  severing  Texas  from   Mexico, 
as    a   reason    for   the    action    that    the   government    of    Mexico 
failed  to  establish  any  public  system  of  education"    (Declaration  of 
Independence)    although    it    is    an    axiom    of    politi  that, 

unless  the  people  are  educated  and  enlightened,  it  is 
the  continuance  of  civil  liberty  or  the  capacity  for  self-governm< 
These  illustrious  men,  who  had  created  a  new  nation,  bequeathed 
to  the  State  the  outline  of  a  system  of  public  instruction,  which 
after  the  lapse  of  nearly  half  a  century  the  State  will  do  well  to 
develop.  This  system  closely  resembles,  and  was  probably  derived 
from  that  which  the  philosophic  Jefferson  prepared  for  the  Old 
Dominion.      It  included: 

1.  Elementary    schools  for  the   instruction    of  all. 

2.  Endowed  academies  for  more  advanced    instruction. 

3.  One   or   more   universities    in   which   the   several    branches    of 
learning  should  be  taught  in  the  most  advanced 

Munificent  provisions  were  made  by  the  Republic  for  free  elemen- 
tary instruction  by  appropriations  of  public  land.  These  provisions 
have  been  augmented  by  the  State  until  the  public  domain  d< 
forever  to  public  free  schools  amounts  to  more  than  fifty  millions  of 
acres,  a  realm  as  large  as  the  whole  of  New  England  increased  by 
one-half  of  New  York.  The  prospective  value  of  this  endowment 
is  well  nigh  incalculable.  A  good  foundation  was  laid  for  the 
academies  also.  Three 'leagues  of  land  (afterward  increased  to 
four  I  were  given  to  each  county  to  build  an  academy  or  high  school. 
During   the   chaotic    period    of    reconstruction,    h<  the    State 

resumed  the  control  of  these  lands,  and,  afterward,  in  returning  them 
to  the  counties,  directed  that  they  should  be  used  for  the  common 
schools.  It  is  to  be  hoped  that  the  state'  will  repair  this  unfortunate 
mistake  by  making  liberal  provisions  for  secondary  education  from 
the  large  amount  of  the  public  domain  still  unappropriated.  Of  the 
history,  resources,  and  organization  of  the  university  we  shall 
in  order  named. 

The  University  of  Texas  is  a  child  of  the  Republic  i  In 

1839,  while  Mexico  was  still  threatening  war.  and  while  the    I 
States  was  still  unwilling  to  receive  tin  D    Into   the 

sisterhood   of  States,  the  Congress  of  the  Republic  ol  acting 

on    a  recommendation   made   by   the   gallant,   and    Btainless    Lamar, 
President  of  the  Republic,  dedicated  fifty  leag  ie  public   lands 

to  found  a  university;    and,  at  the  same  session,  directed  the  com- 


666  University  of  Texas  Bulletin 

missioners,  who  were  appointed  to  locate  the  capital,  to  reserve 
within  the  limits  of  that  future  city  an  eligible  site  for  a  university. 
Thus,  when  the  beautiful  city  of  Austin  arose  on  the  frontier  of 
civilization  a  noble  eminence — "College  Hill" — commanding  a  fine 
view  of  a  striking  landscape  made  up  of  the  picturesque  city,  the 
winding  Colorado,  the  azure-clad  mountains,  and  the  undulating 
prairie,  and  surrounded  by  a  campus  of  forty  acres,  was  forever  de- 
voted to  the  University  of  Texas.  The  first  attempt  to  organize, 
however,  was  not  made  until  nearly  twenty  years  later,  in  1858. 
At  this  time  it  was  thought  that  the  growth  of  the  State  in  wealth 
and  population  made  advisable  the  immediate  establishment  of  the 
university;  and  an  act  to  this  effect  was  passed  by  both  houses  of 
the  Legislature,  and  approved  by  the  Governor.  The  provisions  of 
this  are  important,  and  will  affect  to  some  extent  the  basis  of  the 
future  organization.  One  hundred  thousand  dollars  was  appropri- 
ated from  the  State  Treasury  and  made  forever  a  part  of  the  funds 
of  the  university.  "The  control,  management,  and  supervision  of 
the  university"  was  to  be  vested  in  a  "Board  of  Administrators, 
who  shall  consist  of  the  Governor,  the  Chief  Justice  of  the  State, 
and  eight  other  persons,  who  shall  be  nominated  by  the  Governor 
and  confirmed  by  the  Senate."  The  act  prescribes  that  "the  follow- 
ing branches  shall  be  taught  in  the  university:  Ancient  and  modern 
languages,  mathematics,  pure  and  applied,  physics,  chemistry,  min- 
eralogy, including  geology  (sic),  the  principles  of  agriculture,  botany, 
anatomy,  surgery,  medicine,  zoology,  history,  ethics,  rhetoric  and 
belles  lettres,  civil  government,  political  economy,  the  law  of  nature, 
of  nations,  and  municipal  law."  The  crudeness  and  incompleteness 
of  such  a  plan  of  university  studies  are  too  manifest  to  need  com- 
ment. No  religious  test  was  to  be  required  as  a  condition  of  admis- 
sion to  any  privilege  or  office  in  the  university,  no  sectarian  instruc- 
tion was  to  be  allowed,  and  tuition  was  to  be  free.  The  "Board 
of  Administrators"  were  to  elect  a  President  and  Faculty,  fix  the 
standard  of  admission,  and  prescribe  "a  course  of  study  and  dis- 
cipline." The  approach  of  the  civil  war  prevented  any  attempt 
to  carry  out  this  plan,  and  no  friend  of  the  institution  will  now  regret 
it;  since  (to  say  nothing  of  the  plan  itself)  the  inauguration  of  a 
respectable  university  on  a  foundation  of  one  hundred  thousand 
dollars  was  altogether  impracticable.  A  second  attempt  was  made 
to  establish  the  university  in  1866,  during  the  troublous  days  of 
reconstruction.  The  leading  features  of  the  act  of  1858  were  re- 
vived, somewhat  changed,  but  in  no  respect  improved.  A  most  un- 
wise provision  was  the  division  of  the  resources  between  two  uni- 
versities, one  in  the  east  and  one  in  the  west.  Fortunately  for  the 
cause  of  higher  education  in  Texas,  the  unsettled  condition  of  so- 
ciety prevented  any  attempt  to  execute  the  provisions   of  this  act. 


A  Source  Book  of  the  University  of  Texas 

The  constitution  adopted  in  1876  supercedes  all  previous  legisla- 
tion, and  is  the  organic  law  of  the  State.  The  provisions  of  this 
instrument  concerning  the  un'iversity  are  wise  and  generous.  It 
directs  the  Legislature  to  inaugurate  the  institution  as  soon  as 
practicable;  secures  to  the  funds  all  previous  appropriations;  di- 
rects that  only  the  interest  on  the  funds  shall  be  used,  and  adds  to 
the  already  growing  resources  of  the  University,  one  million  acres 
of  the  public  domain — a  territory  considerably  larger  than  Rhode 
Island.  It  prescribes  the  object  of  the  university  to  be  "the  pro- 
motion of  literature,  and  the  arts  and  sciences,"  and  incorporates 
as  a  department  or  "branch  of  the  university,  for  instruction  in  ag- 
riculture, the  mechanic  arts,  and  the  sciences  connected  therewith," 
the  State  agricultural  and  mechanical  college,  which  had  been  estab- 
lished in  1871  under  the  Congressional  appropriation  for  such  in- 
stitutions. It  requires  that  the  location  of  the  university  shall  be 
determined  by  a  vote  of  the  people  of  the  whole  State;  and  directs 
that  a  "college  or  branch  university"  be  established  and  maintained 
for  the  instruction  of  the  colored  youths  of  the  St! 

Thus  the  policy  of  past  legislation  has  been  to  guard  with  sacred 
care   and   greatly    augment   the   resources   of   the    um  until 

they  should  be  ample  enough  to  found  an  institution  worthy  of  the 
name.  An  examination  of  the  present  condition  of  these  reso 
reveals  the  gratifying  fact  that  the  organization  of  the  university 
need  not  be  deferred  any  longer.  Somewhat  more  than  one-half  of 
the  land  donation  made  by  the  Republic  of  Texas  has  been  sold 
for  about  half  a  million  dollars,  and  the  proceeds  have  been  eithi  r 
invested  in  five,  six,  and  seven  per  cent  State  bonds,  or  held  in  ten 
per  cent  land  notes.  The  sum — one  hundred  thousand  dollars — 
appropriated  to  the  university  by  the  act  of  1858,  was  borrowed 
by  the  State  and  afterward,  in  1866,  replaced  by  five  per  cent  State 
bonds.  The  invested  funds,  therefore,  amount  to  nearly  six  hundred 
thousand  dollars,  and,  by  the  sale  of  lands  are  steadily  enlarging. 
The  accrued  interest,  at  the  close  of  the  .present  year,  will  amount 
to  more  than  two  hundred  thousand  dollars,  and  the  annual  im  • 
on  the  invested  funds  exceeds  forty  thousand  dollars.  The  un- 
sold lands  are  worth,  at  present,  one  and  one-half  millions  of  dol- 
lars, and  their  value  is  steadily  advancing.  The  endowment  funds, 
buildings,  grounds,  etc.,  of  the  department  of  agriculture,  and  tho 
mechanical  arts  are  valued  at  four  hundred  thousand  dollars.  The 
University  of  Texas  is  worth,  therefore,  exclusive  of  two  hundred 
thousand  dollars  accrued  interest,  two  and  one-half  millions  of  dol- 
lars; and  this  superb  endowment  is  enhancing  with  the  growth  of 
the  State  in  wealth  and  population.  Few,  even  of  the  mosl  famous 
institutions  of  the  world,  commenced  their  history  on  bo  generous 
a  foundation.  Neither  Harvard  nor  Yale  was  so  wealthy  at  the 
completion  of  its  first  centenary.  No  university  in  the  country,  out- 
side of  New  England  and  the  Middle  States,  is  so  richly   endo 


tins  University  of  Texas  Bulletin 

The  wise  liberality  of  the  State  in  laying  so  broad  a  foundation  for 
the  university  is  the  best  guarantee  that  the  means  which  may 
hereafter  be  needed  to  maintain,  develop,  and  perfect  it,  will  not 
be  withheld. 

November,  1880.     Vol.  1,  No.  4,  pp.  91,  92,  93 

THE  UNIVERSITY  OF  TEXAS,  by  Oscar  Henry  Cooper,  Huntsville 

II.  The  recent  remarkable  development  of  interest  in  education 
of  all  kinds,  which  is  manifested  throughout  Texas,  affords  conclu- 
sive and  unquestioned  proof  that  the  spirit  of  progress  has  taken  a 
deep  and  permanent  hold  on  the  destinies  of  the  State.  The  people, 
no  longer  content  with  splendid 'provisions  for  the  future,  are  de- 
manding adequate  provisions  for  the  present.  The  sentiment  in 
favor  of  free  elementary  education  has  widened  and  deepened  until 
it  has  overborne  all  serious  opposition.  Normal  schools,  estab- 
lished by  the  State  to  train  teachers  for  the  public  schools,  and 
supported  with  unexampled  liberality,  strengthen  this  sentiment  and 
crown  its  triumph.  The  reorganization  of  the  State  Agricultural 
and  Mechanical  College,  which  seems  to  have  been  made  necessary 
by  the  departure  of  the  institution  from  the  purpose  for  which  it 
was  founded,  shows  that  the  State  is  taking  hold  of  its  educational 
problems  with  the  boldness  and  earnestness  which  they  demand. 
The  various  denominational  colleges,  and  numberless  local  insti- 
tutions of  learning,  though  sadly  hampered  by  want  of  resources, 
are,  in  general,  more  prosperous  and  more  largely*  attended  than 
ever  before.  In  the  meantime,  however,  increasing  numbers  of 
students  are  seeking  in  other  States  better  facilities  for  higher 
education  than  are  afforded  anywhere  in  Texas. 

The  catalogue  for  1879-80  of  a  university  a  thousand  miles  away 
contains  the  names  of  thirty-one  Texans;  that  of  another  contains 
thirty,  and  the  State  has  representatives  in  nearly  all  the  Northern 
and  Eastern  colleges.     More  than  three  hundred*   young  men  went 

Mini.  Eaton,  in  a  letter  to  the  writer  dated  October  21,  1SS0.  gives  the 
number  of  Texans  attending-  colleges  in  other  States  as  312.  The  returns 
of  the  Bureau  of  Education  are  confessedly  incomplete. 

from  this  State  during  the  past  year  to  pursue  courses  of  study 
which  might  be  taught  in  such  a  university  as  Texas  may  organize 
almost  at  the  beginning.  The  annual  pecuniary  loss  to  the  State 
from  this  source  does  not  fall  far  short  of  two  hundred  and  fifty 
thousand  dollars.  This  is  indeed  one  of  the  minor  losses  incident 
to  the  dependence  of  Texas  on  other  States  for  its  higher  education, 
yet  it  is  not  an  unimportant  consideration  in  a  new  State,  which 
needs  all  its  capital  and  much  more  to  carry  forward  the  develop- 
ment of  its  well-nigh-  inexhaustible  resources.     The  number  of  young 


A  Source  B<><>l>-  of  tJn   University  of  Texas 

ladies  attending  college  outside  the  State  is  probably  twic< 
and  the   expense  proportionally   greater. 

This  manifest  and  pressing  want  of  adequate  facilities  for  b 
education,    appealing    to    the    newly    awakened    interest    in    g< !l 
education,    has   led    to   a  positive  and   wide-spread   demand    tor    the 
immediate  organization   of  the   University   of  Texas.     This  demand 
is  justified   by   other  and   even  weightier  considerations.      The 
trol  of  society  by  the  higher  intellectual  and  mora]   forces  n< 
tates  the  establishment  and  maintenance  of  institutions  for   b 
culture,  to  anticipate  the  wants,  mold  the  character,  and  guid^ 
aspirations  of  "those  who  shall  stand  forth  as  the  Leaders  of  l 
Texas  contains  hundreds  of  young  men  of  high  capacity  and   glow- 
ing  energy,    who    earnestly   desire   a  liberal    education,    but    fail    to 
obtain  it  from  their  inability  to  incur  the  outlay  involved  in   'ong 
journeys  and  protracted   residence   at  expenshe   oolleges  in   di 
States.      The  advancement  of  public  education  and  the  elevation  of 
the  standard  of  scholarship  in  existing  schools  and  colleges  thro 
out  the  State  will  be  realized  through  the  clearer  lighl    and   fuller 
strength   of  the  higher  education.      If,   to  these    considerations,    we 
add   the  humiliation  to   State  pride  of  being  held   the  "Barbary  <>f 
Union,"*  and  remember  that  we  possess  resources  ample  enough  to 
satisfy  the  most  exacting,  it  becomes  manifest  that  the  reason 
organizing  the  University  of  Texas  at  once  are  overwhelming.      Wi  11 
may   Governor   Roberts  exclaim,   "I   am  opposed   to   waiting  longer; 
the  posterity  for  whom  this  bounty  was  donated  forty  yeai 
come.     We  of  the  present  generation  are  the  intended  beneficiarit 
A   resolution    recommending   the  early   organization   of  the    I 
sity  was  passed  unanimously  by  the  State  Teachers'   Association  at 
its   last  session,  and  a  similar  resolution   was   Incorporated   In    the 
platform  adopted  by  the  Diemocratic  party  for  the  present  campaign. 
It  is  gratifying  to  the  friends  of  education  everywhere  that  the  im- 
mediate  organization  of  the   University,    having  been    brought  thus 
prominently  before  the  public  mind,  has  elicited  no  opposition  from 
any  source  whatever,  and  it  commands  the  unqualified  Bupport  of  the 
most  enlightened  and  influential  citizens  of  the  State. 

It  is  vitally  important  that  the  wise  policy  which  has  led  to  the 
accumulation  of  ample  resources  before  commencing  to  organize 
should  control  in  the  delicate  and  difficult  work  of  establishing  and 
ordering  the  University.      A  mistake  at  this  point  mighl   foreshadow 


•Jefferson  applied   this   name   to   the  Old  Dominion    when   he   was   ui 
the  State  to  found  the  University  of  Virginia- 
tin  a  letter  addressed  to  the  writer,  March  31,  1880,  by  which  tl 
discussion  of  the  State  University  question    was  opened.      It    is    fortunate 
for  the  cause  of  higher  education   in   Texas   thai    tbe   Stale    I'm 
a   champion   so    able    and   so    trusted    by    all    the    people    aa    his    excellency. 
Governor  Roberts,  who  has  held  the  highest  positions  [ 
and  honored  every  position  that  he  has  held. 


670  University  of  Texas  Bulletin 

"the  setting  of  a  great  hope,"  defeat  the  plan  of  the  Founders  of 
the  Republic,  and  rob  the  future  of  a  priceless  blessing.  Univer- 
sities are  perhaps  the  most  complex  products  of  modern  civilization. 
Their  power  and  efficiency  are  not,  indeed,  necesarily  proportioned 
to  their  age  or  endowment — for  some  of  the  leading  universities, 
both  of  Europe  and  America,  are  among  the  youngest — yet  such  an 
institution  as  Texas  needs,  and  may  establish,  can  not  spring,  a  full 
panoplied  Athena,  from  the  brain  of  the  wisest  and  most  enlight- 
ened legislature.  The  best  and  safest  course  for  the  legislature  to 
pursue  would  seem  to  be  to  entrust  the  organization  and  control 
to  a  carefully  selected  board  of  regents,  who  should  be  chosen  for 
life  or  a  long  term  of  years. 

The  selection  of  the  board  of  regents  will  thus  be  the  most  im- 
portant duty  to  be  performed  by  the  legislature  in  connection  with 
the  University.  This  board,  which  may  conveniently  consist  of  *he 
Governor,  ex  offcio,  and  one  member  from  each  congressional  dis- 
trict, should  be  made  up  of  the  best  men  in  the  State.  Liberal 
culture,  a  catholic  spirit,  great  practical  wisdom,  and  the  highest 
personal  integrity  should  be  indispensable  qualifications  for  mem- 
bership. In  general,  graduates  of  leading  American  universities, 
many  of  whom  hold  high  positions  in  business  or  professional  life 
throughout  the  State,  should  be  preferred.  The  organization  of  the 
university,  if  committed  to  men  of  this  character,  will  be  accepted 
as  an  exalted  trust,  to  be  administered  as  'a  labor  of  love,  in  the 
light  of  the  world's  best  thought,  to  the  honor  of  the  State  and  the 
benefit  of  present  and  future  generations.  If,  then,  the  legislature, 
after  ordering  the  election  for  the  location  of  the  University  as  pre- 
scribed by  the  Constitution,  shall  select  a  wise,  able  and  earnest 
board  and  delegate  to  this  board  the  entire  organization  and  control 
of  the  institution  in  all  its  interests,  it  will  deserve  not  only  the 
gratitude  of  the  people  of  the  State,  but  also  the  applause  of  the 
friends  of  education  throughout  the  country.  One  of  the  earliest 
duties  of  the  board  of  regents  will  be  the  election  of  the  president 
of  the  University.  The  importance  of  securing  the  counsel  and 
guidance  of  an  able  president  before  the  form  of  the  University  shall 
have  been  fixed  is  evident  at  once.  The  success  of  nearly  all  the 
leading  American  colleges  has  been  due,  in  a  large  measure,  to  the 
guiding  and  inspiring  minds  of  great  presidents.  The  first  president 
of  the  University  of  Texas  should  be  preeminently  an  organizer. 
He  should  be  conversant  with  the  best  systems  »of  university  organ- 
ization, both  in  America  and  Europe.  He  should  be  alive  to  the 
growing  demands  which  the  present  age  is  making  for  higher  cul- 
ture, and  be  able  to  so  arrange  the  work  of  instruction  as  to  fulfill 
the  just  expectation  of  an  enlightened  public  opinion.  He  should 
also  be  fa'miliar  with  the  needs  of  the  State,  and  in  full  accord  with 
the    State    system    of   public   instruction,    of    which    the    University 


A  Source  Book  of  the  University  of  Texas  673 

should  be  the  strongest  support  and  the  chiefest  glory.  And  lastly, 
he  should  be  endued  with  somewhat  of  the  wondrous  power  of  him 
who, 

"To  his  native  center  fast, 

Shall  into  Future  fuse  the  Past, 

And   the  world's  flowing  fates  in   his   own   mold   recast." 
A  good  Governor  for  the  State  may  be  more  easily  found  than 
a  fit  president  for  the  University. 

The  solution  of  the  many  complex  problems  which  are  incident  to 
the  founding  of  any  institution  of  learning  intended  to  be  a  "posses- 
sion forever"  may  safely  be  left  to  an  able  board  of  regents,  guided 
by  the  counsel  of  a  wise  and  experienced  president.  The  most  im- 
portant questions  demanding  attention  at  the  outeet  will  concern 
the  scope  to  be  given  to  instruction  in  the  University,  the  selection 
of  suitable  professors,  and  the  erection  of  necessary  buildings.  Per- 
haps the  earliest  subject  to  be  considered  Mill  be  the  plan  of  the 
University,  the  scope  of  its  instruction.  Which  of  the  various  sys- 
tems shall  be  followed,  the  German,  the  English,  the  American  col- 
lege, or  the  "ideal  American  university?"  It  seems  most  probable 
that  an  able  and  enlightened  Board  of  Regents,  guided  by  the  coun- 
sel of  a  president  familiar  with  these  different  systems,  will  de- 
velop a  new  plan,  combining  some  of  the  best  features  of  all,  yet 
differing  from  all  in  being  adapted  to  the  special  wants  of  Texan 
society.  In  the  present  condition  of  Texan  colleges  it  will  be  neces- 
sary to  establish  courses  of  study  leading  to  baccalaureate  degrees  in 
Arts,  Literature,  and  in  Science.  If  the  existing  colleges  and  others 
which  shall  be  established  hereafter  could  be  made  to  do  a  work 
similar  to  that  accomplished  by  the  gymnasia  of  Germans,  and  the 
University  be  thus  left  free  to  devote  its  resources  to  strictly  uni- 
versity studies,  every  friend  of  higher  education  would  rejoice.  But 
such  a  scheme  is  wholly  impracticable  in  Texas,  and  probably  would 
be  impracticable  anywhere  in  the  United  States.  If,  howevor,  the 
requisites  for  admission  be  made  as  high  as  those  of  the  best  eastern 
colleges — as  for  example  of  the  newly  founded  Johns  Hopkins  Uni- 
versity at  Baltimore — the  University  will  interfere  very  slightly 
with  any  of  the  existing  colleges,  whose  work  is  chiefly  preparatory. 
This  direct  loss  to  these  institutions  will  he  more  than  repaid  by 
the  good  indirectly  done  in  rousing  their  friends  to  Increase  Mhelr 
resources,  and  thus  enable  them  to  raise  their  standard.  Only  the 
fungi  among  institutions  of  learning  will  be  endangered  by  the 
University;  good  schools  will  everywhere  be  strengthened.  Co 
of  study  leading  to  the  higher  degrees  of  Master  of  Art-.  Doctor  of 
Philosophy  and  Civil  Engineer  will  be  demanded  at  the  outset,  and 
students  should  be  encouraged  to  seek  these  degrees  by  meal 
the  system  of  fellowship  which  has  been  so  fruitful  of  good  results  in 
various  leading  universities.      The  number  and  variety  of  the  courses 


672  University  of  Texas  Bulletin 

of  study,  both  graduate  and  undergraduate,  will  be  determined  by 
the  greater  or  less  conservatism  of  the  board  of  regents,  their 
knowledge  of  the  experience  of  other  institutions  of  learning,  and 
the  extent  of  the  available  resources  of  the  University.  The  central 
life  of  the  University  will  doubtless  be  in  the  liberal  culture  im- 
parted by  the  courses  of  instruction  in  the  departments  of  Literature 
and  the  Arts.  The  department  of  law  should  be  established  at  once, 
and  a  department  of  medicine  should  probably  be  added  at  an  early 
date.  The  generous  foundation  of  the  department  of  Agriculture 
and  the  Mechanic  Arts  should  be  at  once  broadened  into  a  school 
of  science,  similar  to  the  Sheffield  Scientific  School  at  New  Haven, 
or  the  School  of  Mines  of  Columbia  College. 

The  duties  of  instruction  in  the  various  departments  of  the  Uni- 
versity should  be  intrusted  to  gentlemen  of  such  recognized  ability 
and  eminence  that  no  Texan  need  leave  the  State  to  study  anywhere, 
in  this  country  at  least;  any  subject  which  the  University  under- 
takes to  teach.  It  will  thus  be  the  policy  of  the  University  to  secure 
at  the  outset  gentlemen  of  the  highest  culture  and  character  for 
the  professorships.  The  best  men  should  be  sought  without  regard 
to  section  or  creed.  Whether  from  Harvard,  first  in  age  and  wealth, 
or  Yale,  "mother  of  colleges"  and  preeminent  in  science,  or  Princeton, 
so  largely  represented  in  the  South,  or  the  University  of  Virginia, 
the  pioneer  American  university,  or  the  University  of  Michigan, 
crowning  a  superb  system  of  public  instruction,  such  as  Texas  hopes 
one  day  to  enjoy;  whether  from  some  of  these  or  all  or  others,  from 
American  or  European  universities,  men  should  be  sought  for  the 
University  of  Texas,  whose  scholarship  will  command  not  only  the 
confidence  of  the  State  and  the  admiration  of  the  students,  but  also 
the  respect  of  the  world.  To  obtain  such  men,  the  board  of  regents 
will  need  much  wisdom,  patience,  and  liberality,  for  adventurous 
scientists,  often  strangely  sustained  by  "letters  of  recommenda- 
tion" from  high  sources,  are  ever  ready  with  eager  "applications" 
for  responsibilities  which  the  ablest  and  most  profound  scholars  hes- 
itate to  accept.  The  culture  and  insight  of  the  president  should  be 
utilized  in  the  difficult  but  all-important  task  of  selecting  the  right 
men  for  the  professorships.  Under  proper  management,  the  attrac- 
tions of  a  new  and  well  endowed  university,  located,  we  trust,  in  a 
beautiful  city — the  State  capital — in  a  mild  and  wholesome  climate, 
enjoying  the  unbounded  confidence  and  affection  of  a  generous  and 
growing  people,  and  paying  salaries  as  good  as  the  best,  can  not  fail 
to  secure  such  professors  as  the  plan  and  purpose  of  the  University 
demand. 

The  ability  of  the  University  to  provide  the  best  instruction  will 
be  greatly  enhanced,  if  no  attempt  is  made  to  erect  costly  and  ex- 
pensive dormitories.  The  present  century  has  witnessed  the  decay 
of  many  ancient  and  venerable  superstitions,  among  which  must  be 


A  Source  Book  of  the  University  of  Texas 

reckoned  the  belief  that  a  university  can  not;  exist  without  dormi- 
tories. The  results  of  the  abolition  of  dormitories  by  the  Univer- 
sity of  Michigan  have  been  so  favorable  that,  according  to  Profes- 
sor Adams,  "no  officer  of  the  university  has  i  ired  that  they 
should  be  reinstated."  The  Johns  Hopkins  progresses  most  admir- 
ably without  dormitories,  and  to  one  acquainted  with  the  German 
universities,  the  course  pursued  by  some  of  the  best  colleges  in  this 
country  of  expending  hundreds  of  thousands  of  dollars  in  building 
dormitories,  which  will  be  a  heavy  annual  tax  of  thousands  on  the 
general  ^funds  of  the  college,  seems  unwise  and  extravagant.  The 
income  of  the  University  of  Texas  will  be  better  employed  in  paying 
the  salaries  of  eminent  professors  and  able  lecturers,  and  in  supply- 
ing the  institution  with  a  museum,  extensive  apparatus,  and  an  ample 
and  growing  library,  than  in  building  imposing  dormitories. 

The  question  whether  the  advantages  of  inaugurating  a  university 
under  the  auspices  of  the  State  are  not  counterbalanced  by  peculiar 
dangers  and  difficulties  has  not  been  seriously  considered  in  Texas. 
It  is  enough  that  facilities  for  higher  education  are  greatly  needed, 
and  that  the  State  alone  is  able  to  supply  them.  The  farseeing  pel- 
icy,  which  has  controlled  in  the  accumulation  of  large  resources,  if 
continued  In  the  organization  of  the  institution,  will  preclude  in- 
novations not  tending  to  broaden  and  elevate  the  scope  and  influence 
of  the  University.  Of  State  universities,  in  general,  it  will  be  diffi- 
cult to  controvert  the  position  of  the  able  and  accomplished  Super- 
intendent Pierce,  to  whom  chiefly  Michigan  owes  its  admirable 
system  of  public  instruction;  "Tn  respect  to  the  assertion  that  State 
institutions  do  not,  and  can  not  flourish,  it  may  safely  be  affirmed 
that  the  history  of  the  past  proves  directly  the  reverse.  The  oldest 
and  most  venerable  institutions  in  this  country  are  emphatically 
State  institutions;  they  were  planted,  came  up,  increased  in  stature, 
and  attained  to  the  maturity  and  vigor  of  manhood,  under  the  guid- 
ance and  patronage  of  the  State.  The  same  is  true  of  nearly  all 
the  European  universities.  They  are  State  institutions,  founded, 
sustained,  and  directed  by  the  State."  It  will  not.  be  safe  to  atlirm 
that  State  universities  "do  not  and  can  not  flourish"  in  this  country 
until  the  American  people  shall  have  lost  its  capacity  for  self-gov- 
ernment, and  the  spirit  of  progress  shall  have  forsaken  the  Anglo- 
Saxon  race. 

The  University  of  Texas  will  commence  its  career  under  unusually 
favorable  conditions.  Founded  by  the  Fathers  of  the  Republic,  and 
fostered  for  nearly  half  a  century  by  the  State,  it  will  enjoy  in  the 
fullest  measure,  the  affection  and  confidence  of  the  whole  p< 
Organized  by  the  newly-awakened  spirit  of  educational  progress,  its 
inauguration  marks  the  incoming  of  a  new  era  in  the  development 
of  society  in  the  Lone  Star  State.  Great  results  can  net.  indeed,  he 
expected  at  once,  for  early  growth,  if  wholesome  and  enduring,  must 

43—227 


074  University  of  Texas  Bulletin 

be  slow  and  gradual.  The  influence  indirectly  exerted  in  moulding 
public  opinion,  in  elevating  the  standard  of  culture,  and  in  unifying 
and  invigorating  the  State  system  of  public  instruction  will  be  very 
great  from  the  beginning;  the  more  direct,  deeper,  and  more  abiding 
influence  resulting  from  the  training  and  loyal  devotion  of  a  large 
number  of  the  best  minds  in  the  commonwealth,  will  come  later  and 
more  slowly,  but  it  will  come.  May  we  not  hope  that  an  institution, 
so  nobly  endowed,  and  so  sacredly  guarded  as  this  has  been  by  the 
State  of  Texas,  will  be  so  wisely  organized,  so  ably  administered, 
and  so  generously  sustained  as  to  become  not  only  an  honor  to  the 
State,  a  blessing  to  the  present  and  the  future,  and  a  strong  aid  to 
the  progress  of  civilization,  but  also,  ultimately,  one  of  the  foremost 
of  American   universities? 

January,   1881.      Vol.   1,    No.  6,   pp.   130-131 

REPORT    OF    STATE    BOARD    OF    EDUCATION,    for    1880-81,    re- 
printed,  pp.    126-131 

.March,    1881.      Vol.    1,    No.  7,  pp.    147-148 

TEXAS   UNIVERSITY 

[Editorial,  mostly  consisting  of  a  complete  letter  from  Col.  Ashbel  Smith, 
later  in  the  year  made  President  of  the  Board  of  Regents.] 

.  .  .  .  We  are  much  pleased  to  welcome  as  a  regular  contributor  to 
the  columns  of  the  Journal  a  writer  so  highly  and  so  universally  recognized 
for  his  learning  and  patriotism  by  our  own  people,   and  one  whose  worth 

and  ability  is  not  unknown  in  other  S'tates  and-  countries Letter 

of  Dr.   Smith. 

Referring  to  our  conversation  yesterday  on  the  bill  before  the 
Legislature  to  establish  the  University  of  Texas,  I  beg  leave  to  submit 
the  following  observations: 

In  order  that  the  University  shall  be  a  success,  that  it  shall,  in 
its  organization,  furnish  assurance  of  such  management  and  in- 
struction as  the  people  and  youth  of  Texas  need,  it  is  indispensable 
that  the  University  be  wholly  exempt  from  all  political  control,  and 
even  from  all  political  influence.  No  man  possessing  the  high 
character,  the  knowledge  and  practical  talent  necessary  for  a  first- 
rate  professor,  will  accept  a  chair  in  the  University  if  he  is  to  be 
subjected  to  the  contingencies  of  our  frequently  recurring  political 
elections  or  his  qualifications  discussed  and  the  prejudices  of  a 
partisan  Legislature.  All  the  eminent  and  efficient  professors  in  the 
older  institution  of  this  country  and  in  those  of  the  old  world  agree 
in  that  they  hold  their  chairs  for  life — that  is,  so  long  as  they  fill 
them  ably  and  worthily.  The  power  of  removal — as  well  as  of  ap- 
pointment— must    reside    somewhere,    naturally,    in    the    Board    of 


A  Source  Booh  of  tin  University  of  Texas  675 

Regents,  who  also  by  the  long  tenure  of  their  office  should  be  exempt 
from  the  political  influences  of  the  hour.  The  removation  of  a  por- 
tion of  the  Board  every  two  years,  as  provided  for  in  section  6  oi 
the  bill,  sufficiently  subordinates  the  management  of  the  University 
to  the  wholesome  control  of  public  opinion. 

•  The  location  of  the  University  is  of  the  very  highest  importance. 
The  Constitution  submitting  the  location  to  a  vote  of  the  people, 
fixes  the  manner  of  making  this  location.  I  confess  that  no  point  in 
the  starting  of  the  University  strikes  me  as  of  equal  importance  as 
this  one  question  of  location.  Other  errors,  other  missteps,  negli- 
gent or  unadvised  action,  can  be  remedied  by  the  Board  of  R< 
or,  if  needed,  by  subsequent  legislation.  The  location  once  made  by 
popular  vote,  is  established  for  all  time  to  conic  In  my  opinion 
tnere  can  be  only  one  suitable  place  for  the  University,  and  thai  is 
the  seat  of  government,  the  city  of  Austin.  To  set  forth  the  argu- 
ment in  favor  of  Austin,  even  incompletely,  would  lill  a  long  letter. 
Austin  is  pre-eminently  healthy,  it  is  easily  accessible  by  railroads 
from  every  section  of  the  State.  Among  minor  considerations,  and 
yet  of  no  inconsiderable  weight,  is  the  abundant  of  magniflcient 
rock  for  building  in  its  immediate  neighborhood.  But  the  greal 
argument  in  its  favor,  in  my  opinion,  is  this:  that  it  is  the  seal  of 
State  government  and  one  of  our  large  cities.  You  rant  h; 
first-class  University  if  located  in  the  country,  nor  if  located  in  one 
of  what  may  be  called  our  provincial  cities,  though  these  be  pros- 
perous, situated  in  rich  agricultural  districts  and  doing  a  large 
commerce.  Houston  and  Galveston  are  the  two  greal  coaBl  cities, 
but  they  must  be  ruled  out  as  being  subject  to  the  s>  ourge  of  yellow 
fever.  In  Austin  are  assembled  from  time  to  time  the  highest 
courts  of  law  of  the  State  and  the  local  court  of  the  United  Sti 
here  are  the  officers  of  the  State  government  and  the  distinguished 
men  who  preside  over  them;  here  the  Legislature  meets;  hen  are 
found  distinguished  members  of  the  professions — doctors,  lawyers, 
preachers,  the  equals  of  any  to  be  found  elsewhere  in  Texas.  Such 
presence  embracing  the  above  and  more  are  a  stimulus  of  healthful 
ambition  to  the  ingenuous  youth  of  Texas,  which  no  coo)  grotti 
the  isle  of  Calypso  nor  groves  of  Acadia  can  even  approach  much 
less  equal.  The  presence  of  eminent  men,  honored  by  their  fellow- 
citizens,  discharging  public  duties  fires  the  hearl  of  the  Ingenuous 
student  to  attain  to  like  honor  and  distinction.  Besidi  -  the  eloquence 
of  the  bar  and  the  eloquence  of  the  pulpit,  there  ate  the  debates 
ol  the  houses  of  the  Legislature  which  at  least  are  schools  of 
practical  oratory  the  most  effective  for  the  transaction  of  busi] 
But  not  the  least,  but  perhaps  the  most  precious  advantages  t<>  the 
youth  of  the  University,  if  located  in  Austin,  are  that  miscellam 
knowledge  acquired   in   frequenting   the  society   of  eminent    men   ad- 


676  University  of  Texas  Bulletin 

verted  to  above.  Such  knowledge  cannot  be  acquired  from  books. 
This  society  softens,  forms,  cultivates  the  manners,  to  which  should 
be  added  the  purifying,  restraining  influence  of  the  gentle,  cultured 
society  of  the  other  sex.  I  am  not  half  done  with  this  topic,  but  I 
must  break  off  with  the  simple  observation  that  all  experience  has 
shown  that  in  institutions  of  learning  located  in  cities,  in  large 
cities,  the  young  men  behave  better,  are  more  amenable  to  good 
government  than  in  institutions  located  in  villages.  In  large  cities 
the  students  are  in  reach  of  a  vast  variety  of  miscellaneous 
knowledge  of  incalculable  value  relating  to  industrial  institutions 
as  manufacturers,  the  mechanic  arts,  and  the  multitudinous  business 
of  life.  Ignorance  of  matters  adverted  to  in  the  preceding  sentences 
justifies  to  no  small  extent  the  reproach  that  university  education 
turns  out  of  a  young  man  unfitted  for  the  practical  business  of  life. 

None  of  the  funds  of  the  University  should  be  wasted  in  building 
large  structures  to  serve  as  dormitories  for  the  students.  It  is  even 
worse  than  pure  waste  of  money.  Nor  should  there  be  college 
commons  where  the  students  eat  in  mass.  Private  boarding-houses 
under  proper  authorization  by  the  faculty  are  favorable  to  better 
conduct,  to  cheapness  of  good  living,  and  also  to  a  variety  suited 
to  the  different  purses  of  the  undergraduates  than  are  university 
commons.  Experience  is  decisive  on  these  points.  The  building  of 
houses  for  residence  of  professors  may  at  least  be  postponed. 

The  Senate  has  acted  wisely  in  providing  that  the  medical  de- 
partment may  be  located  separately,  that  is,  in  a  city  other  than 
where  are  located  the  other  departments  of  the  University.  But 
my  letter  is  already  so  long  that  I  defer  this  and  other  points  of 
interest  to  a  separate  letter. 

.  .  .  .  tho'  hastily  written,  the  opinions  expressed  are  the  re- 
sults of  much  careful  observation.  In  a  subsequent  letter  I  pro- 
pose to  take  up  several  other  points  of  great  importance  .... 
I  propose  especially  to  speak  of  the  great  and  most  salutory  effect 
of  a  well-grounded  and  well-managed  State  University  in  our  State 
of  Texas  on  the  greater  development  and  bettering  of  our  Common 
Public  Free  Schools. 

March,  1881.     Vol.  1,  No.  7,  pp  153-154 

The  Regency  of  the  University,  by  Professor  O.  H.  Cooper 

[Reprint  of  part  of  Professor  Cooper's  paper  in  November,  1880,  Journal.] 

April,  1881.     Vol.  1,  No.  8,  pp.  183-184 

[Gives  in  full  S.  B.  98,  Seventeenth  Legislature.] 


A  Source  Book  of  the  University  of  Texas  ('T7 

June,   1881.      Vol.  1,  No.  9,  pp.  196,  1!)7,  108 

THE  UNIVERSITY  OF  TEXAS  CO-EDUCATIOXAL,   by   Mrs.   Jenny 

Beauchamp 

[Mrs.  B.  hopes  that  there  will  be  no  attempt  to  make  such  regulations 
as  will  keep  the  girls  out  of  the  University;  quotes  copiously  from  eight 
educators  in  favor  of  co-education;  refers  at  some  length  to  Vassar  College 
which  is  to  some  extent  the  inspiration  for  Queen's  College  at  Girton; 
quotes  from  President  Warren  of  Boston  University  in  favor  of  co-educa- 
tion; and  concludes  with  an  appeal  to  the  women  of  Texas  to  be  on  the 
alert  and  to  keep  Texas  University  co-educational  from  the  start.] 

June,  1881.      Vol.  1,  No.  9,  pp.  198-199 

THE  UNIVERSITY  OF  TEXAS,  by  H.  M.  Dillard  of  Cameron 

[Outlines  the  multifarious  functions  of  the  University  and  urges  Austin 
as  the  site  for  such  an  institution.] 

July,  1881.      Vol.  1,  No.  10,  pp.  214,  215,  216 

WHERE  SHOULD  A  UNIVERSITY  BE  LOCATED — Editorial 

["Austin  is  adapted  to  stimulate,  assist,  encourage,  ripen  and  fully 
mature  each  and  every  faculty  of  the  moral,  physical,  and  intellectual 
man  more  fully  and  harmoniously  than  any  other  place  in  the 
known  or  unknown  to  fame";  "assuming  that  Austin  is  not  wholly 
without  a  vicious  element,  it  possesses  greater  social  advantages  as 
compared  with  a  university  located  in  the  mountains  of  San  Saba"; 
"universally  conceded  that  Austin  is  one  of  most  healthful  sites  in 
Texas";  quotes  statistics  showing  remarkable  healthfulness  of  inhab- 
itants of  Austin,  and  wonderful  climate.] 

October,   1881.      Vol.    1.    No.   12,  pp.  246-247 

[Result  of  vote  on  the  location  of  the  State  University,  by  Editor.  ] 

December,  1881.      Vol.  II,  No.  2,  pp.  31-33 

[Reprint  of  the  Proceedings  of  the  Board  of  l;  rsl  Meeting.] 

February,  1882.     Vol.  II,  No.   I,  pp.  57-58 

Governor  Roberts'  Address  to  the  Stockmen. 

[The  Journal  prints  extracts  of  Gov.  Rober  a  "wherein  he  gives 

valuable  suggestions  with  reference,  not  only  to  ■  school  im 

bat  wKh  reference  also  to  all  the  leading  material  interests  i>f  the  State."] 


tils  University  of  Texas  Bulletin 

February,  1882.     Vol.  II,  No.  4,  pp.  59-60 

ENDOWMENTS  OF  THE  UNIVERSITY  OF  TEXAS,  by  Editor 

[  Enumerates  the  original  222,400  acres  Act  of  1839;  the  10  per  cent  of 
amounl  of  lands  granted  to  railways  Act  of  1858;  and  the  1,000,000  acres 
granted  by  the  Constitution  of  1876,  which,  however,  took  away  the  lands 
granted  by  the  Act  of  1858.  Calls  attention  to  an  apparent  conflict  be- 
tween Sections  3  and  8,  Article  10.  Constitution  of  1866.  Urges  the  grant- 
ing by  the  Eesislature  of  3,000,000  acres  to  replace  the  equal  amount  taken 
away  by  the  Constitution  of  1S76.] 

March,   1882.      Vol.  II,  No.  5,  pp.  69-70 

ORGANIZATION  OF  THE  UNIVERSITY. — By  the  Editor 

The  Governor,  in  his  proclamation  convening  the  Legislature  in 
extra  session  states  as  one  of  his  objects: 

"To  take  such  action  as  may  be  necessary  in  regard  to  the  Uni- 
versity of  Texas,  and  its  branches,  in  everything  relating  to  their 
government;  to  the  relation  between  them;  to  the  increase  and  dis- 
position of  their  funds;  and  to  take  such  further  action  as  may  be 
deemed  necessary  and  proper  in  any  and  every  respect  for  the  sup- 
port and  maintenance  of  the  Prairie  View  Normal  School,  and  for 
the  discharge  of  its  debts  and  liabilities." 

Under  the  operations  of  an  act  passed  by  the  Seventeenth  Legis- 
lature, the  University  was  located  and"  regents  appointed.  As  re- 
quired by  the  terms  of  said  act,  the  regents  met  November  15,  1881, 
for  the  purpose  of  effecting  an  organization,  and  to  take  such  pre- 
liminary action  as  might  be  deemed  necessary  to  the  early  estab- 
lishment of  the  University. 

The  regents,  however,  were  met  at  the  very  outset  of  their  work 
with  the  painful  fact — the  lack  of  "available  funds";  there  being, 
according  to  their  investigations  and  report,  for  all  purposes,  only 
$37,025  on  hand,  while  for  the  erection  of  buildings  alone,  the  act 
of  March  30,  1881,  allow'ed  .$150,000,  and  for  apparatus,  furniture, 
etc.,  an  additional  $40,000.  While  the  information  gained  by  the 
board  at  this,  their  first  meeting,  respecting  the  funds  of  the  uni- 
versity, and  the  various  sources  of  revenue  from  which  these  are 
derived,  was  very  valuable,  yet  there  is  still  much  vagueness,  and 
want  of  actual  assurance  as  to  the  certainty  of  realization  at  a 
given  time.  That  there  are  abundant  sources  rightfully  and  legally 
belonging  to  the  university  to  put  it  in  active  operation  at  an  early 
day,  there  is  no  doubt. 

It  is  to  this  important  duty  that  the  Legislature  is  requested  by 
the  Governor,  to  turn  their  attention  while  in  extra  session.  It  is 
to  this  "trust,"  so  long  "in  trust,"  that  the  youth  of  Texas  specially 
ask  the  careful  consideration  of  our  legislators  at  this  important 
meeting. 


A  Sourer  Book  of  flu  University  of  Texas 

The  Governor,  in  his  speech  before  the  stockmen,  thus  clas 
the   educational    interest   of   the   State:      "Common    si  r   the 

millions>   colleges  for  the   thousands,  and   uni  for  the  hun- 

dreds." 

The  Governor  means   the  highest  education   for   the   few,    lib 
education   for  the  many,   but   education   for  all. 

The  latter,   or  common  schools,  have  not   been    as   largely   oi 
liberally   provided  for  as  their  friends  might   desire,  still, 
ample  provision  has  been  made  for  the  normal  schools,  which  means 
better  teachers  and  more  of  them  for  the  common  schools. 

The  most  ardent  friends  of  the  necessity  of  normal  school  training 
for  teachers  cannot  complain,  when  it  is  recollected  that  the 
is  now  supplying  the  normal  school  scholars,  at  Huntsville,  not  only 
tuition,  but  board  and  books  to  the  amount  of  $18,000  per  annum. 
Neither  can  the  friends  of  industrial  education  complain,  when  it 
is  known  that  in  addition  to  free  tuition  to  all  students,  the 
provides  board  and  clothes,  and   text   books.  about    ninety- 

three  cadets  at  the  Agricultural  and  Mechanical  College. 

Let  the  extra  session  correct  the  legislation  of  yi  by  which 

the  university  really  became  dispossessed  of  large  property  in  lands; 
let  them  set  at  rest  the  seeming  "conflicts  betwe<  ins   3   and 

8,  article  10,  Constitution  of  1866";  let  them  pass  all  necessary  laws 
by  which  the  funds  actually  accumulated,  and  what  may  accumulate, 
can  be  at  the  disposal  of  the  regents,  so  at  their  next  meeting  they 
may   organize    this    institution    really    pro  or    by    thi 

of   the  Republic. 

Prairie  View  Normal  School,  as  it  is  now  designated,  should  be 
as  liberally  supported  as  any  other  Stat.-  school.  It  should  either 
be  assigned  its  first  and  original  place  as  a  "branch"  of  the 
cultural  College,  and  receive  its  support,  as  that  institution  does, 
from  the  fund  of  the  congressional  maul;  or  it  should  be  mad.-  a 
normal  school  for  the  education  of  colored  teachers,  and  receive' 
the  support  of  a  normal  school,  as  the  Huntsville  BChool  does.  From 
appropriations  made  by  the  Legislature  for  thai    purp 

The  Governor,  too,  in  that  same  address  to  the  stockmen  well 
said:  "We  need  a  higher  education  just  as  ninth  as  we  need  the 
lower." 

Texas  needs  this  university  as  one  of  the  buttresses  upon  which 
must  rest  her  grand  educational  arch,  the  common  BChool  being  tin- 
other. 

No  public  school  system    is   complete   without    a   State   Unlver 
to  crown  it.     No  educational  system  is  thoroughly  equipped  without 
the  university  as  the  great  local  lens,  concentrating  the  Intellectual 
rays  and  sending  them  back   intensified  to  lighl   up  the  whole  . 

While  the    Legislature  must    and   will   furnish    the   ways,   and 
means,  too,  to  do  this,  the  hoard  of  regents  must  dered  the 


680  University  of  Texas  Bulletin 

actual  architects,  the  real  builders  of  this  university  whose  founda- 
tions shall  be  learning  and  wisdom,  patriotism  and  religion.  "Archi- 
tects (from  a  distance)  will  offer  plans  with  a  view  to  imposing 
grandeur — to  outward  appearances."  These  will,  it  is-  feared,  im- 
pede the  progress  of  organization. 

The  middle  ages  have  not  built  cloisters  for  us,  why  should  we 
build  for  the  middle  ages?  We  do  not  need  monumental  piles.  Had 
the  money  that  has  been  sunk  in  brick  and  mortar  in  this  country 
during  the  last  twenty  years  been  judiciously  invested,  the  salary 
of  every  professor  in  America  might  have  been  doubled  at  this 
moment. 

The  city  of  Philadelphia  expended  two  millions  of  dollars  upon 
Girard  College.  It  succeeded  in  building  a  Grecian  temple  that  is 
the  wonder  of  the  visitor  and  the  terror  of  the  teacher.  Of  the  in- 
come of  the  Girard  estate  in  1880  ($810,397),  $350,112  was  ex- 
pended in  repairs  on  Girard  College  the  same  year.  How  different 
the  example  of  the  great  Bismarck.  Within  three  years  from  the 
annexation  of  Alsace,  the  German  government  re-established  the 
university  of  men — live  men;  and  the  ultimate  test  of  a  university 
is  its  ability  to  command,  to  secure  and  retain  learned  and  enthu- 
siastic professors. 

But  if  an  example,  nearer  home,  is  necessary,  the  Johns  Hopkins 
University  began  in  rented  rooms,  and  as  yet  has  not  any  separate 
and  distinct  university  buildings. 

Strassburg  with  eighty  professors  and  over  six  hundred  students 
has  not  a  single  building  that  it  can  properly  call  its  own.  This 
was  not  for  the  lack  of  funds.  Bismarck  knew  too  well  that  the 
strength  of  a  university  did  not  consist  in  dead  buildings — mere 
mortar  and  stone,  decorated  by  the  fanciful  designs  of  the  archi- 
tect. But  the  work  in  the  Johns  Hopkins  is  more  circumscribed, 
and  the  character  of  the  instruction  more  in  the  light  of  investiga- 
tion purely  than  is  contemplated  by  the  University  of  Texas,  or  the 
State  universities  generally. 

There  is  a  pressing  need  for  this  university  at  this  time.  The 
young  men  of  Texas  demand  it.  They  are  leaving  the  State  not 
only  in  scores,  but  by  hundreds,  seeking  in  other  States,  and  even 
in  foreign  countries,  what  should  be  prepared  and  furnished  them 
at  home. 

This  university  will  have  for  its  object  the  training  of  young 
men  who  are  largely  to  be  the  controllers  of  the  State,  whether  in 
the  humbler  walks  of  private  citizens  or  in  the  higher  and  more  re- 
sponsible duties  of  professional  life.  The  people  of  Texas  at  present 
are  from  the  ends  of  the  earth,  but  the  sons  of  these  fathers  will 
have  a  oneness  of  country  and  a  oneness  of  purpose  in  life — the  de- 
veloping, and  improving,  and  ornamenting  their  State — making  her 
famous  among  her  sisters.     A  State  pride  will  be  fostered;  there  will 


A  Source  Book  of  the  University  of  Texas  681 

be  an  indescribable  crystallization  of  the  higher  sentiments — duties 
to  our  country  and  to  ourselves,  in  morals  and  manners,  and  re- 
ligion— brought  about  by  attending  this  university.  Foung  nun 
meeting  and  mingling  together,  laboring  and  rejoicing  at  the 
time,  in  the  same  departments  of  learning,  in  the  same  lecture  rooms, 
in  the  same  laboratories,  in  the  same  libraries,  in  the  same  museums, 
in  the  same  gymnasiums,  upon  the  same  playgrounds,  in  the  Bame 
churches,  at  the  same  altars — these  are  the  associations  that  cultivate 
imperceptibly    the    esprix  du  corps,  the    prevail  rit    of    culture, 

and  study  that  must  and  does  infuse  itself  into  the  minds  and  hearts 
of  a  body  of  young  men  receiving,  and  imparting  too,  the  daily  in- 
structions of  conscientious,  learned  and  enthusiastic  teachers,  all 
mellowed  and  hallowed  by  the  sweet  influences  of  polite  society. 

It  is  not  expected  that  this  university  will  come  forth  fully  equipped 
in  every  particular,  like  the  fabled  birth  of  Minerva  from  the  bruin 
of  Jupiter,  but  it  is  confidently  believed  that  a  people  with  the  ca- 
pacity of  building  up  every  other  department  of  the  material  in- 
terests of  the  State,  can  safely  be  entrusted  to  found  and  to  organ  i/.p 
a  State  University  which  shall  be  second  to  none  on  this  continent, 
except  in  age. 

April,  1882.      Vol.  II,  No.  0,  pp.  85,  80,  87,  88 

THE  UNIVERSITY   OF  TEXAS.      By  the  Editor 

[The  author  urges  that  a  college  is  quite  different  from  a  univer- 
sity;  then  adds:] 

"The  word    'collegium'  signifies  a  collection,  or  rather  our  word 
selection.     A  college  has  for  its  purpcse  culture  as  an  end,  and   i 
upon  the  selection  of  a  few  well-tried  leading  branches  of  instruction, 
such  as  the  classics,  mathematics,  logic,  mental  and  moral  philosophy, 
as  the  prominent  studies  embraced  by  the  curriculum. 

The  manner  of  instruction,  the  discipline  (in  the  sense  of  govern- 
ment), is  very  different  in  the  college  from  that  in  the  university. 
In  the  college  the  students  are  held  to  close  class  recitations,  and 
hence  the  standard  of  proficiency  is  for  the  mediocre;  the  bright 
and  industrious  are  held  back,  while  the  dull  and  the  laggard  ones 
are  helped  up.  The  professors,  or  rather  tutors,  meet  the  students 
daily  in  the  class  rooms,  come  in  close  contact  witli  each  one  sep- 
arately, 'hears  him  recite  and  marks  him.' 

"The  president  in  the  college  is  emphatically  (he  head— nol  only 
is  he  the  ruling,  controlling  spirit  of  the  faculty,  but  of  the  board 
of  trustees  or  managers.  None  of  the  professors  air  expected  t<> 
approach,  much  less  rise  superior  to  him,  in  literary  ability  or  in 
personal  popularity.  He  is  the  standard,  and  hence  the  coll- 
what  he  makes  it,  or  permits  it  to  be.  In  the  college  family  the 
president  is  truly  'in  loco  parentis.' 


<;nl*  University  of  Texas  Bulletin 

"What  is  a  university?  The  Roman  law  term  uni r>  rsitas  means 
'a  corporation,'  but  the  academic  term  implies  a  corporation  for 
teaching  and  studying  all  knowledge. 

"Rut  within  narrower  hounds  the  university  may  be  said  to  in- 
volve these  two  features:  First,  it  is  a  school  for  general  knowledge. 
Second,  a  collection  of  special  schools  for  preparation  in  one,  two 
or  three  of  the  learned  professions." 

[The  author  urges  that  in  a  university  the  faculty  should  select 
its  own  chairman;  quotes  from  Mr.  Cornell:  "I  wrould  found  an  in- 
stitution where  any  person  can  find  instruction  in  any  study";  urges 
the  establishment  of  a  Department  of  Philosophy;  urges  the  need 
of  modern  languages,  modern  thought  and  modern  sciences;  stresses 
the  importance  of  English;  expresses  the  opinion  that  there  ought  to 
be  three  professors  of  law  and  five  professors  of  medicine;  urges  the 
establishment  of  a  school  of  dentistry  and  school  of  journalism; 
thinks  that  the  "didactics"  of  science  teaching  should  be  taught  in 
the  College  of- Arts;  urges  that  university  faculty  should  be  "Quam 
fluctus  diversi,  quam  mare  conjuncti";  urges  convenient  buildings, 
but  inexpensive;  urges  co-operation  between  the  high  schools,  de- 
nominational schools  and  the  University;  congratulates  the  State  on 
the  selection  of  Austin.] 

i 

April,  1882.     Vol.  II,  Xo.  6.,  pp.  88-89 

BE  JUST.      By  the  Editor 

[Urges  the  repayment  with  interest  of  money  taken  from  the  Uni- 
versity by  the  State,  also  of  lands  taken  by  the  Constitution  of  1876; 
if  done,  assets  of  $3,665,379  would  result.] 

May,   1882.      Vol.  II,  No.   7,  pp.   102-103 

SCHOOLS— ELEMENTARY,    NORMAL    AND    UNIVERSITY 

That  valuable  and  j  conservative  paper,  the  Dallas  Herald,  in  a 
letter  from  the  editor  »at  Austin,  published  the  following  in  its  issue 
of  April  21,  1882:     .    i.     .     . 

"In  conversation  today  with  Mr.  Hollingsworth,  Secretary  of  the 
State  Board  of  Education.  Concerning  the  University,  he  said  that 
to  make  it  a  success,  more  means  than  now  appeared  were  indis- 
pensable to  sustain  it  properly. 

"He  thought  that  at  least  4,000,000  acres  of  the  unappropriated 
public  domain  should  be  granted  by  this  session  of  the  Legislature. 
Tuition  in  this  University,  he  insists,  should  be  free  to  all,  the  rich 
man  and  the  poor  man  as  well.      His  proposition,   as  I  understand, 


A  Soura  Book  of  tin   University  of  Texas 

is  this:  That  the  University  students  should  be  students  from  the 
county  academies,  while  those  in  the  county  academies  should  come 
from  the  county  schools,  and  that  admission  should  be  deteri 
by  competitive  examination,  and  that  each  county  in  the  State  should 
be  entitled  to  send  at  least  one  pupil  to  the  University  under  the 
State's  expense  in  all  things,  and  such  are  to  be  selected  on  com- 
petitive examination  from  the  pupils  of  the  county  academy. 

"With  the  common  schools  endowed  with  some  32,000,000  acres, 
and  the  counties  endowed  with  17,712  acres,  originally  designed  by 
the  founders  of  the  Republic  tor  the  establishment  of  a  tree  county 
academy;  with  a  University  endowment  of  $500,000  in  bonds,  and 
say  4,000,000  acres  of  land,  surely  the  future  educational  in i 
of  the  State  may  be  made,  under  proper  and  judicious  management. 
adequate  to  the  demands  of  the  whole  people,  and  commensurate 
*ith  the  anticipations  of  the  founders  of  our  government  and  the 
friends  of  enlightened  progress." 

The  plan  of  organization  of  our  educational  system,  briefly  out- 
lined in  the  interview  above  quoted,  is  in  the  main  correct,  and 
with  one  exception  presents  the  views  of  the  Journal  on  this  sub- 
ject. The  exception  is  this,  the  Journal  does  not  ask  that  stud 
shall  be  admitted  into  the  State  University  exclusively  upon  com- 
petitive examination.  It  was  intended  in  said  interview  to  sa\  that 
a  part  of  the  students  of  the  University  should  be  composed  ol 
dents  selected  or  chosen  from  the  free  county  academies  upon  com- 
petitive examination,  and  that  said  students  should  lie  partially  sus- 
tained by  the  State.  This  suggestion  is  merely  prospective,  and  is 
only  indicated  as  a  policy  that  should  be  adopted  when  the  coun- 
ties shall  have  established,  as  originally  designed  by  the  founders 
of  the  Republic,  a  free  county  academy,  and  when  the  University 
shall  have  been  endowed  with  that  liberality  which  its  importance 
and  which  the  greatness  of  the  State  demand. 

The  Joi-rnal  believes  that  the  besl  interest  i  C  the  State  would  be 
subserved  by  making  provisions  for  the  establishment  at  the  earliest 
day  practicable,  in  each  county  in  the  State,  a  tree  county  academy 
or  high  school,  the  students  of  said  academy  to  be  composed  in  part 
of  students  chosen  from  the  elementary  schools  of  the  count j  upon 
the  competitive  examination.  In  this  way  the  best  talent  could  be 
secured  and  the  greatest  interest  in  the  elementary  schools,  upon 
the  part  of  the  pupils,  teachers  and  parents,  be  aroused.  Each  stu- 
dent would  constantly  have  before  him  or  her  a  prize  to  !.<•  won; 
each  teacher  would  be  stimulated  to  his  utmost  exertions  to  win 
the  honor  of  sending  to  the  academy  the  best  qualified  pupil,  and 
each  parent  would  be  wrought  up  to  the  highest  enthusiasms  to 
secure  for  his  little  girl  or  boy  the  distinguished  honor  of  a 
scholarship  to  the  academy.      The  same   influence   would   operate  in 


684  University  of  Tcms  Bulletin 

the  case  of  the  race  in  the  academy  for  the  prize  of  a  free  scholar- 
ship to  the  University. 

Each  principal  of  the  academy  would  be  ambition  to  send  to  the 
University  the  most  capable  student,  fand  each  county  would  have 
a  pride  in  contesting  for  the  honor  of  furnishing  to  the  University 
the  most  distinguished  scholar.  This  feature,  if  adopted,  will  not, 
as  some  seem  to  think,  redound  to  the  interest  of  the  rich. 

The  race  will  be  open  to  all,  and  there  need  be  no  fear  that  the 
industrious  poor  boy  or  girl  will  be  distanced.  The  history  of  com- 
petitive examinations  for  admission  into  the  Sam  Houston  Normal 
Institute  and  for  admission  into  the  United  States  military  and  naval 
academies  show  that  those  who,  from  want  of  wealth,  had  been 
trained  in  the  schools  of  labor  and  economy,  and  thus  learned  to 
appreciate  the  value  of  time,  money  and  opportunity,  have,  in  a  ma- 
jority of  cases,  carried  off  the  prize.  This  system  of  competitive  ex- 
aminations prevails  in  England,  not  only  in  reference  to  schools, 
but  also  in  the  civil  service  in  this  country,  in  the  custom  house  in 
New  York.  And  the  sooner  this  policy  is  adopted  throughout  the 
whole  country,  with  reference  to  civil  service,  the  better  it  will  be 
for  the  government. 

July,  1882.     Vol.  II,  No.  9,  p.  139 

A  SOUND  PLANK.     By  the  Editor 

[The  editor  compliments  the  State  Democratic  Party  on  the  Edu- 
cational Plank  in  the  platform.  1 

July,  1882.      Vol.  II,  No.  9,  pp.  140-141 

EDUCATIONAL  OUTLOOK  IN  TEXAS.     By  Mr.  W.  H.  Foute 

[The  author  comments  on  the  unsatisfactory  and  unprogressive 
state  of  education  at  the  time;  recommends  the  appointment  of  state 
superintendent;  compliments  the  Journal  of  Education  upon  its  good 
work;  hopes  that  Board  of  Regents  will  exercise  wisdom  in  selection 
of  professors;  urges  the  maintenance  of  the  sixteen  summer  normal 
institutes;  comments  on  healthful  state  of  education  throughout  the 
State;  and  urges  further  effort.] 

August,  1882.      Vol.  II,  No.  10,  pp.  149-150 

DR.  ASHBEL  SMITH'S  VIEWS  IN  REFERENCE  TO  THE  SELEC- 
TION  OF   THE   UNIVERSITY   FACULTY 

[Quotation  from  the  Houston  P6st.] 

I  need  not  say  that  the  people  of  Texas  feel  a  profound  interest 
in  the  University  of  Texas.  My  relation  to  the  organization  of  the 
University  leads  me,  as  a  matter  of  course,  to  read  whatever  I  may 


.A  Source  Book  of  the  University  of  T<xas 

see  in  the  newspapers  in  the  way  of  criticism  or  suggestion  concern- 
ing the  University.  Very  probably  there  is  much  published  that  es- 
capes me.  In  what  I  have  met  with  have  been  not  a  little  incorrect 
statements  of  facts,  allegations,  too  purely  imaginary,  of  the  acts 
of  the  Board  of  Regents,  of  the  University.  There  have  been,  too, 
the  honest  prejudices  of  preconceived  opinions.  Personal  int. 
and  personal  objects,  favoritism  and  prejudice  in  the  organization 
of  the  personnel  of  the  University,  and  hostility  absolute  to  the 
University  and  to  the  establishment  of  any  university  whatever  in 
Texas,  have  been  thinly  veiled,  have  been  attempted  to  be  concealed, 
under  insidious  suggestions  of  judicous  delay  in  the  organization  of 
under  insdious  suggestions  of  judicous  delay  n  the  organization  of 
the  University.  All  this  opposition  was  confidently  looked  for.  It 
is  the  uniform  repetition  of  the  same  chapter  of  hostility  which  every 
considerable  public  institution  has  had  to  encounter  in  its  foun- 
dation. Common  schools  experience  today  in  Texas  more  or  less  of 
similar  hostility.  It  would  be  strange  indeed  if  the  establishment 
of  the  University  of  Texas  were  to  escape  it. 

The  people  of  this  State  wish;  demand,  that  the  University  of 
Texas  be  organized;  that  it  enter  on  the  performance  of  their  high 
purpose  of  placing  thorough  home  instruction  within  the  reach  of 
all  their  youth  so  soon  as  it  can  be  done.  They  will  not  brook  idle 
delay. 

The  Board  of  Regents,  at  their  May  meeting,  resolved  that,  at 
their  next  meeting,  to  be  held  on  the  sixteenth  of  August,  they 
would  elect  a  portion  of  the  professors  of  the  University,  and  they 
made  public  report  of  their  proceedings.  The  regents  were  sharply 
censured  at  the  time  in  the  newspapers  because  they  had  not  pro- 
vided for  the  selection  of  professors  at  the  meeting  of  the  Executive 
Committee  of  the  regents  in  June.  It  would,  forsooth,  save  money — 
the  public  money — and  dispense  with  the  August  meeting.  The 
choice  of  the  professors  seemed  as  off-hand  a  business  as  the  selection 
of  officers  of  a  county  convention.  A  smart  writer  in  an  Austin 
newspaper,  over  the  signature  of  "Citizen,"  waxed  indignant  at  an 
imaginary  "advertisement"  for  professors,  as  it  would  flood  the  re- 
gents with  worthless  recommendations  of  incompetent  applicants. 
He  was  grandiose  over  the  idea  that  office  should  seek  the  man. 
"Citizen's"  "advertisement"  was  the  report  of  the  regents  of  their 
proceeding  in  appointing  a  day  for  an  election  of  som.  pro!. 
Now,  however,  within  a  few  days,  the  regents  are  favored  with  w  Idely 
different  advice,  though  there  has  been  no  change  in  the  general 
condition  of  circumstances  of  the  University.  The  regents  are  ad- 
vised with  the  flourish  of  trumpets  of  argument  not  to  elect  any 
of  the  professors  at  the  present  time,  but  to  defer  the  whole  bu 
for  more  than  a  year  hence,  until  the  fall  of  1883.  They  are  ad- 
monished "to  enter  into  preliminaries  to  secure  the  best  men  in  the 


686  University  of  Texas  Bulletin 

country"  They  are  seriously  requested  to  wait  for  a  political  cata- 
clysm in  Virginia,  which  is  about  to  overwhelm  the  University  of 
Virginia  and  turn  the  professors  of  that  noble  institution  loose  upon 
the  cold  charities  of  the  world,  some  of  which  professors  we  may 
hope  to  fish  up  for  our  use  here  in  Texas.  "When  the  sky  falls  we 
shall  catch  the  larks."  Seriously,  I  have  not  so  learned  the  people 
of  the  grand  old  State  of  Virginia.  They  are  not  going  to  sacrifice 
Tto]  the  Moloch  of  the  hour,  the  noble  university  of  their  State,  whose 
development  and  expansion  have  placed  it  on  a  lofty  plane  level 
with  the  best  institutions  in  America.  "Preliminaries"  to  secure  the 
best  men  in  the  country,  forsooth!  As  if  the  Regents  of  the  Univer- 
sity of  Texas,  profoundly  conscious  that  the  selection  of  professors 
is  the  most  important  and  most  difficult  of  all  their  work,  had  sat 
down  idle,  unconcerned,  inactive,  without  making  an  effort  to  as- 
certain the  most  competent,  the  most  fitting  men  for  chairs  in  our 
University.  The  correspondence  of  most  of  the  regents  on  those 
personal  matters  is,  I  believe,  large.  My  own  is  voluminous,  and 
being  to  some  extent  personal,  is  to  that  extent  confidential.  But 
I  shall  lay  every  letter  from  applicant  or  friend  before  the  Board  of 
Regents  at  the  proper  time.  In  the  meantime,  I  have  been  careful 
not  to  commit  myself,  even  by  an  inferential  promise. 

We  ought  not  at  the  first  elections  fill  all,  or  even  a  majority  of 
the  chairs,  which,  as  we  trust,  will  constitute,  even  at  an  early 
period,  the  faculty  of  professors  and  teachers  of  the  University.  In 
my  opinion,  the  Board  of  Regents  should  not  elect  more  than  five 
or  six  professors,  if  so  many,  at  the  first  elections.  These  should  be 
men  distinguished  for  their  attainments  in  their  respective  depart- 
ments, for  capacity  in  imparting  knowledge,  as  evidenced  by  some 
reputation  at  least  already  established,  and  they  should  be  in  har- 
mony with  the  surroundings  of  the  University.  The  chairs  to  be 
first  filled  should  be  those  of  leading  practical  importance.  It  has 
been  found,  by  experience  in  similar  cases,  that  the  gentlemen  se- 
lected are  of  indispensable  service  in  co-ordinating  the  studies  of  the 
University,  and  in  completing  its  general  organization,  and  especially 
In  co-operating  with  the  Board  of  Regents  in  filling  suitably  the 
remaining  chairs.  This  latter  is  an  important  consideration  in  se- 
curing a  faculty,  all  whose  members  should  act  in  good  harmony  with 
their  several  colleagues.  Men  of  large  scholastic  attainments  are 
often  found  possessed  of  a  disposition  to  antagonize  any  associates, 
with  baneful  influence  on  the  prosperity  and  harmonious  working 
of  an  institution  like  a  university. 

Haying  in  view  the  opinion  expressed  in  the  preceding  paragraph, 
ought  professors  to  be  elected  now,  or  should  their  election  be  de- 
layed for  a  long  period,  upwards  of  a  year,  to  allow  a  chance  of 
success  to  personal  interests,  and  in  deference  to  the  hostility  scarcely 
veiled  under  the  advice  for  delay?      Men  qualified  for  the  professor- 


A  Source  Book  of  tk(  University  of  Texas  687 

ships  in  the  University  of  Texas  are  not  standing  idle,  as  it  were, 
in  the  market  place.  It  is  a  presumption  in  almost  every  case  that 
fitting  men  have  engagements  running  through  months,  or  for  an 
indefinite  period,  and  that  months  are  necessary  for  the  completion 
of  such  engagements,  or  for  honorable  release  from  them.  It  is  a 
fair  presumption  against  any  one  claiming  to  be  a  scholar  or  scien- 
tist, that  he  stands  idle — having  nothing  to  do.  In  a  new  institu- 
tion, we  can  scarcely  expect  to  find  a  fitting  gentleman  who  will 
not  need  a  considerable  time  for  the  equipment  and  arrangement  of 
instruction  in  his  department.  It  is  necessary,  therefore,  if  we 
would  have  fitting  men  and  avoid  the  crude  and  defective  prepara- 
tion dwelt  on  by  the  advocates  of  delay,  that  they  be  selected  some 
time  beforehand.  No  objection  lies  on  the  score  of  economy.  Salary 
will  not  accrue  until  a  university  officer  enters  on  the  discharge  of 
duty. 

People  in  Texas  demand  that  the  University  of  Texas  shall  be 
established  and  go  into  practical  operation  with  as  little  delay  as  is 
consistent  with  thorough  work — an  university  of  the  first  class, 
which  shall  place,  free  of  charge,  thorough,  practical  instruction 
within  the  reach  of  our  youth — of  our  youth  of  all  conditions  of  life, 
giving  them  a  home  education.  To  do  so  is  the  determination  of  the 
Board  of  Regents,  as  promptly  as  can  be  safely  done.  They  will 
not  waste  time,  though  on  their  guard  to  avoid  illustrating  the  adage 
"the  more  haste  the  worse  speed."  Some  preparations  must  be  made 
consecutively.  The  organization  of  a  faculty,  if  done  judiciously, 
is  consecutive  work. 

If  this  memorandum  were  not  already  so  long,  I  should  have  some- 
thing to  say  on  the  financial  condition  of  the  University  means. 
The  indefeasible  University  funds  are  not  so  meagre  as  it  suits 
interest,  prejudice  and  hostility  to  represent  them.  Upward 
1,000,000  acres  of  land,  which  can  be  readily  utilized  to  yield  a 
large  annual  income;  bonds  drawing  interest,  which,  in  the  opinion 
of  every  honest  man,  should  be  restored  to  the  University,  as  they 
represent  money  belonging  to  the  University  covered  over  to  i 
uses  by  the  State,  their  restoration  to  the  University  may  be  con- 
sidered a  matter  of  certainty — cash  in  hand  and  cash-drawing  bonds. 
It  creates  in  me  no  apprehension  that  nothing  was  done  by  the 
House  of  Representatives  at  their  recent  limited  session.  The  bills 
of  the  Senate  were  not  acted  on,  because  members  were  abso 
by  measures  of  more  pressing  interest.  It  was  simply  nonaction, 
not  opposition  to  the  University.  At  the  r nt  Democratic  conven- 
tion the  great  heart  of  the  people  of  Texas  spoke  ou1  their  will  in 
the  University  plank  of  the  platform.  I  have  no  tears  of  the  repre- 
sentatives of  the  people  of  Texas. 

As  already  stated,  there  exists  a  large  university  fund.  Aide 
professors  for  "an  university  of  the  firsl    class"  cannol    be  secured 


(iSS  University  of  Texas  Bulletin 

by  meagre  salaries,  nor  by  idle  promises  of  large  ones.  The  Regents 
of  the  University  are  practical  men,  and  will  not  plunge  into  painful 
embarrassments,  but  use  their  available  means  as  to  them  shall 
seem  wise.  As  to  waiting  to  see  whether  the  next  Legislature  will 
come  up  and  co-operate  with  the  Regents,  if  earnest  in  their  great 
work,  rather  than  if  they  fold  their  arms,  and,  Mieawber  like,  wait 
for  something  to  turn  up. 

For  the  opinions  herein  expressed,  I  beg  to  disclaim  for  the  Board 
of  Regents  all  responsibility.  When  the  board  meets,  it  will  confer 
on  the  matters  in  question,  and  I  shall  be  guided  by  the  decisions 
of  the.  board.  The  newspapers  of  right,  present  criticisms  and  sug- 
gestions to  the  Regents  of  the  University,  and  these  criticisms  and 
suggestions  are  entitled  to  respectful  consideration.  If  I  have  seen 
t  side  purpose  or  thinly  veiled  hostility  to  any  university  whatever, 
r  have,  nevertheless,  as  a  regent,  carefully  considered  it,  and  left  it 
there. 

The  people  of  Texas  demand  a  university  of  the  first  class.  To 
carry  out  this  demand  the  Regents  have  been  appointed.  They  have 
contracted  for  the  erection  of  a  university  building  on  the  university 
grounds  in  Austin,  and  the  work  of  building  is  now  being  pushed 
forward  vigorously,  and  the  money  is  now  in  hand,  and  available,  to 
pay  for  the  work  as  the  building  progresses  to  completion.  They 
will  not  slacken  their  efforts.  The  people  require  that  the  University 
be  established;  they  do  not  want  to  be  fobbed  off  with  plausible 
reasons  for  doing  nothing. 

September,  1882.     Vol.  II,  No.  11,  p.  180 

[Extract  from  Houston  Post  concerning  Regents] 

These  frequent  changes  in  a  body  whose  grave  work  requires  it 
to  be  a  continuum,  in  order  to  be  efficient,  are  much  regretted. 
Under  existing  circumstances,  it  is  difficult  to  insure  greater  per- 
manency. The  distances  to  be  traveled  in  the  performance  of  duty 
are  very  considerable;  besides,  the  loss  of  time,  personal  expense, 
the  interruption  of  current  work,  all  combine  to  make  the  duty  of 
a  regent  an  onerous  and  exacting  one.  Nothing  but  full  pay  or 
different  conditions  can  legitimately  give  permanency  to  the  board. 
The  honor  is  considerable,  the  work  is  of  the  highest  and  most  im- 
portant character,  but  after  a  while  honor  pales  and  ambition  is 
sated  when  the  pocket  suffers  and  important  interests  must  be  neg- 
lected. The  pay  of  the  regents  is  merely  nominal,  and  yet  some  wise- 
acres have  been  growling  about  their  greed  and  selfishness!  This 
kind  of  talk  drives  out  of  the  service  of  the  State  high-spirited  and 
representative  men,  and  leaves  a  great  office  to  go  a-begging.  Per- 
haps it  would  be  prudent  to  cut  down  the  number  of  regents,  and 


A  Source  Book  of  the  University  of  it  xas 

to  place  them  on  the  pay  list.  Something  like  this  ought  to  be  done, 
at  least  while  the  exacting  work  of  organization  is  going  on.  Either 
this,  or  the  board  will  be  obliged  to  work  chiefly  by  an  executive 
committee  composed  of  gentlemen  residing  near  the  University. 
Under  the  circumstances,  the  regents  are  required  to  perform  a 
heavy  task,  and  are,  in  the  way  of  compensation,  rewarded  with 
harsh  criticism  and  ingenious  aspersions  of  their  motives  and  char- 
acter. Every  good  citizen  should  hold  up  the  hands  of  the  board 
and  encourage  them  to  the  utmost  in  their  really  difficult  duties.  It 
Is  simply  shameful  to  carp  at  the  work  of  those  who  certainly  are 
not  laboring  for  pay,  and  upon  whose  exertions  one  of  the  most  im- 
portant interests  of  the  people  depends. 

October,  1882.     Vol.  II,  No.  12,  p.  190 

DIDACTICS  IN  OUR  STATE  UNIVERSITY.      By  the  Editor. 

We  do  not  believe  that  there  is  in  the  broad  limits  of  the  State, 
a  teacher  devoted  to  his  profession  who  would  not  rejoice  at  the 
establishment  in  our  State  University  of  a  chair  or  department  of 
didactics.  Such  teachers  would  recognize  such  action  by  the 
honorable  Regents  as  a  worthy  tribute  to  a  grand  and  noble  pro- 
fession. It  is  further  believed  that  such  teachers,  influenced  by  a 
laudable  desire  to  have  their  profession  thus  honored  and  thus  dig- 
nified, and  the  whole  country  correspondingly  benefited,  would 
heartily  co-operate,  even  to  the  extent  of  contributing  from  their 
own  limited  means,  in  an  effort  to  establish  such  a  department. 

All  great  universities  are  largely  indebted  for  their  success  to 
private  endowments.  The  government  lays  the  foundation  and 
inaugurates  the  work;  private  philanthropy,  from  year  to  year  and 
age  to  age,  builds  upon  the  foundation  and  enlarges  the  work,  until 
every  department  of  art,  science  and  learning  is  represented,  and 
the  institution  becomes  in  truth  and  in  fact  a  temple  of  universal 
knowledge. 

We  have  in  Texas  men  who  love  the  State,  who  participate  with  a 
feeling  of  conscious  pride  in  the  heroic  memories  which  illustrate 
and  adorn  her  history.  Men  who  anticipate  with  the  same  feeling 
of  pride  a  future  worthy  the  proud  recollections  Which  clustei 
around  the  past — a  future  whose  grand  achievements  in  civilization 
shall  be  worthy  a  place  on  the  page  of  history  which  recounts  the 
martial  deeds  and  statesmenship  of  patriot  fathers.  Ther< 
many  of  this  class  of  men  who  are  happy  in  the  possession  of  I 
means,  realized  from  the  opportunities  which  Texas  and  the  people 
of  Texas  have  affouded  them  for  accumulating  wealth;  and  we  be- 
lieve if  they  were  approached  with  reference  to  the  endowment  of 
a  chair  of  didactics  in  our  State  University,  thai  their  philanthropy! 

44—227 


690  University  of  Texas  Bulletin 

stimulated  by  State  pride,  would  be  found  to  be  as  great  as  their 
means. 

There  are  other  chairs  that  we  must  look  to  generous  friends  of 
broad  culture,  both  resident  and  non-resident,  to  endow;  but  we  are 
specially  interested  in  the  chair  of  didactics,  and  are  anxious  to  see 
the  teachers  of  the  State  take  the  matter  in  charge  and  push  it  to 
speedy  success. 

Let  us,  as  teachers,  show  our  zeal  and  faith  in  the  importance  of 
the  work,  by  giving,  however  small  may  be  the  sum,  and  however 
poor  we  may  be,  something  to  the  endowment  fund.  Many  small 
sums,  with  here  and  there  a  large  one,  will  soon  swell  the  amount  to 
thousands. 

We  need  for  this  endowment  $50,000,  and  we  have  faith  that  the 
teachers  of  the  State,  although  they  be  poor,  with  the  assistance  of 
generous  and  noble  friends,  can  raise  this  sum  by  the  fifteenth  of 
next  September. 

There  are  not  less  than  one  thousand  men  in  this  State,  any  one 
of  whom  could  give  one-half  the  amount,  and  scarcely  realize  that 
their  bank  account  had  been  reduced.  Some  of  these  men,  it  is 
true,  will  not  give  anything,  but  on  the  other  hand  many  will  give 
$500,  $1000,  $2000  or  $5000  freely,  gladly,  proudly.  What  say  you 
teachers?  What  say  you  friends  of  education?  What  say  you  men 
of  Texas,  who  love  your  State  and  people,  and  who  hope  for  Texas 
a  future  without  a  parallel  in  the  annals  of  civilization? 

October,  1882.     Vol.  H,  No.  12,  p.  191 

Letter  from  Ashbel  Smith,  President  of  Board  of  Regents. 
.Air.  F.  A.  P.  Barnard,  LL.  D.,  President  of  Columbia  College. 

Dear  Sir:  I  trouble  you  by  request  of  the  Board  of  Regents  of 
the  University  of  Texas,  and  for  reasons  which  I  shall  briefly  state 
further  on. 

The  people  of  Texas,  through  their  Legislature,  and  in  conformity 
with  a  requirement  of  the  State  Constitution,  have  undertaken  to 
establish  a  "university  of  the  first  class."  For  its  organization,  a  board 
of  eight  Regents  have  been  appointed.  One  commodious  building 
for  the  University  is  now  in  progress  of  erection  on  University  Hill — 
forty  acres  in  the  city  of  Austin.  This  building  is  to  be  completed 
and  ready  for  use  on  or  before  the  first  of  June  next  (1883).  The 
University,  it  is  provided,  is  to  be  open  for  the  admission  and  in- 
struction of  students  at  the  usual  commencement  of  the  scholastic 
year;  that  is,  on  or  about  the  first  of  September,  1883. 

The  institution  is  considered  to  be  on  a  solid  financial  basis.  After 
paying  for  the  University  building  now  erecting  $59,000,  the  Uni- 
versity will  have  an  annual  income,  at  present,  of  $35,000,  besides 
a  large  amount  of  lands,  which  can  be  utilized  so  as  to  afford  a 
large  additional  income. 


A  Source  Bool:  of  lh<  University  of  Texas  691 

The  Board  of  Regents  regard  the  selection  of  professors  as  the 
most  difficult  and  most  important  of  their  duties.  At  their  mi 
in  August,  Judge  Cooley,  of  Michigan,  and  Dr.  Win.  T.  Harris,  of 
Concord,  Massachusetts,  were  appointed  to  chairs.  Previous  en- 
gagements have  rendered  it  impracticable  for  either  of  these  gentle- 
men to  accept  such  appointment. 

The  Regents  have  also  deferred  the  organization  of  the  Oniverslty 
in  its  several  departments  until  they  shall  have  the  counsel  and  co- 
operation of  some  of  the  professors  who  may  be  hereafter  selected. 

The  University  act  makes  no  provision  for  the  office  of  chancellor, 
or  of  a  permanent  president  of  the  faculty.  I  may  here  state  that 
the  Regents  appear  to  have  settled  on  a  sum,  or  sums,  ranging  from 
three  to  four  thousand  dollars  as  a  suitable  salary  for  a  professor. 

In  the  selection  of  professors,  the  Regents  aim  to  appoint  gentle- 
men already  eminent  for  their  scholastic  and  scientific  attainments; 
also  possessed  of  capacity  in  imparting  knowledge,  of  administrative 
talent,  and  of  a  disposition  to  harmonize  with  their  colleagues.  They 
will  seek  such  men  wherever  to  be  found.  It  is,  too,  the  determina- 
tion of  the  Regents  to  keep  the  institution  free  from  the  taint  of 
partisan  politics,  and  from  local  and  sectional  prejudices. 

The  Regents  have  appointed  the  fifteenth  of  November  next  for 
a  selection  of  several  of  the  professors,  and  for  the  transaction  of 
such  other  business  as  may  come  before  the  board. 

As  intimated  above,  I  have  been  especially  requested  by  the  Board 
of  Regents  to  write  to  the  heads  of  our  first  universities,  and  to 
other  distinguished  educationalists,  for  information  embracing  the 
names  of  gentlemen  competent  and  fitting  to  fill  the  chairs  in  the 
University  of  Texas,  and  the  designation  of  the  departments  <>f 
knowledge  in  which  they  are  severally  distinguished.  On  behalf  of 
the  Board  of  Regents,  I  respectfully  beg  your  aid  in  this  important 
matter.  All  communications  of  this  nature,  on  account  of  their 
great  delicacy,  will  be  held  in  strict  and  honorable  confidence,  anil 
utterly  withheld  from  the  press  and  all  other  intrusive  inspection. 

You  may,  if  disposed  to  favor  our  University,  write  to  me  at  tin- 
place  above  written,  or  at  Houston,  Texas. 

November,  1882.     Vol.  Ill,  No.  1,  pp.  1-2 

MEETING  OF  THE  STATE  UNIVERSITY  REGENTS.  By  the  Editor 
Writer  lists  the  first  five  professors  elected  on  November  I »;.  I  B82: 
Waggener,  Humphreys,  Mallett,  Roberts,  and  Gould;  describes  briefly 
the  laying  of  the  cornerstone;  mentions  the  election  of  Brown  <"i 
November  18. 

December,   1882.      Vol.   111.   \<>.  2,   pp.  28-32 
Texas  University.     Ashbel   Smith 

Reprint  of  Ashbel  Smith's  address  at  the  laying  of  the  corner- 
stone; catalogue  for  1883-84,  pp.  53-65. 


692  University  of  Texas  Bulletin 


PROCEEDINGS  OF  THE  TEXAS  TEACHERS'  STATE 
CONVENTION 

Houston,  July  4,  1866,  Appendix,  pp.  10-12 

MEMORIAL   TO   THE   LEGISLATURE 

1.  With  the  means  at  hand,  the  foundation  of  a  great  State  Uni- 
versity should  be  laid,  which  shall  know  neither  sect  nor  party,  but 
respect  and  admit  to  rights,  and  honors  all  sects  and  parties  not  in 
conflict  with  obvious  considerations  of  virtue  and  intelligence,  upon. 
a  common  platform.  We  would  not  be  guilty  of  the  folly  of  suggest- 
ing the  ways  and  means  by  which  such  an  institution  should  be 
established,  to  a  body  presumed  to  be  conversant  with  the  resources 
of  the  State,  and  charged  with  the  work  of  enacting  laws  efficient  to 
accomplish  any  great  measure  of  public  necessity.  But  we  would 
call  the  attention  of  your  honorable  body  to  the  urgent  necessity  of 
connecting  with  a  State  University  a  Normal  School,  for  the  quali- 
fication of  teachers  for  their  great  work.  That  a  State  University 
may  be  successful  and  not  conflict  with  existing  denominational  in- 
stitutions, your  memorialists  would  beg  that  in  its  charter  it  be 
so  founded  as  to  place  its  course  of  study  where  the  ordinary  colle- 
giate courses  of  study  of  denominational  institutions  end,  thus  at- 
tracting the  good  will  and  concentrating  the  friendship  of  all  parties 

in  Church  and  State 

WM.  CAREY  CRANE,  Chairman. 

The  above  memorial  was  recommitted  to  the  committee  with  in- 
structions to  conform  their  memorial  to  the  following  resolutions: 

Resolved,  That  in  the  opinion  of  this  Convention  the  time  has  not 
arrived  for  the  establishment  of  a  university.  But,  as  such  an  in- 
stitution can  not  be  improvised  in  a  day,  it  is  the  duty  of  the  Leg- 
islature to  conform  its  action  in  the  future  so  as  to  be  prepared  to 
establish  it  as  soon  as  it  may  be  required. 

Eighth  Annual  Meeting,  Fort  Worth,  June  26-29,  1888;  p.  7 

The  following  resolution  offered  by  E.  B.  Carruth  was  adopted: 
Resolved,  That  we,  the  teachers  of  the  free  schools  of  the  State 
of  Texas,  do  recognize  the  State  University  as  the  head  and  center 
of  the  educational  system  of  our  state.     And  furthermore  we  en- 
dorse it  and  recommend  it  to  the  citizens  for  patronage. 

Seventeenth  Annual  Meeting,  Austin,  June  17,  18,  19,  1896;   p.  89 

This  meeting  was  held  in  the  Main  Building  of  the  University  of 
Texas. 


A  Source  Book  of  the  University  of  Texas  693 

Mr.    Blair   of  Temple   offered   the   following  resolution: 
Resolved,  That  the  T.  S.  T.  A.  hail  with  pleasure  the  restitution 
of  the  chair  of  pedagogy  in  the  State  University,  that  we  heartily 
endorse  the  board  of  regents  in  their  action  and  that  we  pledge  to 
the  University  our  continued  loyalty  and  enthusiastic  support. 
This  was  received  with  applause  and  unanimously  adopted. 

Twenty-Third  Annual  Session,  Waco,  Dec.  2(5,  27,  28,   1001  j    |».    11 

REPORT  OF  COMMITTEE   ON   RESOLUTIONS 

Be  it  resolved  by  the  State  Teachers'  Association  that  we  hail 
with  delight  the  recent  evidences  of  the  progress  manifested,  and 
the  greater  prevalence  of  the  idea  that  school  positions  should  be 
filled  by  school  men.  We  are  especially  pleased  with,  the  trend  of 
thought  in  our  State  University  and  in  the  various  denominational 
uiversities  and  colleges  that  indicates  a  greater  respect  for  and  in- 
terest in  pedagogical  questions,  that  these  institutions,  while  giv- 
ing a  broad  and  thorough  scholarship,  also  recognize  that  the  success- 
ful teacher  as  well  as  the  successful  lawyer  or  doctor,  must  r< 
professional  training.  The  acts  of  our  legislature  in  establi 
two  additional  normal  schools  should  receive  our  hearty  commen- 
dation and  we  pledge  our  earnest  support  to  the  faculty  and  trus- 
tees in  all  their  efforts  for  the  improvement  of  scholarship  and  in 
the  imparting  of  technical  information,  which  will  elevate  and  en- 
noble the  teachers  of  our  State.  The  influence  of  the  Summer  Nor- 
mal in  the  strengthening  of  the  home  teacher  and  the  enthusiasm 
imparted  to  the  local  people  in  the  betterment  of  school  facilities 
cannot  be  overestimated.  Let  them  continue  to  be  leavening  in- 
fluences in  the  educational  affairs  of  the  State,  contributing  in  no 
small  degree  to  the  great  work  in  which  we  are  engaged.  May  the 
time  soon  come  when  they  will  cease  to  be  "certificate  machines" 
and  the  true  professional  work  be  paramount  to  every  other  con- 
sideration. 

This  resolution  was  passed. 

Thirty-Third  Annual   Meeting,   Waco,   Dec.   2!>.    I'Hl;    pp.    166,    Ki7 
REPORT  OF  COMMITTEE   ON  RESOLUTIONS 

4.  That  the  adoption  of  the  amendment  to  section  30,  A,  Ar- 
ticle XVI,  of  the  Constitution  of  Texas,  providing  six  year  terms 
of  office  for  members  of  the  boards  of  trust  commendi 

the  favorable  consideration  of  the  voters  of  Texas. 

[Unanimously    adopted.] 

8.  That  the  University  of  Texas,  the  A.  and  M.  College,  the 
College  of  Industrial  Arts  and  the  State  Normal  schools  should   be 


694  University  of  Texas  Built  I'm 

placed  on  a  sound  business  basis  through  such  constitutional  meas- 
ures and  legislative  enactments  as  will  assure  liberal  and  perm- 
anent annual  income. 

[Unanimously    adopted.] 

Thirty-Fourth  Annual  Meeting,   Fort  AVortjh,   November  28,  29,  SO, 

1912;  p.  98 

REPORT  OF  THE  COMMITTEE  ON  RESOLUTIONS 

Be  it  resolved  that  it  is  the  profound  judgment  of  the  Texas 
State  Teachers'  Association  that  the  State  should  immediately  pro- 
vide that: 

1st.  At  every  State  Normal  school,  and  at  the  College  of  Indus- 
trial Arts,  th'ere  should  be  forthwith  established  a  practice  school 
where  the  students  may  observe  the  best  educational  methods  and 
be   trained   by   practical   teaching   experience;    and 

2.  That  the  University  of  Texas,  which  trains  every  year  a  large 
body  of  expert  teachers  and  supervisors,  and  is  in  most  urgent  need, 
a  building  may  be  erected  for  the  proper  equipment  of  the  Depart- 
ment of  Education,  and  in  addition  thereto,  a  high  school  may  be 
established  to  serve  as  a  practice  school  for  the  concrete  training  of 
students. 

Thirty-Sixth   Annual   Meeting,   San  Antonio,   November  26,   27,   28, 

1914;  p.  78 

REPORT  OF  RESOLUTIONS  COMMITTEE 

In  urging  better  and  more  dependable  financial  support  for  the 
University,  the  Normal  Schools,  the  College  of  Industrial  Arts,  and 
Agricultural  and  Mechanical  College,  the  State  institutions  for  the 
Blind,  for  the  Deaf,  for  the  Juveniles  at  Gatesville,  and  for  the 
Orphans  at  Corsicana,  were  recommended  as  worthy  of  adequate 
support. 

It  was  moved  and  duly  seconded  that  the  report  of  the  Commit- 
tee on  Resolutions  be  adopted  as  a  whole. 

Thirty-Seventh  Animal  Meeting,  Corpus  Christi,  November  25,  26, 
27,   1915;   p.   50 

GENERAL  RESOLUTIONS 


3c.  The  support  of  the  State  Normal  Schools,  the  College  of 
Industrial  Arts,  the  A.  and  M.  College,  and  the  University  of  Texas 
by  a  special  State  tax,  thereby  assuring  adequate  and  dependable 


A  Source  Book  of  the  University  of  Texas  695 

support  for  those  necessary  agencies,  for  the  improvement  of  the 
common  public  schools,  and  for  the  development  of  the  material, 
social,    and   spiritual   interests   of   Texas. 

Thirty-Eighth  Animal  Meeting,  Fort  Worth,  November  80,  December 
2  and  :J,  1916;  pp.  (>l.  71-72,  77-7S 

REPORT  OF  THE  COMMITTEE  OX  RESOLUTIONS 


2.      Deeply  appreciating  the  constructive  educational  laws  pi 
by   the   Thirty-Fourth    Legislature   and    approved    by   the   Governor 
and  the  enlarged  appropriations  made  and  approved  for  the  better 

support  and  development  of  the  commcn  public  schools  and  the  State 
Institutions  of  higher  learning,  we  declare  in  favor  of  the  continu- 
ance of  this  wise  and  wholesome  policy. 

We  endorse  the  principle  of  the  support  of  the  Institutions  of  hi 
learning  by  a  special  tax. 


Mb.  Evans:     We  report  favorably  on  the  following  resolution  with 
reference  to  ihe  affiliation  and  classification  of  hign  schools. 

Believing  that  all  problems  involving  the  common  and  possibly 
antagonistic  interests  of  the  high  schools,  colleges  and  universities 
of  Texas  are  entitled  to  consideration  by  a  tribunal  in  which  all 
have  representation  and  that  the  rapid  growth  of  these  interests  in 
the  State  justify  an  expansion  and  enlargement  impossible  under 
the  present  plan,  and  recognizing  that  the  high  schools,  denomina- 
tional colleges,  College  of  Industrial  Arts,  l'<>ur  State  normal  schools, 
A.  &  M.  College,  and  University  of  Texas,  have  vital  interests  which 
can  never  be  adjusted  satisfactorily  and  equitably  by  the  sole  action 
of  a  single  institution  of  higher  learning,  we  favor  the  inspection 
and  affiliation  of  high  schools  under  the  direction  of  the  state  De- 
partment of  Education,  the  legally  constituted  head  of  the  School 
System  of  Texas,  such  standardization  to  be  binding  upon  all  bc! 
concerned. 

(This  resolution  was  adopted  by  a  majority  vote  and  later  a 
reconsideration  was  asked  on  motion  of  Superintendent  AffcCallum 
of  Austin.  Dr.  O.  H.  Cooper,  of  Abilene,  President  C.  E.  Evans  of 
San  Marcos,  and  President  F.  M.  Bralley  of  Denton,  spoke  against 
the  reconsideration;  Superintendent  P.  \V.  Horn  of  Houston,  Dr.  J. 
L.  Henderson  and  Dr.  Frederick  Eby  of  the  University  of  T< 
spoke  for  reconsideration.  By  a  large  majority,  the  Association 
refused  to  rescind  its  action.) 

Mr.  Evans:     In    presenting    (his    resolution,    we    do    so    tor    the 
reason  that  we  believe  it  is  the  better   plan:    we   have   the   kinde>t 


696  University  of  Texas  Bulletin 

feelings  toward  those  who  have  been  doing  the  work;  we  believe 
the  schools  of  Texas  are  under  obligations  to  them  for  splendid 
work.     But  for  a  number  of  reasons  we  believe  this  plan  the  best. 

The  adoption  of  the  above  report  was  moved  by  Mr.  Bludworth, 
and  was  duly  seconded  and  carried. 

Mb.  W.  F.  Doughty:  I  wish  to  say  a  word  in  connection  with  that 
vote,  if  you  will  permit  me. 

The  President:     I  recognize  Mr.  Doughty. 

Mr.  Doughty:  Mr.  Chairman,  Ladies  and  Gentlemen:  I  am 
highly  appreciative  of  the  confidence  that  you  repose  in  the  State 
Department  of  Education  in  the  passage  of  this  resolution,  even 
before  I  could  get  the  floor.  However,  I  would  like  to  be  well  un- 
derstood in  this  connection.  I  want  to  declare  myself.  It  has  been 
my  desire  always  to  deal  openly  with  you  in  the  interests — to  the 
best  interests,  as  I  understand  it,  of  the  schools  of  this  State.  We 
have  striven  hard  to  do  that  work  that  will  build  up  the  high 
schools  in  all  the  districts  of  this  State  and  fill  in  that  great  gap 
that  exists  in  the  elementary  schools  and  the  colleges  and  univer- 
sities of  the  State.  You  understand,  of  course,  it  is  only  a  very 
limited  number  of  the  children  of  this  State  who  have  high  school 
advantages.  We  want  to  make  it  possible  for  all  the  children  of 
the  State  to  have  the  advantages  of  the  high  school.  Now,  only 
about  five  hundred  thousand  children  in  the  State  have  that ,  ad- 
vantage. There  are  practically  a  million  and  a  half  children  and 
we  say  that  they  ought  to  have  this  advantage  and  the  State  De- 
partment has  taken  upon  itself  that  duty,  that  responsibility,  trying 
to  create  high  schools  in  every  district  of  the  State  where  it  is  pos- 
sible, and  in  that  respect  I  think  we  are  absolutely  correct.  We 
have  classified  schools;  we  have  explained  our  standards  up  there, 
and  laid  them  before  the  people  of  the  State,  and  are  trying  to  give 
you  a  system  that  is  going  to  meet  the  requisite  standards  of  this 
country;  and  you  come  today  and  express  a  very  high  compliment 
to  that  service  and  lay  upon  me  as  State  Superintendent  and  upon 
my  associates,  the  two  high  school  supervisors,  a  great  respon- 
sibility indeed.  And  in  this  connection  I  want  to  express  my  ap- 
preciation of  the  work  that  has  been  done  by  the  University  of 
Texas  in  this  respect.      (Applause.) 

And  out  of  respect  and  appreciation  to  all,  and  in  order  that  I 
may  be  safe,  that  there  may  be  no  mistake  made,  I  want  some  as- 
sistance in  this  matter.  I  come  to  you  now  and  ask  that  you  au- 
thorize a  committee  to  help  in  this  great  work.  We  want  to  do 
just  what  is  right.  We  do  not  want  any  action  that  is  too  radical. 
Let  me  read  you  this,  please,  and  I  want  to  ask  the  committee  that  it 
will  accept  it: 


A  Source  Book  of  the  University  of  Texas  697 

"Resolved:  That  a  committee  of  eleven,  consisting  of  one  rep- 
resentative each  from  the  State  Department  of  Public  Instruc- 
tion, the  College  of  Industrial  Arts,  A  State  Normal  School,  and 
thy  Agricultural  and  Mechanical  College,  the  University  of  Texas, 
two  high  school  principals,  two  city  school  superintendents,  one 
representative  from  the  senior  independent  colleges,  one  representa- 
tive from  the  junior  independent  colleges,  be  authorized  to  study  the 
classification  of  high  schools,  represent  the  Association  in  legislative 
matters,  and  report  to  this  Association  one  year  from  now,  its  find- 
ings and  actions  concerning  the  best  way  for  handling  this  work. 

"Resolved,  That  the  president  of  the  association  appoint  the  two 
superintendents,  the  two  principals,  the  senior  college  representa- 
tive and  junior  college  representative  to  serve  on  this  committee, 
and  that  each  of  the  other  institutions  or  groups  of  institutions  to 
which  representatives  are  assigned,  shall  select  through  the  heads 
of  the  institutions  involved,  their  own  representatives. 

"In  the  selections  of  these  representatives  if  you  authorize  this, 
the  president  of  each  institution  would  be  the  representative,  or 
he  could  appoint  some  one  to  represent  him  in  this  matter.  In  the 
selection  of  your  committeemen  I  am  willing  to  leave  that  to  the 
President  of  the  Association.  I  wish  you  would  consider  this  mat- 
ter, that  I  may  have  an  advisory  committee  in  matters  of  this  kind, 
because  I  feel  that  it  is  too  great  a  responsibility  for  any  one  man 
to  assume  just  now.  Whatever  action  may  be  taken,  let  us  feel 
sure  that  it  will  be  taken  for  the  best  interests  of  the  schools  of 
this  State.      I  thank  you.      (Applause.) 

(Adopted  by  majority  vote  of  Texas  State  Teachers'  Association.) 

Fort   Worth,    Tex.,    Dec.    2,    lOlfi. 

(Pursuant  to  authority  vested  in  me  by  the  adoption  of  the  fore- 
going resolution,  I  have  this  day  appointed:  Supt.  Chas.  S.  Meek, 
San  Antonio;  Supt.  Alvin  Dille,  Bishop;  Prin.  E.  T.  Genheimer, 
Waco;  Prin.  J.  G.  Fuqua,  Beaumont;  Dr.  O.  H.  Cooper,  Simmons 
College,  Abilene;  President  Williams,  Westminster  College,  Tehua- 
cana.) 

The  first  five  members  of  the  committee  are:     State  Department 
of  Education,  W.   F.   Doughty,  Austin;    College   of  Industrial 
F.  M.  Bralley,  Denton;   Normal  Schools,  Dr.  W.  H.  Bruce,  Denton: 
A.  &  M.  College,  W.  B.  Bizzell,  College  Station;    University  of  T 
Dr.  J.  L.  Henderson. 

NAT    BENT<  l 
President  T.  S.  T.   A 

Mr.  Evans:  The  resolution  is  in  accord  with  both  the  spirit  and 
letter  of  the  resolution  presented  and  if  I  may  speak  for  the  com- 
mittee  I   am   willing   to   recommend   it. 

Mb.  Coopee:     I  move  the  adoption  of  Mr.  Dough ty's  resolution. 


698  University  of  Texas  Bulletin 

Mr.  FRED  Ehy:  I  second  the  motion  to  adopt  the  resolution.  The 
motion  carried. 

Mr.  A.  N.  McCallum:  Just  a  little  while  ago  in  the  reading  by  the 
Chairman  of  the  Resolutions  Committee,  a  resolution  was  adopted 
that  if  I  understand  the  meaning  of  the  resolution  at  this  time,  is 
charged  with  dynamite  for  the  school  interests  of  this  State;  and  that 
is  the  resolution  taking  out  of  the  hands  of  the  University,  the  classi- 
fication of  the  public  high  schools  of  this  State  and  putting  it  in  the 
hands  of  the  State  Department  of  Education.  Now,  no  man  in  this 
audience  admires  the  present  State  Superintendent  of  Public  Instruc- 
tion more  than  I  do,  and  no  man  here  admires  the  high  school  sup- 
ervisors in  the  State  Department  of  Education  more  than  I  do  and  I 
know  one  of  them  intimately  and  if  I  had  a  guaranty  that  Mr.  Doughty 
and  these  two  high  school  supervisors  would  continue  in  office  for  an 
indefinite  length  of  time,  I  would  never  make  the  motion  I  am  going 
to  make;  but  we  have  no  such  guaranty  as  that;  Superintendent 
Doughty  may  be  displaced  two  years  from  now  or  he  may  resign;  and 
the  Governor  of  this  State  may  appoint  his  successor;  and  then  that 
State  Superintendent  will  come  in  and  appoint  his  successor;  and 
then  that  State  Superintendent  will  come  in  and  appoint  two  other 
high  school  supervisors,  and  we  do  not  know  whom  he  will  appoint. 
That  is,  the  whole  trouble.  And  I  move  a  reconsideration  of  the  reso- 
lution passed  a  little  while  ago,  taking  out  of  the  hands  of  the  Uni- 
versity the  classification  of  the  public  high  schools  of  this  State  and 
placing  that  power  in  the  State  Department  of  Education.  I  make  that 
motion. 

The  motion  was  seconded. 

Mr.  Lackey:     Did  you  vote  for  the  motion? 

Mr.  McCallum:  Yes,  I  did;  I  did  not  know  exactly  what  I  was 
doing  when  I  did  so,  because  it  was  hurried  through. 

The  President:  You  have  heard  the  motion.  Are  you  ready  for  the 
question? 

(Calls  for  question). 

Mb.  Sutton-  I  would  like  to  ask  the  Chair  to  call  upon  the  State 
Superintendent — I  just  wish  to  ask  the  Chair — the  resolution  that  was 
submitted  was  not  discussed  at  all;  it  was  adopted  in  a  half  minute. 
Now,  I  suggest  that  a  matter  of  so  grave  importance  ought  to  be  given 
more  attention.  The  State  Superintendent  was  on  his  feet  seeking 
recognition  of  the  Chair;  the  Chair  did  not  see  the  State  Superin- 
tendent and  therefore  did  not  call  upon  him.  Now,  so  far  as  I  am 
individually  concerned,  there  is  not  a  school  in  Texas  in  which  I  do 
not  have  some  pleasure;  the  country  schools  of  this  State,  I  think,  are 
dear  to  my  heart.    The  city  schools  of  this  State  I  think  I  have  worked 


A  Source  Book  of  the  University  of  Texas  699 

with  some  degree  of  assiduity.  The  A.  &  M.  College  is  my  college. 
The  College  of  Industrial  Arts  is  my  college.  The  Normal  Schools 
of  this  State  are  part  and  parcel  of  my  estate.  I  remember  the  time 
when  they  were  not  so  very  numerous,  the  friends  of  the  normals,  and 
I  could  count  them  almost  on  the  fingers  of  one  hand — the  superin- 
tendents in  larger  towns  that  favored  the  normals.  Now  h<  re  is  a 
great  policy  for  a  great  State  and  I  think  we  ought  to  give  it  the  con- 
sideration that  great  questions  are  entitled  (o  receive,  and  I  ask,  Mr 
Chairman,  in  view  of  this  fact,  that  the  State  Superintendent  he  of- 
forded  an  opportunity  to  give  an  explanation  of  the  resolution  which 
he  himself  wished  adopted. 

A  Voice:      It   has   already   been    adopted. 

Mr.  Doughty:  I  tried  very  hard  awhile  ago  to  make  myself  clear. 
but  it  seems  I  did  not,  and  I  will  back  up,  crank  again,  and  start  it  all 
over.  I  offered  this  resolution  as  a  substitute  for  the  one  that  had 
already  been  adopted,  and  I  talked  at  length  explaining  why  l  would 
like  to  have  it  recommended  so  that  I  could  have  the  advantage  of 
expert  men  and  women  to  help  me  in  ibis  Important  matter  of  hand- 
ling the  classification,  whether  there  is  a  transfer  made  from  the 
State  University  to  the  State  Department  or  not.  I  personally  Dad 
never  cared  anything  about  a  transfer,  but  I  wanted  to  aid  the  work 
of  building  the  high  schools  of  this  State;  that  is  the  function  of  the 
State  Department  of  Education,  to  create,  to  foster,  to  build  up  high 
schools,  and  we  have  been  trying  to  do  so,  and  when  it  came  to  pass- 
ing upon  the  instructional  work  that  is  done  in  the  colleges  and  uni- 
versities with  reference  to  the  entrance  to  the  university,  I  had  noth- 
ing whatever  to  say,  no  objection  to  that  part  of  it.  Now  this  is  some- 
what of  a  surprise  to  me  that  this  action  has  been  taken,  and  I  told 
you  how  much  I  appreciated  the  confidence  that  was  intended  to  be- 
stow upon  us  in  our  work,  but  it  seems  also  that  it  was  not  under- 
stood that  we  were  to  offer  this  as  a  substitute  for  the  original  reso- 
lution.    I  thank  you. 

Mr.  J.  L.  Henderson:  Mr.  Chairman  and  members  of  the  {•inven- 
tion, l  come  before  you  at  this  time  with  considerable  embarrass- 
ment. The  subject  which  you  have  been  considering  was  brought  to 
my  attention  (he  first  time  late  yesterday  afternoon  and  I  bad  no  op- 
portunity to  ascertain  the  desires  of  those  who  advocated  this  Change. 
In  fact,  I  only  learned  before  the  noon  hour  thai  it  was  contemplated 
to  bring  before  this  Association  a  resolution  which  contemplated  re- 
moving entirely  the  matter  of  the  classification  from  the  S 
versity.  Then  I  am  going  to  be  thoroughly  Hank  with  you.  Ladies 
and  Gentlemen,  and  say  to  you,  thai  a  f<  w  of  us  who  are  lnt<  r<  sted  In 
the  matter  discussed  it  and  felt  that  it  would  be  unjusl  to  those  con- 
cerned and  to  the  schools  it'  we  permitted  the  matter  entirely 


700  University  of  Texas  Bulletin 

unchallenged.  After  some  consideration  it  was  decided  that  in  order 
to  have  a  full  and  complete  study  of  the  question  and  in  order  to  give 
all  who  might  be  interested  in  it  a  chance  to  have  an  expression,  a 
certain  committee,  composed  of  eleven  people,  I  believe,  representing 
the  different  institutions  of  the  State  and  the  high  schools,  and  the 
State  Department  of  Education  included,  should  come  together  from 
time  to  time  and  study  this  question  of  the  classification  and  then 
make  such  recommendation  to  the  Association  and  to  the  people  of 
this  State  as  would  ultimately  bring  the  best  to  the  State;  and  so 
in  making  this  proposition,  it  was  not  our  expectation  that  we  would 
defeat  the  will  of  the  school  people  of  this  State;  it  is  not  our  desire 
to  keep  within  our  hands  at  the  University  that  which  the  thinking, 
the  intelligent,  the  studious  part,  of  the  educational  force  would  not 
have  us  keep,  so  this  resolution  as  presented  by  Superintendent 
Doughty  includes  a  representative  of  the  Industrial  School,  a  repre- 
sentative from  the  Normal  Schools,  which  have  a  common  interest,  a 
representative  from  the  A.  &  M.  College,  a  representative  from  the 
University — as  many  as  four  men  from  the  schools,  two  from  the  high 
schools  and  two  superintendents  and  some  from  the  technical  insti- 
tutions that  certainly  have  a  part  also  in  the  educational  policy  of 
this  State.  Now  it  was  our  desire  that  this  committee  should  be  con- 
stituted so  that  it  would  be  untrammeled  in  thinking  and  that  it 
would  be  untrammeled  in  its  action  and  that  it  would  be  untram- 
meled in  the  recommendations  that  it  shall  see  fit  to  make  to  you  at 
a  later  date  then  when  we  come  with  the  wisdom  of  all  these 
a  later  date,  and,  then  when  we  come  with  the  wisdom  of  all  these 
members  of  the  committee,  we  will  work  in  close  relation  in  whatever 
line  it  may  seem  best  for  the  educational  interest  of  the  State.  I  hes- 
itate at  this  moment  to  enter  upon  any  discussion  of  the  merits  of  the 
transfer,  and  you  will  know  that  I  have  avoided  this.  The  only 
thing  I  ask  of  you  men  and  women  this  afternoon  is  not  to  vote  a 
measure  which  is  of  so  far-reaching  effect  as  this  one  is  today.  The 
resolution  which  you  first  passed,  ladies  and  gentlemen,  takes  out  of 
the  hands  of  a  committee  of  an  organization,  which  has  been  con- 
stituted entirely  along  educational  lines  and  places  it  in  the  hands  of 
one  which  is  constituted  along  political  lines.  And  let  me  call  your 
attention  to  the  fact  that  this  very  afternoon  you  voted  almost  unan- 
imously to  take  the  appointment  of  the  county  superintendent  out  of 
politics.  Now  for  God's  sake,  I  ask  you  not  to  vote  into  politics  this 
afternoon  without  due  consideration,  a  matter  which  deals  with  the 
interests  of  all  the  high  schools  of  this  State  (Applause).  I  want  to 
say  that  I  have  supported  this  State  Superintendent  and  I  have  sup- 
ported the  high  school  officials  who  are  in  the  field  and  we  have  co- 
operated wonderfully  for  the  development  of  the  schools  of  this  State. 


A  Source  Book  of  the  University  of  Texas  701 

We  have  been  assigned  at  times  past,  a  division  of  the  field  of  labor, 
and  never  a  time  have  we  played  false  with  the  assignment  of  labor. 
We  have  never  tried  in  a  single  instance  to  subtract  from  the  stand- 
ing and  power  and  work  of  the  State  Department  of  Education  and  we 
are  not  here  today  to  do  so.  All  we  ask  at  the  present  is  that  a  com- 
mittee shall  first  investigate  and  shall  bring  before  you  a  better 
proposition  than  we  now  have.  Let  the  State  Superintendent  and  his 
officers  and  those  of  us  who  are  laboring  faithfully  and  honestly  for 
the  University  and  the  other  educational  interests  of  the  State,  let  us 
work  and  co-operate  until  this  committee  shall  be  able  to  make  a 
faithful  study  and  then  make  a  fair  report.     (Applause). 

Me.  Cooper:  It  seems  to  me  that  a  re-consideration  of  the  resolu- 
tion that  has  been  adopted  is  a  superfluous  and  unnecessary  proposi- 
tion. (Applause).  There  is  no  disposition  I  am  sure  on  the  part  of 
anybody  here  to  disparage  for  a  moment  or  interfere  to  any  extent 
with  the  superb  work  that  has  been  done  under  the  University  in  this 
work  of  affiliation.  The  University  is  one  of  twenty  institutions  for 
higher  education  in  this  State,  the  greatest  and  most  important  In 
many  respects  and  the  University  should  unquestionably  continue  to 
exercise  a  wide  and  far-reaching  influence  over  the  establishment  and 
maintenance  of  the  right  kind  of  high  school  standards  in  Texas;  but 
these  other  interests  also  should  receive  the  consideration  that  their 
independent  entity  entitles  them  to.  And  we  are  simply  looking  today 
to  the  organization  of  an  educative  central  agency  that  shall  correlate, 
consolidate  and  unify  all  of  these  interests  that  are  concerned  in  the 
development  of  high  education  in  Texas.  We  do  not  look  to  any  dis- 
turbance of  standards.  We  look  to  a  maintenance  and  extension  of 
standards.  And  I  say  to  you  that  this  resolution  as  originally  adopted 
here  expresses,  I  believe,  the  sentiment  of  those  who  are  concerned 
in  the  real,  harmonious  development  of  the  higher  education  of  this 
State  in  all  directions  and  in  the  unification  of  the  standards  of  the 
high  schools  of  this  State  and  I  tell  you,  ladies  and  gentlemen,  if  we 
cannot  trust  the  great  Department  of  Education  and  if  we  cannot 
trust  this  Superintendent  of  Public  Instruction — and  I  wish,  having 
once  served  in  this  position,  to  pay  this  tribute,  that  I  think  his  work 
stands  unimpeached  not  only  in  Texas  but  so  far  as  I  know  in  the 
whole  South  (Applause).  I  am  not  afraid  to  trust  Doughty  and  I  am 
not  afraid  to  trust  this  Committee — he  is  a  University  of  Texas  man 
himself,  and  I  am  surprised  that  the  University  of  Texas,  or  any  rep- 
resentative of  it,  should  not  be  glad  to  associate  the  other  insti- 
tutions of  higher  education  under  the  direction  of  the  State  Superin- 
tendent in  this  transcendentally  important  matter  of  the  standards  of 
the  high  schools  of  this  State  (Applause).  And  I  ask  you  to  vote 
down  this  resolution  to  re-consider  (Applause). 


702  University  of  Texas  Bulletin 

Mb.  P.  W.  H<nt.\:  It  seems  to  me  that  to  a  slight  extent,  at  any 
rate,  we  are  in  danger  of  a  parlimentary  tangle;  we  first  voted  on  a 
certain  resolution;  then  we  adopted  another  resolution  that  was  in- 
tended to  be  a  substitute  for  the  first. 

Voices:     No,  no,  no. 

Mr.  Horn:  Now  whether  or  not  it  was  voted  on  in  that  way,  such 
was  the  intention,  and  it  seems  to  me  there  cannot  anything  be  risked 
in  at  least  giving  an  opportunity  to  re-consider  this  original  motion. 
The  substitute  as  offered  and  outlined  by  Mr.  Doughty  did  not  in  any 
way  say:  "We  will  not  have  this  particular  thing  that  the  resolution 
suggested";  it  did  say  it  was  time  to  consider  it,  and  as  one  of  the 
superintendents  of  the  city  schools  in  the  State,  and  as  one  of  the 
educational  workers  in  the  State,  and  as  one  with  no  connection  with 
the  State  University,  I  want  to  say  I  do  not  believe  we  ought  to  act 
on  this  question  in  judicially  or  hurriedly  (Applause).  And  I  do  not 
believe  that  we  have  had  time  to  think  this  thing  through;  I  believe 
we  ought  to  be  willing  to  re-consider  it;  I  believe  we  ought  to  be  will- 
ing to  take  into  consideration  the  advice  of  this  Committee,  as  our 
State  Superintendent  suggested.  Now,  there  is  just  one  other  thought 
I  want  to  mention,  which  perhaps  has  escaped  the  notice  of  some. 
This  is  a  harmonious  convention  of  our  Texas  State  Teachers'  Asso- 
ciation. So  far  as  I  know,  there  are  no  dividing  issues  in  our  speak- 
ing body.  If  there  is  a  single  teacher  in  Texas  who  would  not  support 
our  State  Superintendent,  I  do  not  know  about  him.  If  there  is  a 
single  one  who  has  not  confidence  in  him  and  does  not  support  him, 
I  do  not  know  who  it  is.  We  are  willing.  Aud  furthermore,  I  believe 
this,  that  there  are  none  of  us  who  want  to  say  anything  that  would 
disparage  our  great  central  university — l  do  not  believe  one  of  us 
would  want  to  draw  a  line  that  would  seem  to  disparage  them.  And 
here  is  another  thought;  if  there  were  any  teacher  in  Texas  who  had 
any  criticism  to  make  of  the  State  University,  now  would  be  a  mighty 
poor  time  to  make  it  (Applause).  Now  would  be  a  poor  time  to  make 
it.  And  I  do  not  believe  that  the  teachers  of  Texas  want  to  say  or  do 
anything  on  this  occasion  that  would  give  any  man  who  is  not  a 
friend  of  our  great  educational  institutions  an  opportunity  to  use  it 
as  a  club  and  say,  "See  what  the  teachers  themselves  thought  in  re- 
gard to  it";  I  believe  we  want  to  stand  by  our  State  Superintendent; 
I  believe  we  want  to  stand  by  our  State  University  and  the  plea  I 
make  is  for  such  a  re-consideration  as  will  allow  this  Committee 
which  has  been  suggested  according  to  the  plans  outlined  by  our  Sup- 
erintendent to  make  the  report  a  year  ahead,  and  then  when  we 
come  back,  if  we  still  think  this  motion  is  the  wrong  thing  to  make, 
and  if  our  Committee  advises  it  and  our  mature  thought  approves  it, 
let's  adopt  it.     Let  us  not  act  hurriedly  in  the  matter  or  give  any  of 


A  Source  Book  of  the  University  of  Texas  703 

the  enemies  of  our  State  schools  a  chance  to  use  our  action  as  a  club 
(Applause). 

Mr.  White:  A  point  of  information.  If  you  are  going  to  adopt  this 
amendment,  what  becmes  of  the  resolution  before  the  house? 

The  President:  If  you  re-consider  the  motion  we  will  simply  have 
nothing  before  the  house. 

Mr.  Evans:  There  is  nothing  new  about  this  proposition  to  any  of 
these  men  who  have  been  on  this  platform.  This  is  the  proposition 
involved.     (Reads) : 

"Believing  that  all  problems  involving  the  common  and  possibly  an- 
tagonistic interests  of  the  high  schools,  colleges  and  universities  of 
Texas  are  entitled  to  consideration  by  a  tribunal  in  which  all  have 
representation,  and  that  the  rapid  growth  of  these  interests  in  the 
State  justify  an  expansion  and  enlargement  impossible  under  the 
present  plan,  and  recognizing  that  the  high  schools,  denominational 
colleges,  College  of  Industrial  Arts,  four  State  normal  schools,  A.  & 
M".  College,  and  University  of  Texas,  have  vital  interests  which  can 
never  be  adjusted  satisfactorily  and  equitably  by  the  sole  action  of  a. 
single  institution  of  higher  learning,  we  favor  the  inspection  and 
affiliation  of  high  schools  under  the  direction  of  the  State  Departm* nt 
of  Education,  the  legally  constituted  head  of  the  school  system  of 
Texas,  such  standardization  to  be  binding  upon  all  schools  concerned." 

Who  tries  the  Baylor  cases  now  in  court?  Only  the  institutions  of 
learning.  I  deny  the  right  of  any  man  tc  try  my  case  when  he  ••mil  I 
have  something  in  common  and  interests  not  necessarily  identical.  I 
don't  want  to  try  his  case  (Applause).  I  want  to  do  this:  If  I  were 
justice  of  the  peace  or  judge  of  any  court  in  the  world  and  anybody 
raised  a  question  about  an  interest  of  the  court.  I  would  disqualify 
myself  before  breakfast.  (Applause).  This  proposition  simply  in- 
volves representation.  I  would  not  disparge  any  of  the  work  that 
is  being  done.  There  is  no  politics  in  it.  There  is  representation. 
The  A.  &  M.  College  is  not  now  represented  in  this  matter  of  Inspec- 
tion and  affiliation  of  schools;  the  high  schools  arc  u  nted. 
If  you  were  represented,  the  traditions  of  education  would  have  gone 
into  the  dump  heap  ten  years  ago  and  you  know  it  (Applause).  You 
would  have  accorded  home  economics  and  manual  training  a  i;cod  deal 
more  consideration  and.  you  know  it  (Applause).  This  is  simply  a 
proposition  of  representation  and  we  would  uol  think,  we  would  no1 
dream,  of  denying  the  University  representation.  Thai  is  the  propo- 
sition. 

Mr.  F.  M.  Braixev:  I  think  I  am  entirely  free  from  any  bias  in  this 
matter.  I  have  always  endeavored  to  look  at  the  educational  inter- 
ests of  Texas  from  a  broad  democratic  pVint  of  view  and  to  advocate 
only  such  measures  as  seem  to  he  fundamentally  sound  and  correct  in 
serving  the   interests  of  the   entire  educational    system    "f   the   E 


704  University  of  Texas  Bulletin 

I  am  a  friend  of  the  University  of  Texas;  I  have  always  been  and 
always  expect  to  be.  But  I  am  no  better  friend  of  the  University 
than  I  am  of  the  State  Normal  Schools  (Applause).  I  am  no  better 
friend  of  the  University  of  Texas  than  I  am  of  the  Agricultural  and 
Mechanical  College  (Applause).  I  am  unwilling  to  concede  that  all 
of  the  scholarship  and  all  of  the  educational  wisdom  of  this  country 
is  lodged  in  one  educational  institution  (Applause).  In  a  system  of 
standardization  for  the  public  high  schools  and  the  colleges  and  the 
universities  of  the  State  any  plan  which  excludes  even  one  factor  of 
this  work  is  too  narrow  to  meet  the  approval  of  broadminded,  schol- 
arly women  and  men  (Applause).  The  public  high  school  principals 
of  Texas  are  entitled  to  representation  (Applause).  The  city  school 
superintendents  are  entitled  to  representation.  The  denominational 
colleges  and  universities  of  this  State  are  entitled  to  representation 
(Applause).  In  the  making  of  these  standards  the  curricula  of  the 
University  of  Texas  is  entitled  to  representation.  The  four  State 
normal  schools  are  entitled  to  representation.  And  if  you  would  per- 
mit me  to  have  my  way  in  the  matter,  I  think  the  College  of  Indus- 
trial Arts  is  entitled  to  some  representation  (Applause).  I  do  not 
think  it  would  be  fundamentally  sound  to  permit  the  State  normal 
schools  of  Texas  alone  to  prescribe  the  educational  standards  of  the 
high  schools  and  of  admission  to  the  University  of  Texas.  Neither 
do  you.  Gentlemen  let  us  be  fair;  let  us  be  reasonable;  let  us  speak 
for  unity  and  co-operation.  I  believe  the  resolution  as  adopted  is  best 
for  the  University  as  it  is  for  the  entire  educational  system  of  Texas 
(Applause).  And  I  speak  as  a  friend  of  the  University  in  making 
that  statement.  The  University  of  Texas,  as  a  great  democratic  edu- 
cational institution  endeavoring  to  serVe  in  large  and  helpful  ways 
more  than  four  millions  of  people  in  this  State,  should  be  willing  to 
join  hands  with  the  four  State  normal  schools,  the  College  of  Indus- 
trial Arts,  the  Agricultural  and  Mechanical  College,  the  denomina- 
tional colleges  and  universities  of  the  State,  the  high  schools  and  the 
State  Department  of  Education.  The  State  Department  of  Education 
does  not  represent  any  one  educational  institution,  but  it  represents 
the  entire  system  of  education  in  Texas  (Applause).  I  am  in  favor 
of  voting  down  this  amendment  on  the  motion  to  re-consider  and  I 
want  to  serve  notice  now  on  the  University  of  Texas  that  if  this 
amendment  or  this  resolution  is  re-considered  and  defeated,  you  will 
only  be  adding  to  your  trouble  (Applause).  We  say  that  we  are  in 
favor  of  the  administration  of  school  affairs  in  Texas,  from  the  kin- 
dergarten up  to  the  colleges  and  the  universities,  as  free  as  possible 
from  the  political  domination — and  we  believe  it  (Applause).  And  I 
want  to  say  to  you,  without  any  unkind  feeling  and  without  anjr  criti- 
cism  whatever,   it   seems   to   me,   speaking   parenthetically   and   confi- 


A  Soura   Book  of  tht   University  of  Texas  705 

dentially,  that  the  University  has  about  as  much  politics  in   it  ;is  any 
other  school  in  this  State    (Applause). 

I  hope  that  this  body  of  broad-minded,  democratic  teachers  will 
refuse  to  consider  this  motion  to  re-consider — refuse  to  adopt  th< 
tion  to  re-consider  (Applause).  And  thai  this  committee's  r< 
sentatives  of  the  entire  educational  system  of  Texas  will  be  given 
an  apportunity  to  participate  in  an  orderly  and  proper  way  in  pre- 
scribing the  educational  standards  in  Texas.  1  thank  you  (Ap- 
plause). 

(Calls  for  question). 

Dr.  Frederick  Ery:      I  want  to  set  this  tiling  out  in  the  light  as  it 
seems  to  me — and  first  let  me  say  this:   We  passed  a  resolution   here 
to  the  effect  that  the  classification  of  the  schools  of  the  State  should 
be  taken  from  the  University  and  put  into  the  hands  of  the  Stat.    D< 
partment  of  Education.     Then,  Mr.  Chairman,  we  turned  around   and 
we  passed  another  resolution.     This  other  resolution,  if  I  understand 
the  situation  at  all,  and  I  tried  to  get  it  clear,  this  other  resolution 
is,  that  this  matter,  which  is  of  deep  concern  and  broad  concern,  as 
we  have  seen,  should  be  committed   to  a  broad,   generous  committee 
representing  the  various   institutions   of   this   State,   thai    they   might 
deliberate  upon  it  for  a  whole  year  and   then   bring   to   us   the   right 
fruitage  of  their  own  thoughts.     Ladies  and  gentlemen.  I  am  do1   here 
on  this  platform  to  take  issue  between  the  University  of  Texas  and  the 
State   Department.     Everybody  knows   that   T  am— at    least    everybody 
who   knows   the   North    Texas   State   Association    knows    this — that   1 
have  given  on  the  subject  some  views  concerning  this  matter  ar  the 
meeting  in   Sherman,   similar  views.     Now,  ladies  and   gentlemen,   in 
view  of  the  fact  that  we  have  here  a  very   difficult    question,    I    ask 
you:     Is  it  right  that  we  should  take  a  few  minutes  debate  here,  public 
debate,  and  pass  this  thing  and  have  it  go  into  action'.'     Would   it    i    I 
be  better,  would  it  not  be  saner  and  wiser,   ladies  and   gentlemen — 
we  represent  or  ought   to   represent  the   highest    intelligence   in    this 
State  of  Texas,  and  as  such,  we  ought  not  to  undertake  to  settle  any 
great  question  within  a  few  minutes  or  the  snap  of  a  finger.     But.  my 
friends,   that   is   not   the   way    that   democracy    should    work.      Lei    us 
take  time.     I  say  I  am  not  here  moreover  to  say  that  the  University 
of  Texas  should  do  this  work.     I  take  the  position   here   frankly   that 
the  University  of  Texas  should  now  take  the  advice  "l"  another  body  to 
do  this  work;  the  question  is,  what  shall  that   other  body  lie:   shall   it 
be  the  State  Department  or  shall  we  have  a  committee  representing 
all  of  these  schools  and  interests.     I    want   all   the   state  schools  rep- 
resented and   the   normal   schools   represented   and    l    want    something 
else  represented;   I  want  to  see  the  private  schools  of  this  State  repre- 
sented— I    mean    denominational    schools    and    the    state    Departmenl 
does  not  control  the  denominational   schools      so    1    plead    with   you 

■\'<— 227 


706  University  of  Texas  Bulletin 

that  you  shall  keep  this  resolution  that  was  so  wisely  brought  here 
by  our  State  Superintendent.  That  is  the  resolution  we  ought  to  have 
here  this  afternoon.  Give  us  that  committee,  or  let  them  deliberate, 
those  eleven;  deliberate  a  year,  and  then  we  will  have  a  report  brought 
in  here  that  T  am  sure  if  it  does  not  meet  the  wants  and  wishes  of 
everybody,  neverthless  it  will  represent  the  sanest  and  best  opinion 
of  this  State.  Ladies  and  gentlemen,  I  think  the  wise  thing  wculd  be 
to  rescind  the  first  resolution,  and  let  the  second  resolution  that  was 
adopted  for  this  committee  of  eleven,  stand  as  it  was  adopted  (Ap- 
plause). 

Me.  Morgan:  I  just  want  to  say  in  addition  to  the  words  that  have 
been  said  by  Mr.  Bralley  and  Dr.  Cooper  that  this  is  not  a  new  ques- 
tion but  it  is  a  matter  that  has  been  in  the  minds  of  the  teachers 
of  Texas  for  several  years.  And  these  gentlemen  of  the  University 
who  are  speaking  here  know  it  is  not  a  new  question.  I  hold  in  my 
hand  the  report  of  the  Department  of  Education;  the  Department  of 
Interior,  Bureau  of  Education,  of  our  United  States  Government, 
which  says  that  twenty-seven  other  States  in  this  Union  have  adopted 
and  tried  the  very  plan  that  this  body  has  just  now  adopted  (Ap- 
plause). I  say  to  you  it  is  not  a  new  step;  it  is  a  step  forward;  the 
University  is  asking  you  simply  to  give  them  the  exclusive  control 
of  this  thing  as  they  have  had  in  the  past.  When  this  resolution  is 
passed,  the  truth  is  the  University  by  this  resolution  is  still  getting 
its  representatives  and  we  all  know  it;  the  only  thing  we  are  asking 
is  that  the  other  institutions  shall  have  their  representation;  and 
what  objection,  what  reason,  in  justice,  can  the  University  offer?  We 
have  passed  the  first  resolution,  and  the  second  resolution;  we  supple- 
mented the  first  on  the  request  of  the  State  Superintendent  of  In- 
struction, Mr.  Doughty,  who  asked  that  the  thing  be  supplemented  by 
that,  and  we  have  adopted  that,  and  we  have  turned  around,  and  I 
hope  we  have  done  the  wise  thing  and  I  hope  you  will  oppose  the 
motion. 

The  President:     The  motion  is  to  re-consider  the  motion  adopted. 

A  Voice:     Which  resolution?    How  could  we  adopt  two  of  them? 

The  President:     Do  jou  want  the  resolution  read? 

A  Voice:     What   do   you  want  to  re-consider? 

The  President:  The  question  is  on  the  resolution — you  moved  to 
reconsider — 

Mr.  Dupbe:  Consider  the  resolution  as  presented  to  the  commit- 
tee, not  the  resolution  as  presented  by  State  Superintendent  Doughty. 

Mr.    Evans:     I    will    read    the    original    resolution: 

(Reads): 

Believing  that  all  problems  involving  the  cemmon  and  possibly  an- 
tagonistic interests  of  the  high  schools,  colleges,  and  universities  of 
Texas,  are  entitled  to  a  consideration  by  a  tribunal  in  which  all  have 


A  Source  Book  of  the  University  of  Texas  707 

representation,  and  that  the  rapid  growth  of  these  interests  Jn  the 
State  justify  an  expansion  and  enlargement  impossible  under  the 
present  plan,  and  recognizing  that  the  high  schools,  denominational 
colleges,  College  of  Industrial  Arts,  four  State  normal  schools,  A.  & 
M.  College,  and  the  University  of  Texas,  have  vital  interests  wnieh 
can  never  be  adjusted  satisfactorily  and  equitably  by  the  sole  action 
of  a  single  institution  of  higher  learning,  we  favor  the  inspection  and 
affiliation  of  high  schools  under  the  direction  of  the  State  Department 
of  Education,  the  legally  constituted  head  of  the  School  System  of 
Texas,  such  standardization  to  be  binding  upon  all  schools  concerned. 

The  second  resolution  supplements  it  and  puts  it  into  effect  in  har- 
mony with  it. 

The  President:  Let  me  explain  this.  T  think  I  understand  it;  I 
suppose  the  rest  of  you  should  by  this  time.  The  motion  is  to  re- 
consider the  adoption  of  this  resolution.  "When  the  question  is  put. 
those  favoring  this  motion — if  that  should  be  carried  in  the  affirma- 
tive, as   I  understand  it,   it  would  blot  out  what  we  have  done. 

Voices:     No,  no,  no.    Yes,  it  will;  yes,  it  will. 

The  President:  I  mean,  if  you  grant  the  motion  to  reconsider,  that 
kills  it  for  the  present. 

Upon  a  count  of  the  vote,  the  Chair  announced  the  motion  lost. 

Thirty-ninth  Annual  Meeting",  Waco,  November  29,  80,  and   Decem- 
ber 1,  1917,  pp.  5.3,  54,   "> 

The  President:  We  next  have  the  report  of  the  committee  on  reso- 
lutions by  Mr.   Bralley,  of  Denton 

Mr.  Bralley:  We  believe  that  the  teacher's  tenure  of  position 
should  be  more  secure  in  the  entire  educational  system  and  that  no 
teacher  should  be  dismissed  from  the  service  without  due  notice  and 
a  hearing  before  the  proper  authority,  if  he  or  she  desires  it. 

I  move  the  adoption  of  this  resolution.  (Seconded  and  resolution 
adopted.) 

Mr.  Brallev:     We  favor  and  recommend  the  amending  of  the  law 
by  the  next  regular  session  of  the  Texas  Legislature  so  as  to  make 
both  women  and  men  eligible   to  serve  on   boards   of   school    tm 
and  boards  of  regents  in   all   public  schools  and   State   supported   col- 
leges and  universities  in  Texas. 

I  move  the  adoption  of  this  resolution.  (Motion  seconded  and  reso- 
lution adopted.)     .... 

Mr.  Bralley:     Be  it  resolved  by  the  Tea  Teachers'  Associa- 

tion that  we  affirm  our  belief  that  steps  ought  to  be  taken  to  remove 
our  higher  institutions  of  learning  from  political  Influence.  We  be- 
lieve that  the  support  of  these  institutions  should  be  so  provided  for 
that  it  would  not  be  necessary  to  asl  3ive  legislatur 


708  University  of  Texas  Bulletin 

specific  appropriations,  and  that  the  management  of  these  institutions 
should  be  so  vested  that  the  influence  of  personal  and  partisan  politics 
will   have  the   least   possible  opportunity   to   interfere  with  them. 

This  resolution  is  submitted  to  the  committee  and  signed  by  Charles 
S.  Meek,  San  Antonio;  J.  E.  Blair,  Corsicana;  A.  S.  Bush,  Cuero;  J. 
F.  Campbell, ;  G.  M.  Sims,  Port  Arthur;  P.  W.  Horn,  Hous- 
ton, and  the  committee  recommends  its  adoption  and  I  move  its  adop- 
tion.     (Motion   seconded   and   resolution   adopted.)     .... 

Mb.  Braixey:  Be  it  resolved  by  the  Texas  State  Teachers'  Asso- 
ciation that  the  legislature  of  Texas  be  requested  to  provide  for  an 
adequate  survey  of  every  phase  of  the  State's  educational  system;  and 
be  it  further 

Resolved,  That  it  is  the  sense  of  this  association  that  an  im- 
partial, comprehensive  survey  can  best  be  made  by  the  Legislature 
.authorizing  a  committee  composed  of  a  representative  each  of  the 
University  of  Texas,  the  Agricultural  and  Mechanical  College,  the 
State  Normal  Schools,  the  State  Department  of  Education,  the  College 
of  Industrial  Arts,  President  of  the  Texas  State  Teachers'  Association, 
a  County  Superintendent,  a  District  Superintendent,  and  one  High 
School  and  one  Rural  Teacher,  which  committee  shall,  after  due  de- 
liberation thereof,  employ  a  competent  person  outside  of  the  State  to 
make  a  comprehensive  and  impartial  survey  of  the  entire  educational 
interests  of  Texas,  and  that  the  person  so  employed  shall  be  authorized 
to  bring  to  his  assistance  such  expert  help  as  he  may  deem  necessary 
in  the  discharge  of  his  duty.  Furthermore,  that  when  the  report  of 
the  survey  has  been  made  it  shall  be  submitted  to  the  legislature  for 
its  consideration  and  action. 

This  resolution  is  recommended  unanimously  by  the  committee  and 
I  move  its  adoption.  (Motion  seconded  by  Mr.  Bizzell  and  resolution 
adopted.) 


A  Source  Book  of  the  University  of  Texas  709 


PLATFORMS  OF  POLITICAL  PARTIES 

[From  Ernest  William  Winkler's  "Platforms  of  Political  Parties  in 
Texas,"  Bulletin  53,  1916,  of  the  University  of  Texas,  to  which  Bulletin 
the  page  references  apply.] 

German  Mass  Meeting,  1854,   San  Antonio,  May  15 

.      .      .      .      P.   61. 

B.      Social  Reform. 

7.  Der  Staat  hat  die  Pfiicht,  fur  die  Erziehung  der  Jugend  zu 
republikanischen  Staatsbiirgern  Sorge  zu  tragen,  und  alle  hemmen- 
den  Einfliisse  auf  die  Erziehung  so  viel  als  moglich  zu  beseitigen; 
darum  fordern  wir:      .... 

e.  Einrichtung  von  Universitaten,  wo  jeder  dem  Unterrichte  un- 
entgeltlich  beiwobnen  kann. 

Democratic  State  Convention,  1873;  Austin,  September  3-5 

P.    160 

5.  The  school  fund,  sacredly  set  apart  for  the  education  of  the 
children  of  the  State,  has,  under  the  operation  of  the  misrule  of  the 
party  in  power,  been  plundered  by  speculation,  squandered,  and  per- 
verted to  political  purposes.  The  Democratic  party,  through  us,  re- 
affirms its  past  opinion  and  the  policy  it  has  ever  pursued,  that  it  is 
the  bounden  duty  of  the  State  to  maintain  an  efficient  system  of 
free  common  schools,  and  secure  the  means  of  a  common  education 
to  every  child  in  the  State;  and  we  advocate  the  gradual  sale  of  tbe 
alternate  sections  of  land  belonging  to  the  common  school  fund,  as 
also  of  the  asylum  and  university  lands,  under  such  restrictions  as 
will  secure  the  funds  arising  therefrom  to  the  purposes  for  which 
they  were  intended,  .and  giving  in  such  sales  proper  preferences  to 
actual  settlers  in  good  faith  thereon. 

Democratic  State  Convention,   1880;    Dallas,  August   10-13 

P.  203 

4.  We  regard  the  maintenance  of  a  practical  system  of  public 
free  schools  of  the  utmost  importance,  and  to  this  end  favor  the 
largest  appropriation,  within  constitutional  limits  justified  by  the 
financial  condition  of  the  State.  As  we  favor  the  adoption  by  the 
next  legislature  of  the  constitutional  requirements  for  the  organiza- 
tion and  maintenance  of  "The  University  of  Texas." 


710  University  of  Texas  Bulletin 

Democratic  State  Convention,  1882;  Galveston,  July  18-21 

P.  210 

9.  We  declare  that  a  liberal  provision  should  be  made  to  endow 
with  the  public  lands  set  apart  for  the  payment  of  public  debt — or 
the  proceeds  of  the  sale  of  the  same — the  State  University  and  its 
branches,  but  in  no  case  should  any  portion  of  the  common  school 
lands  or  fund  be  used  for  this  purpose.  We  further  declare  that 
the  debts  due  the  University  and  common  school  funds  of  Texas, 
denominated  as  of  doubtful  validity,  should  be  recognized  and  paid, 
with  the  interest  due  thereon. 

10.  We  favor  the  fullest  education  of  the  masses,  white  and 
colored,  in  separate  common  schools,  and  the  advanced  education  of 
the  youths  of  the  country  in  our  higher  schools  and  State  University. 
We  favor  the  maintenance  of  normal  schools  for  the  instruction  of 
teachers. 

Republican  State  Convention,  1882;  Austin,  August  23-24 

P.  213 

5.  We  believe  that  the  school  and  University  lands  should  be 
sold  only  to  actual  and  bona  -fide  settlers  at  current  market  values, 
and  on  long  time,  with  a  reasonable  rate  of  interest,  and  in  parcels 
not  exceeding  six  hundred  and  forty  acres  for  farming  and  grazing 
lands,  and  in  large  bodies  for  purely  grazing  lands. 

6.  We  believe  that  such  endowments  as  have  been  made  to  the 
University  should  be  husbanded  and  strictly  applied  to  the  main- 
tenance of  the  same,  but  that  no  further  endowments  should  be  made 
to  the  University  until  the  State  shall  have  perfected  a  thorough 
system  of  free  public  schools. 

"Straight-Out"   Republican  Convention,   1884;    Dallas,   Septem- 
ber 23-24 

P.  233 

(8)  That  we  favor  the  early  completion  of  the  University  of 
Texas  and  its  colored  branch,  and  favor  liberal  appropriations  by  tha 
State  for  the  erection,  maintenance,  and  equipment  of  these  institu- 
tions. 


A  Source  Book  of  the  University  of  Texas  711 

Democratic  State  Convention,  1880;  Galveston,  August  10-13 

Pp.  238-239 

4.  We  favor  the  best  system  of  education  for  white  and  colored 
children  in  separate  common  schools,  which  may  be  provided  by 
liberal,  without  excessive,  taxation.  We  believe  that  the  education 
of  the  children  is  a  matter  of  State  right  and  duty,  and  that  the 
Congress  of  the  United  States  has  no  right  to  appropriate  money  to 
its  aid.  We  congratulate  the  people  of  Texas  upon  the  successful 
establishment  of  our  State  University,  and  we  recommend  the  enact- 
ment of  legislation  to  remove  the  same,  as  far  as  possible,  from  all 
political  influences,  and  that  its  properties  and  revenue  shall  be 
Strictly  guarded,  increased,  and  fostered  so  far  as  it  can  be  done 
without  taxation  upon  the  people. 

5.  We  believe  that  the  true  policy  of  the  State,  with  respect  to 
her  public  lands,  is  to  provide  for  their  sale,  in  tracts  of  reasonable 
size  with  reference  to  their  quality  and  uses,  at  fair  prices  and  upon 
long  credit,  to  bona  fide  settlers,  for  homestead  purposes.  We  favor 
such  a  classification  of  the  school,  university,  and  asylum  lands  as 
may  permit  the  unconditional  leasing,  for  short  terms,  of  lands  only 
fit  for  grazing;  and  that  the  remainder  may  be  leased  temporarily 
and  entirely  subjected  to  the  right  of  the  State  to  sell  to  actual  and 
bona  fide  settlers  And  to  these  ends  we  favor  the  enactment  of 
laws  to  compel  the  removal  of  trespassers  and  free  grazers  from  the 
public  lands,  and  to  force  the  payment  of  rent  for  their  use;  and  to 
fix  absolutely  the  rental  price  of  the  lands  to  be  leased.  There 
should  be  such  legislation  as  will  make  it  practicable  to  enforce  all 
laws  intended  to  prevent  the  illegal  use  of  the  school  or  other  public 
lands  of  the  State. 

Republican  State  Convention,  1886;   Waco,  August  25-26 

P.  243 

(2)  Public  Lands. — We  are  opposed  to  the  leasing  by  the  State 
of  large  bodies  of  land,  thereby  shutting  it  out  from  immediate  and 
actual  settlement. 

Democratic  State  Convention,  1890;  San  Antonio,  August  12-14 

P.  289 

8.  We  demand  that,  as  a  general  diffusion  of  knowledge  ia 
essential  to  the  promotion  of  the  liberties  and  rights  of  the  people, 
the  constitutional  provision  requiring  the  public  free  schools  to  be 


712  Univi  rsity  of  Texas  Bulletin 

maintained  and  supported  for  a  period  of  not  less  than  six  months 
eadh  year  shall  be  fully  and  faithfully  carried  out,  and  the  University, 
its  branches,  and  the  other  public  educational  institutions,  be  prop- 
erly endowed  and  maintained. 

Democratic   State   Convention,    1892;    Houston,   August   10-18 

Car  Stable  Convention. 

P.  320 

18.  A  general  diffusion  of  knowledge  being  essential  to  the 
liberties  and  rights  of  the  people,  we  demand  the  constitutional  pro- 
vision requiring  the  public  free  schools  to  be  maintained  and  sup- 
ported for  a  period  of  not  less  than  six  months  each  year  shall  be 
fully  and  faithfully  carried  out,  and  that  the  University,  its  branches; 
and  the  other  public  educational  institutions  be  properly  endowed 
rnd  maintained. 

Minority  Report,  p.   321 

4.  We  favor  nine  months'  session  of  our  public  schools  and  the 
complete  and  efficient  administration  and  maintenance  of  our  free 
school  system  and  of  the  University  of  Texas  as  a  fitting  and  indis- 
pensable culmination  thereof. 

"Kegular"  Republican  State  Convention,  1892;  Fort  Worth,  Septem- 
ber 13-14 

P.  329 

13.  We  demand  that  the  legislature  comply  with  the  constitu- 
tional requirement  and  establish  a  branch  of  the  State  university 
for  the  colored  people. 

Democratic  State  Convention,   1894;   Dallas,  August  14-16 

P.  341 

11.  A  general  diffusion  of  knowledge  being  essential  to  the  liber- 
ties and  rights  of  the  people,  we  pledge  that  the  constitutional  pro- 
visions requiring  the  public  free  schools  to  be  maintained  and  sup- 
ported for  a  period  of  not  less  than  six  months  each  year  shall  be 
faithfully  carried  out,  and  the  University,  its  branches,  and  other 
educational  institutions  shall  be  properly  endowed  and  maintained. 


A  Source  Book  of  the  University  of  Texas  713 

Minority  Report,  p.  344 

15.  We  favor  and  pledge  the  necessary  appropriations  to  main- 
tain the  efficient  operation  of  the  public  free  schools  for  the  con- 
stitutional period  of  six  months,  the  efficient  maintenance  of  the 
University  and  its  branches,  and  the  proper  support  of  the  Con- 
federate and  Orphans'  Homes. 

♦'Regular"  Republican  State  Convention,  1894;  Dallas,  August  28-29 

P.  346 

(10)  We  favor  equal  school  accommodations  for  all  races  and 
condemn  that  policy  of  the  Texas  Democracy  which  has  reduced  the 
per  capita  appropriation  of  the  State  school  fund  from  $5.00  two 
years  ago  to  $3  or  less  at  the  present;  also  that  the  State  should, 
as  early  as  practicable,  take  the  necessary  steps  towards  instituting 
the  colored  branch  of  the  university,  thus  putting  into  effect  the 
expressed  will  of  the  people. 

Democratic  State  Convention,  1 890;   Fort  Worth,  August  18-19 

P.  388 

14.  The  Constitution  well  declares  that  a  general  diffusion  of 
knowledge  is  essential  to  the  preservation  of  liberty,  and  we,  there- 
fore, demand  a  careful  husbanding  and  faithful  administration  of 
the  school  fund  and  revenue  of  the  State,  to  the  end  that  the  con- 
stitutional provision'  requiring  the  free  public  school  to  be  main- 
tained for  at  least  six  months  in  the  year  shall  be  observed  faith- 
fully, and  that  the  University,  its  branches,  and  other  educational 
institutions  shall  receive  all  proper  and  adequate  support  for  their 
maintenance  and  growth. 


16.  We  pledge  to  all  classes  and  races  equal  protection  in  the 
enjoyment  of  life,  liberty,  and  the  pursuit  of  happiness.  Provision 
has  already  been  made  by  us  for  the  control  and  management  of 
colored  schools  by  colored  trustees.  The  Prairie  View  Normal 
school  should  be  enlarged,  making  provision  for  industrial  features 
and  gradually  converting  it  into  a  university  for  the  colored  people. 
To  this  end  we  favor  setting  apart  immediately  for  this  purpose 
50,000  acres  of  the  unappropriated   public  domain. 


714  University  of  Texas  Bulletin 

Democratic  State  Convention,  1898;  Galveston,  August  2-4 

P.  403 

20.  We  recognize  the  necessity  of  the  development  of  our  edu- 
cational system;  we,  therefore,  declare  that  all  legislative  assistance 
necessary  will  be  given  to  bring  the  system  to  the  highest  possible 
degree  of  efficiency  consistent  with  our  financial  conditions,  and  in 
order  to  accomplish  this  purpose  we  demand  that  the  law,  allowing 
the  appropriation  of  any  part  of  the  permanent  school  fund  to  be 
transferred  to  the  available  school  fund,  shall  be  repealed. 

21.  Feeling  a  just  pride  in  the  increasing  usefulness  of  the  Uni- 
versity of  Texas,  the  Agricultural  and  Mechanical  College,  and  other 
educational  institutions,  we  favor  such  appropriations  by  the  legis- 
lature as  may  promote  their  efficiency  and  advancement. 

Democratic  State  Convention,  1900;  AVaco,  August  8-10 

P.  429-430 

8.  The  educational  system  of  our  State,  conceived  by  the  fathers 
of  the  Republic  and  fostered  by  the  Democratic  statesmen,  has  be- 
come the  just  pride  of  our  people,  and  we  pledge  our  continued 
efforts  to  strengthen  and  maintain  it  in  all  its  branches  and  to  keep 
it  clear  from  partisan  politics.  To  this  end  we  favor  the  submission 
by  the  legislature  of  a  constitutional  amendment  looking  to  the 
election  of  school  trustees,  and  appointment  of  the  members  of  the 
governing  board  of  the  higher  institutions  of  learning  for  a  term  of 
six  years,  as  contemplated  by  the  law  and  practiced  by  each  admin- 
istration until  declared  unconstitutional  by  a  recent  decision  of  the 
Supreme  Court. 

9.  Feeling  a  just  pride  in  the  increased  usefulness  of  the  Uni- 
versity of  Texas,  the  Agricultural  and  Mechanical  College  and  its 
branch,  the  Prairie  View  Normal,  and  other  educational  institutions, 
we  favor  such  liberal  appropriations  by  the  legislature  for  their 
support  and  maintenance  as  will  secure  their  greater  efficiency  and 
advancement. 

Democratic  State  Convention,  1902;   Galveston,  July  15-16 

Pp.  448-449 

8.  Recognizing  public  intelligence  as  the  best  safeguard  of  social 
order,  and  considering  the^present  prosperity  and  increasing  wealth 
of  our  State,  we  make  special  demand  upon  the  twenty-eighth  legis- 
lature to  deal  generously  with  all  State  educational  institutions, 
the  University,  the  Agricultural  and  Mechanical  College,  the  Girls' 


A  Source  Book  of  the  Umversity  of  Texas  715 

Industrial  School,  and  the  several  normal  schools,  including  the 
Prairie  View  Normal  and  Industrial  School  for  colored  youth,  and 
generally  to  promote  the  cause  of  education  in  Texas  to  the  end  that 
its  institutions  of  learning  may  rank  with  the  best  in  the  land. 

We  commend  the  course  of  the  last  legislature  in  making  ade- 
quate appropriation  from  the  general  revenue  for  the  maintenance 
and  support  of  the  University,  thereby  enabling  the  board  of  regents 
to  utilize  from  its  available  funds  the  money  required  for  the  erec- 
tion of  necessary  buildings  and   purchase  of  grounds. 

We  declare  it  to  be'  the  fixed  policy  of  the  Democratic  party  to 
take  our  public  schools  and  other  institutions  of  learning  out  of 
politics,  and  we,  therefore,  reiterate  the  demand  of  the  Democratic 
platform  of  1900  for  the  submission  of  a  constitutional  amendment 
making  the  appointment  of  trustees  of  our  schools,  colleges,  and 
University  for  terms  of  two,  four,  six,  and  eight  years. 

9.  We  request  the  legislature  to  provide  for  the  establishment 
of  a  textile  school  as  a  department  of  industrial  education  in  the 
Agricultural  and  Mechanical  College. 

Democratic  State  Convention,   1004;    Houston,   August  2-3 

P.  467 

3.  We  will  continue  the  liberal  policy  toward  all  our  educational 
institutions,  to  the  end  that  the  very  best  facilities  shall  be  pro- 
vided, where  the  youth  of  the  State  may  secure  educational  ad- 
vantages second  to  none  at  the  State's  own  institutions.  The  fathers 
made  wonderful  and  unselfish  provision  for  the  education  of  the 
youth  of  Texas,  and  we  pledge  ourselves  to  continue  to  be  faithful 
to  this  trust. 

We  commend  the  legislature,  and  many  of  our  city  governments, 
for  the  inauguration  of  industrial  education,  and  the  Democracy 
will  continue  to  foster,  encourage,  and  extend' the  same. 

Democratic  State  Convention,  1006;   Dallas,  August  14-1  (> 

P.  495 

19.  We  recommend  that  a  State  Department  of  Agriculture  be 
established  and  that  the  same  be  separate  and  apart  from  all  other 
departments  and  interests  and  that  the  same  be  adequately  sup- 
ported; that  there  be  provided  adequate  agricultural  equipment  and 
teaching  force  for  the  State  Normal  colleges,  the  College  of  In- 
dustrial Arts  for  Girls,  and  the  Agricultural  and  Mechanical  Col- 
lege, and  that  industrial  thought  in  the  schools  be  encouraged  by 
teaching   the   elements   of   agriculture   and    of   the   industrial   arts, 


716  I  niversity  of  Texas  Bulletin 

that  the  Agricultural  and  Mechanical  College,  the  College  of  Indus- 
trial Arts  for  Girls,  and  the  State  Normal  colleges  be  authorized 
to  grant  diplomas,  having  the  force  of  State  teacher's  certificates  to 
all  who  complete  the  necessary  course  of  study  as  graduates  in  the 
industrial  branches;  we  recommend  that  liberal  support  be  provided 
for  the  Agricultural  and  Mechanical  College,  the  experiment  sta- 
tions, the  farmers'  institutes,  the  College  of  Industrial  Arts  for 
Girls,  and  the  Texas  State  University  for  the  teaching  and  training 
of  our  youths  and   the  more  liberal  education  for  our  citizenship, 

Democratic  State  Convention,   1910;    Galveston,  August  9-10 
Pp.  534-535 

7.  Believing  that  an  educated  citizenship  is  the  best  assurance  of 
good  government  and  good  conduct,  and  recalling  the  wise  and 
generous  provision  made  by  the  fathers  of  the  Republic  of  Texas  for 
the  establishment  of  a  complete  system  of  public  education,  from 
the  primary  school  to  the  University,  we  remind  the  legislature  that 
our  school  system  has  not  kept  pace  with  the  educational  progress 
of  the  times,  but  has  suffered  in  organization  and  in  maintenance. 
We  demand,  therefore,  perfection  of  the  common  school  system  of 
this  State  and  the  adequate  provision  for  the  upbuilding  of  the  Uni- 
versity, the  Agricultural  and  Mechanical  College,  the  normal  schools 
and  the  other  educational  institutions  controlled  by  the  State.  Pro- 
vision should  be  made  for  efficient  county  organizations,  and  rural 
high  schools,  encouragement  of  manual  training  for  district  or 
county  agricultural  training  schools,  and  the  separation  of  the  Agri- 
cultural and  Mechanical  College  from  the  State  University.  Pro- 
vision for  a  liberal  and  independent  income  for  the  State  institu- 
tions of  higher  learning  should  be  made. 

Prohibition  State  Convention,   1912;    Dallas,   August   13 

P.  569 

5.  We  favor  the  most  liberal  appropriations  to  our  educational 
institutions  and  especially  to  the  agricultural  institutions,  and  would 
extend  the  agricultural  departments  to  all  rural  schools. 

Progressive  State  Convention,  1912;  Dallas,  August  13-14 

P.  572 

(2)  We  favor  more  liberal  appropriations  by  the  legislature  on 
behalf  of  higher  education  and  insist  that  in  this  respect  Texas  put 
herself  in  line  with  Wisconsin   and  other  progressive   States.     We 


A  Source  Book  of  the  University  of  Texas  717 

believe  that  money  so  spent  should  be  regarded  as  an  in¥estment 
and  not  as  a  charge  upon  the  people. 

Democratic  State  Convention,  1912;  San  Antonio,  August  13-14 

Pp.  578-579 

3.  A  general  diffusion  of  knowledge  being  essential  to  the  pre- 
servation of  the  liberties  and  the  rights  of  the  people,  we  recom- 
mend that  our  educational  system,  from  the  primary  school  to  the 
University,  shall  not  longer  suffer  from  faulty  organization,  and 
insufficient  financial  support.  The  Democratic  party  of  Texas,  there- 
fore, pledges  the  Thirty-third  Legislature  to  make  liberal  appropria- 
tions for  the  support  and  development  of  our  entire  educational 
system. 

We  reiterate  the  demand  made  in  the  State  Democratic  platform 
adopted  at  Galveston,  in  August,  1910,  that  adequate  provision  by 
constitutional  right  be  made  for  a  liberal  and  independent  income 
to  support  the  State  institutions  of  higher  learning,  including  the 
University,  the  Agricultural  and  Mechanical  College,  the  State  Nor- 
mal Schools  and  the  College  of  Industrial  Arts.  We  favor  more 
efficient  county  supervision,  and  the  extension  and  betterment  of  our 
rural  schools,  and  the  teaching  in  them  of  industrial  and  agricultural 
subjects.  We  favor  the  submission  of  an  amendment  to  our  Con- 
stitution which  will  provide  that  any  county  may  levy,  by  a  majority 
vote  of  the  taxpayers  thereof,  a  county  tax  for  the  better  maintenance 
of  the  schools  of  such  county.  We  further  favor  that  the  legislature 
propose  and  submit  an  amendment  to  Section  11,  of  Article  16,  of 
the  Constitution,  providing  for  the  complete  divorcement  of  the 
University  and  the  Agricultural  and  Mechanical  College  and  remove 
the  inhibition  against  making  appropriations  out  of  the  general 
revenue  for  the  erection  of  buildings  for  the  University,  and  that 
a  just  and  equitable  division  of  the  permanent  University  fund  be 
made  as  between  the  University  and  the  Agricultural  and  Mechanical 
College. 

We  indorse  the  proposed  amendment  to  Article  16  of  the  Con- 
stitution providing  for  six-year  terms  of  office  for  University  Regents, 
and  boards  of  managers  and  trustees  of  other  State  colleges,  schools, 
eleemosynary  and  penal  institutions,  and  we  call  upon  all  good 
democrats  throughout  the  State  to  vote  for  this  amendment  to  the 
end  that  a  law  may  be  enacted  by  the  legislature  providing  that  the 
terms  of  members  of  such  boards  may  be  arranged  so  that  the  terms 
of  office  of  one-third  of  each  board  may  expire  every  two  years,  thus 
insuring  those  institutions  against  frequent  changes  of  management 
to  their  detriment, 


718  I  niversity  of  Texas  Bulletin 

We  recommend  that  the  Thirty-third  Legislature  shall  promptly 
pass  a  bill  appropriating  money  to  pay  the  emergency  authorized  by 
the  Governor  for  the  erection  of  a  mess  hall  and  a  main  building 
lor  the  Agricultural  and  Mechanical  College,  and  for  the  building 
lor  the  use  of  the  medical  branch  of  the  University  at  Galveston. 

Socialist   State   Mass    Meeting,    1914;    Yoakum,    August    11. 

P.  596 

(26.)      .      .      . 

After  forty  years  of  administration,  the  disgraceful  inefficiency 
of  the  Democratic  party  is  manifest  in  their  conduct  of  the  educa- 
tional affairs  of  the  State,  by  the  astounding  fact  that  Texas  ranks 
first  in  the  amount  of  its  permanent  school  fund,  yet  it  is  thirty- 
eighth  in  attendance,  expenditure  per  wealth,  expenditure  per  child, 
teachers'  salaries,   length  of  term,   and  value   of  school   properties. 

i 

Progressive  State  Convention,    1914;    San  Antonio,  August  11 

P.  599 

10.  We  favor  the  separation  of  the  University  of  Texas  and 
the  Agricultural  and  Mechanical  College,  and  to  extend  to  each  the 
aid  necessary  to  carry  out  their  respective  phases  in  the  educational 
life  of  Texas. 

Republican  State  Convention,  1914;  Waco,  August  11 

P.  604 

(r)      .      .      .      .      Therefore,    the    Republican    party    favors    laws 

2.  Enabling  Texas  to  keep  pace  with  other  States  in  educational 
progress,  and  becoming  the  great  State  of  Texas,  and  for  the  separa- 
tion and  divorce  of  the  Agricultural  and  Mechanical  College  from 
the  University  of  Texas.  We  favor  compulsory  education  in  the 
lower  grades  of  our  public  schools,  with  free  textbooks  to  be  fur- 
nished by  the  State. 

Democratic    State  Convention,    1914;    El   Paso,   August   11   and    12 

Pp.  609,  610,  611 

11.  A  general  diffusion  of  knowledge  being  essential  to  the 
preservation  of  the  liberties  and  the  rights  of  the  people,  we  demand 


A  Source  Book  of  the  University  of  Texas  719 

that  our  educational  system  shall  not  suffer  from  faulty  organization 
and  insufficient  financial  support.  We  recommend  that  liberal  ap- 
propriations for  education  purposes  be  made  by  the  Legislature 
until  the  educational   institutions  of  Texas  rank  with  those  of  any 

other  State  in  the  Union 

We  are  gratified  at  the  rapidly  growing  demand  for  higher  educa- 
tion and  pledge  the  party  to  furnish  to  the  young  men  and  women 
of  Texas  facilities  and  opportunities  not  inferior  to  those  offered 
in  any  other  State. 

To  that  end  we  demand  that  permanent  and  dependable  provi- 
sions be  made  for  the  support  and  development  of  the  University, 
for  the  Agricutlural  and  Mechanical  College,  the  State  Normal 
Schools,  and  the  College  of  Industrial  Arts,  and  that  such  steps  as 
may  be  necessary  be  taken,  by  constitutional  amendment  or  other- 
wise, to  provide  for  the  erection  of  needed  and  permanent  fireproof 
buildngs  for  these  institutions.  We  also  demand  that  the  Legisla- 
ture make  appropriations  for  the  support  of  summer  sessions  of 
these  institutions,  that  the  teachers  of  the  State  may  have  an  op- 
portunity to  increase  their  professional  attainments  without  undue 
expense. 

12.  We  demand  that  hereafter  all  school  books  used  in  the  public 
schools  of  this  State  shall  be  printed  in  Texas,  subject  only  to  ex- 
isting contracts. 

16.  We  demand  that  the  differences  between  the  Agricultural 
and  Mechanical  College  and  the  University  of  Texas  be  fairly,  equit- 
ably, carefully,  and  cautiously  adjusted,  not  forgetting  that  both  of 
these  great  institutions  are  the  property  of  the  State,  and  the  source 
of  gratification  and  pride  of  all  our  people. 

17.  We  demand  adequate  appropriations  for  all  of  the  State  in- 
stitutions, and  direct  that  each  and  every  appropriation  be  itemized, 
and  to  be  so  expended  as  to  secure  to  the  State  a  dollar's  worth  of 
value  for  every  dollar  so  expended. 

Socialist   State  Convention,   1916;    Temple,  August   8 

P.  628 

(7)     Educational  Demands. 


A  more  efficient  educational  system  in  all  branches  of  learning, 
systematized  and  arranged  to  meet  the  every-day  requirements  of 
the  masses. 

Education  from  the  common  school  up  to  the  highest  State  col- 
lege to  be  absolutely  free  to  all,  including  board  to  students  at 
public  expense. 


720  University  of  Texas  Bulletin 

Democratic  State   Convention,   1916;    Houston,  August  8  and  i) 

P.  638 

(4)  Liberal  appropriations  for  the  maintenance  of  the  Agricul- 
tural and  Mechanical  College,  the  normal  schools,  the  College  of 
Industrial  Arts,  and  the  State  University,  including  their  mainte- 
nance during  the  summer  terms,  said  appropriations  to  be  fully 
itemized. 


A  Source  Book  of  the  University  of  Texas  721 


BULLETINS  OF  THE  UNIVERSITY  OF  TEXAS 

Letter  of  Comptroller  \V.  M.  Brown  to  Governor  (>.  M.  Roberts  for 

the  Regents.      November   14,   1881.      Prenumbered 

Bulletin   [1],   7-11 

In  compliance  with  your  request  ....  the  following  in- 
formation relating  to  the  University  Fund  is  furnished.  [Here  is 
given  in  some  detail  receipts,  disbursements,  including  misappropria- 
tions, from  the  beginning  of  the  Fund  through  the  Civil  War  and 
Reconsl ruction  Period,  together  with  a  statement  of  the  Funds  of 
date  September  30,  1881.     See  Table  XX.] 

The  University  land  sales  account,  as  at  present  carried  on  the 
books  of  this  office,  does  not  separate  the  permanent  and  available 
University  funds  as  now  distinguished  under  the  Constitution  of 
187  6  and  the  laws  in  force. 

According  to  my  construction  of  the  Constitution  of  187  6,  all 
moneys,  bonds  or  other  funds  to  the  credit  of  what  was  known  as  the 
University  fund  were,  by  the  terms  of  the  Constitution,  dedicated  as 
a  permanent  University  fund,  and  all  proceeds  of  sales  of  University 
lands  were  dedicated  as  permanent  fund. 

The  lands  were  to  be  sold  under  such  regulations  as  might  be 
directed  by  the  Legislature. 

That  body  authorized  the  payments  of  the  principal  debt  to  be 
made  in  installments  with  annual,  interest.  The  "proceeds"  of  the 
sales  under  the  system  now  existing  under  present  legislation,  in- 
clude principal  of  notes  taken  for  sale  of  University  lands  and  in- 
terest thereon. 

This  principal  and  interest  on  the  notes  taken  as  purchase  money 
for  lands  should  be,  in  my  opinion,  all  set  aside  and  transferred  to 
the  permanent  University  fund  account. 

This  principal  and  interest  has  been  from  time  to  time  invested 
in  State  bonds. 

Under  the  Constitution  the  interest  on  these  bonds  constitutes 
the  available  University  fund,  and  is  alone  subject  to  appropriation 
and  disbursement. 

As  stated,  the  University  land  sales  account,  as  shown  on  the 
records  of  this  department,  has  not  separated  the  permanent  and 
available  funds  arising  from  the  same.  Transfers  will  be  made  an  1 
the  account  separated.  This  separation  will  show,  on  September  1, 
1881,  as  belonging  to  available  University  fund  arising  from  interest 
on  bonds  total  credits  to  the  amount  of  $70,219.90.  This  sum  rep- 
resents interest  that  accrued  on  bonds  purchased  with  the  •'pro- 
ceeds"   of   sales   of   University    lands   and   accrued    interest    on    the 

46 — 227 


722  University  of  Texas  Bulletin 

bonds.  Against  this  available  fund  thee  remains  outstanding  unpaid 
appropriations  for  several  extraordinary  accounts  payable  from  the 
University  fund  to  Februay  28,  1883,  the  sum  of  $30,472.38.  When 
these  appopriations  are  satisfied  there  will  be  from  this  date  to  Jan- 
uary 1,  1883,  for  requisition  of  the  Board  of  Regents  of  the  State  Uni- 
versity the  sum  of  $37,025.11. 

It  is  deemed  proper  to  add  that  the  appropriation  of  $150,000 
made  by  the  last  Legislature  for  the  support  of  the  University  has 
not  been  considered  in  summing  disbursements  actual  or  prospective. 
Of  course  this  appropriation  as  an  entirety  has  full  standing  to 
exhaust  at  any  time  any  available  fund  that  may  be  in  the  Treasury. 

No  provision,  as  stated,  has  been  made  for  settlement  of  the 
principal  or  interest  of  the  $134,47  2.26  bonds  issued  in  1866,  and 
which  matured  in  January,  1879.  By  the  Constitution  of  1876  the 
principal  of  these  bends,  and  any  interest  due  thereon,  on  April  17, 
187  6,  became  permanent  University  fund.  From  April  17,  187  6, 
to  January,  1879,  the  date  when  the  bonds  matured,  it  seems  that 
we  may  consider  that  the  interest  due  on  these  bonds  is  available 
University  Fund.  The  interest  on  the  bonds  from  this  date  to  the 
date  when  the  bonds  matured  January,  1879,  amounts  to  $18,209.77. 

Should  the  Legislature  make  appropriation  of  this  interest,  the 
total  amount  that  will  be  subject  to  requisition  by  the  honorable 
Board  of  Regents  of  the  State  University  will  be: 

1.  By    sale    of    bonds,    interest,    premium,    etc.,    as 

shown  heretofore $37,025.11 

2.  Contingent  interest  as  above  stated 18,209.77 

Total $55,234.88 

There  will  be  an  annual  increase  to  available  fund  of  not  exceed- 
ing $2,000  from  the  continuing  sales  of  lands. 

The  extraordinary  views  assumed  generally  as  to  the  large  amount 
of  the  available  University  fund'have  arisen  from  several  errors  in 
amounts  considered  as  belonging  to  this  fund. 

1.  The  interest  on  notes  taken  as  purchase  money  for  University 
lands  has  been  considered  as  available  fund.  This  amounts  to  date 
to   $110,745.82. 

2.  The  entire  interest  on  the  $134,472.26  bonds  from  1866  to 
187  9  has  been  considered  as  a  certain  factor.  This  amounts  to 
$80.6S3.35.      Total,   $191,429.17. 

As  stated  heretofore  in  this  communication,  the  interest  on  the 
notes  by  the  terms-  of  the  Constitution  must  be  placed  to  the  credit 
of  the  permanent  University  fund;  and  further,  if  the  Legislature 
makes,  appropriation  for  interest  on  the  $134,472.26  from  date  of 
issue  to  maturity,  the  entire  interest  due  to  April   17,    1S7  6,   when 


A  Source  Book  of  the  University  of  Texas  723 

the   Constitution   went  into   effect,   amounting   to    $62,473.58,    must 
be  placed  to  the  credit  of  the  permanent  University  fund. 

In  my  opinion  the  $191,429.17  actual  and  contingent  funds,  here- 
tofore considered  in  estimates  as  belonging  to  the  available  Univer- 
sity fund,  belongs  without  doubt  to  the  permanent  fund,  and  will  be 
treated  as  such  in  the  records  of  this  department,  except  $18,209.77 
interest  on  the  $134,472.26  bonds  that  accrued  after  April  17,  1876. 

[See  extract  from  Texas  Historical  Association  Quarterly,  pp.  742,  747.] 

Letter  of  Land  Commissioner  AV.   C.   Walsh  to  Hon.  T.  D.  Wooten, 
December  15,   1886 

Report  of  Board  of  Regents,  1886,  p.  57 

According  to  the  provisions  of  "An  Act  to  Establish  the  University 
of  Texas,"  approved  February  11,  1858,  one  section  of  land  out  of 
every  ten  sections  which  have  heretofore  been,  or  may  hereafter  be, 
surveyed  and  reserved  for  the  use  of  the  State,  under  the  provisions 
of  the  act  of  January  30,  1854,  entitled,  "An  Act  to  encourage  the 
construction  of  railroads  in  Texas  by  donations  of  land,"  and  under 
the  provisions  of  any  general  or  special  law  heretofore  passed, 
granting  lands  to  railroad  companies,  and  under  the  provisions  of 
the  act  of  February  11,  1854,  granting  lands  to  the  Galveston  and 
Brazos  Navigation  Company,  was  set  apart  and  appropriated  to  the 
establishment  and  maintenance  of  the  University  of  Texas,  said 
sections  to  be  selected  by  the  Governor  of  the  State.  Under  the 
present  Constitution  of  the  State  of  Texas,  which  was  adopted  on 
the  18th  day  of  April,  1876,  it  is  provided,  "That  the  one-tenth  of 
the  alternate  sections  of  the  lands  granted  to  railroads  reserved  by 
the  State,  which  were  set  apart  and  appropriated  to  the  establish- 
ment of  'The  University  of  Texas'  by  an  act  of  the  Legislature  of 
February  11,  18  58,  entitled,  'An  Act  to  establish  the  University  of 
Texas,'  shall  not  be  included  in  or  constitute  a  part  of  the  perma- 
nent University  fund."  As  the  Constitution  does  not  revoke  or  annul 
the  grant  of  one-tenth  of  all  lands  surveyed  for  the  State  by  the 
Galveston  and  Brazos  Navigation  Company,  previously  appropriated 
to  the  establishment  of  "The  University  of  Texas,"  it  is  reasonable  to 
suppose  that  the  said  University  is  still  justly  entitled  to  the  nine 
and  four-tenths  sections  of  land,  being  one-tenth  of  all  lands  sur- 
veyed by  said  company  for  the  benefit  of  the  State,  the  field  notes 
of  which  have  been  returned  to  and  filed  in  this  office. 

P.  S. — The  greater  part  of  said  lands  are  located  in  the  eastern 
part  of  the  state. 


724  University  of  Texas  Bulletin 

Third   Biennial   Report   of  the  Board  of  Regents,   Decemher,    1888, 
pp.    18,    19,   50-53. 

B.      AN    INCREASED    INCOME 

In  the  case  of  the  departments  already  organized  at  Austin,  it 
is  believed  that  ultimately  the  income  from  the  bonded  and  landed 
endowment  will  be  ample  to  support  them  on  a  scale  commen- 
surate with  the  demands  likely  to  be  made  on  a  first  class  Uni- 
versity, but  from  past  -experience  and  present  indications  it  will 
be  several  years  before  this  income  is  large  enough.  For  the  effi- 
cient support  of  these  departments,  in  the  meantime,  the  Regents 
are  compelled  to  ask  help  from  the  State.  They  are  compelled 
to  ask  that  an  appropriation  be  made  from  the  general  revenue 
.  .  .  .  as  is  now  made  for  the  maintenance  and  support  of  the 
Agricultural  and  Mechanical  College,  for  the  Normal  Schools,  and 
for  the  Asylums.  In  making  such  an  appropriation,  until  an  in- 
come can  be  derived  from  the  University  lands,  Texas  would  only 
be  doing  for  a  few  years  what  Virginia,  Ohio,  Indiana,  Georgia, 
Michigan,  Wisconsin,  California,  and  every  other  State  that  has  a 
University  finds  it  necessary  to  do  every  year.  The  Universities 
of  these  States  have,  without  an  exception,  it  is  believed,  a  fund 
from  the  interest  of  which  they  are  partly  supported;  but  the  re- 
spective Legislatures  make  liberal  appropriations  to  supplement 
these  incomes.  In  that  way  and  in  that  way  only,  these  States 
are  able  to  maintain  free  Universities.  It  would  not  be  necessary 
to  make  a  large  appropriation.  Twenty  thousand  dollars  per  year 
for  several  years  would  enable  the  University  to  bridge  over  what 
threatens  to  be  a  crisis  in  its  history  and  enable  it  to  grow  in 
strength  and  usefulness,  and  for  this  amount,  the  Regents  there- 
fore ask. 

In  making  this  request  the  Regents  are  aware  that  in  the  opinion 
of  some  a  direct  appropriation  from  the  general  revenue  for  the 
maintenance  and  support  of  the  University  would  be  unconstitu- 
tional. As  a  matter  of  fact  this  view  of  the  case  has  prevailed  here- 
tofore, and  consequently  the  Regents  have  never  applied  for  an 
appropriation  from  the  general  revenue.  But  after  careful  consid- 
eration they  are  convinced  that  the  Legislature  has  a  right  to  make 
such  an  appropriation  under  Section  4  8  of  the  Constitution  of 
1876,  which  enumerates  the  purposes  for  which  taxes  may  be  levied, 
and  mentions  "The  support  of  public  schools,  in  which  shall  be  in- 
cluded Colleges  and  Universities  established  by  the  State." 

For  a  full  discussion  of  the  legal  aspects  of  the  question,  atten- 
tion is  respectfully  called  to  an  opinion  upon  the  constitutionality 
of  such  an  appropriation.      (See  Appendix  IV.) 


A  Source  Booh  of  the  University  of  Texas  725 

(Appendix  IV.      [Opinion  by  Robert  S.  Gould.] 

[Begins  by  quoting  Sections  10  and  11  of  Article  VII  of  the  Constitution 
of  1876.] 

Taking  this  last  section  by  itself,  and  giving  to  the  words  "all 
grants,  donations,  and  appropriations"  their  most  comprehensive 
meaning,  it  precludes  the  Legislature  from  making  any  direct  addi- 
tion to  the  available  fund  of  the  University;  for  it  devotes  all  future 
grants,  etc.,  to  the  permanent  fund,  and,  after  prescribing  the  mode 
of  investment,  subjects  only  the  accruing  interest  to  legislative  ap- 
propriation. The  language  is,  "The  same  as  realized  and  received 
Into  the  treasury;"  that  is,  the  same  grants,  donations,  and  appro- 
priations, just  declared  to  constitute  a  permanent  fund,  are  to  be 
realized,  converted  into  money,  and  invested  as  directed.  It  is  not 
some  of  these  grants,  etc.,  but,  if  we  take  the  literal  meaning  of  the 
words,  it  is  the  same;  that  is,  all  of  them. 

If  this  be  the  correct  construction,  Section  11  forbide  any  friend 
of  the  University  from  donating  money  or  property  to  be  used  in 
the  erection  of  any  buildings  for  the  University,  or  in  the  purchase 
of  instruments  or  books.  If  some  one  should  donate  to  the  Univer- 
sity land?,  buildings,  and  instruments  for  an  astronomical  observa- 
tory, this  clause,  thus  literally  construed,  would  require  that  all  be 
sold,  converted  into  money,  and  invested  in  bonds.  Should  some 
citizen  fit  up,  on  premises  owned  by  him  contiguous  to  the  Univer- 
sity, a  gymnasium,  and  convey  it  to  the  use  of  the  University,  it 
would  have  to  be  sold  and  follow  the  same  course. 

Even  donations  of  books,  such  as  have  already  been  made  and 
are  now  in  the  library,  are  also  forbidden.  They  must  be  sold,  the 
proceeds  invested,  and  the  interest  may  then  be  appropriated  to  buy- 
ing back  some  of  the  books.  Such  absurd  results  naturally  lead  us 
to  look  more  closely,  and  see  if  some  other  reasonable  construction 
may  not  be  adopted.  (See  Potter's  Dwarris,  p.  655.)  Especially 
should  we  seek  light  from  other  clauses  of  the  Constitution  bearing 
on  the  same  subjects. 

Section  48,  Article  III,  in  enumerating  the  purposes  for  which 
the  Legislature  may  levy  taxes  and  impose  burdens  on  the  people, 
specifies:  "The  support  of  public  schools,  in  which  shall  be  included 
colleges  and  universities  established  by  the  State,  and  the  mainte- 
nance and  support  of  the  Agricultural  and  Mechanical  College  of 
Texas."  To  support  the  public  schools  and  the  University  is  to  fur- 
nish the  means  for  carrying  them  on.  Taken  literally,  giving  to 
the  words  "to  support"  their  full,  literal  moaning,  this  section  is 
express  authority  for  making  direct  appropriations  out  of  the  gen- 
eral revenue  for' carrying  on  the  University,  i.  e.,  for  meeting  its 
current  expenses. 


726  University  of  Texas  Bulletin 

It  is  not  important  to  consider  whether,  under  some  other  clause 
of  the  Constitution,  the  Legislature  might  not  have  had  this  power, 
even  if  Section  48  had  been  omitted.  The  clause  is  not  in  any  way- 
restrictive  of  the  power  of  the  Legislature,  nor  is  it  meaningless  or 
without  a  purpose.  That  purpose  is,  to  make  it  plain,  to  declare 
positively  that  public  schools,  colleges,  and  universities  established 
by  the  State,  including  the  Agricultural  and  Mechanical  College, 
might  be  supported — furnished  with  the  means  to  be  kept  in  oper- 
ation— by  taxation.  This  primary  meaning  of  the  word  "support" 
is  further  enforced  by  looking  at  the  other  specifications  of  the  pur- 
poses included  in  the  economical  administration  of  the  government. 
(Article  III,  Section  48.)  With  scarce  an  exception,  they  refer  to 
annually  recurring  expenses. 

Taken  literally  we  find  that  this  clause  of  Section  48,  Article 
III,  and  Section  11,  Article  VII,  are  in  conflict.  Here,  then,  we 
have  a  second  and  very  strong  reason  for  re-examining  the  latter 
section,  to  see  if  this  apparent  conflict  may  not  be  reconciled.  If.a 
reasonable  construction  can  be  found  giving  effect  to  these  appar- 
ently conflicting  clauses,  it  must,  in  the  absence  of  some  preferable 
mode  of  reconciling  them,  be  adopted. 

We  claim  that  the  grants,  donations,  and  appropriations  in- 
tended were  of  a  like  character  with  those  "lands  and  other  prop- 
erty" then  already  "set  apart  and  appropriated  for  the  establish- 
ment and  maintenance  of  the  University  of  Texas;"  that  is,  those 
designed  to  add  to  its  permanent  endowment,  or  more  particularly 
to  add  to  its  interest  bearing  fund. 

Let  us  look  a  little  more  closely  at  the  meaning  of  the  words 
"grants,  donations,  and  appropriations."  Each  of  these  words  is 
comprehenive  enough  to  include  either  land,  personal  property,  or 
money,  but  it  is  nqj;  correct  to  suppose  that  the  word  appropriation 
by  itself  indicates  a  moneyed  gift  or  grant  any  more  definitely  than 
does  the  word  donation.  In  this  very  Section  11,  "land  or  other 
property"  is  twice  spoken  of  as  "set  apart  and  appropriated."  It  is 
also  once  used  when  the  context  shows  that  it  meant  money. 
Whether  is  means  land,  property,  or  money  is  to  be  gathered  from 
the  connection  in  which  it  is  used.  What  is  there  to  show  that  it 
means  money  set  apart  by  the  Legislature  to  pay  the  annual  recur- 
ring expenses  of  the  University,  in  the  clause  under  consideration? 
To  treat  it  as  referring  to  money  given  in  a  general  appropriation 
act  for  the  annual  support  of  the  University,  is  to  suppose  that  the 
Convention,  intending  to  prohinbit  such  appropriations,  instead  of 
doing  so  directly,  attempted  to  accomplish  their  purpose  in  a  most 
indirect  and  awkward  way.  The  Constitution  is  made  to  say:  All 
appropriations  of  money,  including  those  designated  by  the  Legisla- 
ture to  be  consumed  for  current  expenses,  shall  not  be  so  used,  but 


A  Source  Book  of  the  University  of  Texas  727 

shall  be  capitalized  and  invested.  How  easy  to  have  said,  as  was 
said  of  the  "establishment  and  erection  of  the  buildings  of  the  Uni- 
versity," that  to  meet  the  current  expenses  of  the  University,  "no 
tax  shall  be  levied  and  no  money  appropriated  out  of  the  general 
revenue."  How  awkward  to  say  that  an  appropriation  intended  for 
expenditure  shall  not  be  expended,  but  shall  be  invested.  Looking, 
then,  at  the  language  of  Section  11,  taken  by  itself,  I  deny  that 
there  is  anything  justifying  the  conclusion  that  the  word  appropria- 
tions was  used  to  mean  appropriations  of  money  to  be  expended  in 
defraying  running  expenses. 

Looking  at  Section  9,  of  this  same  article,  we  find  it  reads: 
"AH  lands  heretofore  granted  for  the  benefit  of  the  Lunatic,  Blind, 
Deaf  and  Dumb,  and  Orphans  Asylums,  together  with  such  dona- 
tions as  may  have  been,  or  may  hereafter  be  made  to  either  of  them, 
respectively  as  indicated  in  the  several  grants,  are  hereby  set  apart 
to  provide  a  permanent  fund  for  the  support,  maintenance,  and 
improvement  of  said  asylums.  And  the  Legislature  may  provide 
for  the  sale  of  the  lands  and  investment  of  the  proceeds  in  manner 
as  provided  for  the  sale  and  investment  of  school  lands  in  Section 
4  of  this  article."  The  section  is  very  concise;  but  it,  if  taken  lit- 
erally, giving  to  "donations"  its  full  literal  meaning,  prohibits  the 
Legislature  from  giving  any  money  to  the  asylums  to  be  used  in 
meeting  expenses.  Every  addition  made  by  the  Legislature  to 
either  fund  of  the  asylums,  the  permanent  fund,  or  the  fund  to 
meet  expenses,  is  a  donation.  Donations  which  may  hereafter  be 
made,  says  the  Constitution,  shall  be  "set  apart  to  provide  a  per- 
manent fund  for  the  support,  maintenance,  and  improvement  of 
said  asylums."  The  Legislature,  correctly  holding  that  the  Con- 
stitution meant  donations,  like  the  grants  of  lands  just  named,  in- 
tended for  endowment,  regularly  donate  or  appropriate  money  to 
keep  these  institutions  running.  The  Asylums  had  been  carried  on 
for  years  by  donations  or  appropriations  out  of  the  general  revenue, 
and.  although  U  e  language  of  the  Constitution,  taken  merauy, 
would  put  an  end  to  this  practice,  it  is  plain  that  the  object  of  the 
section  was  not  to  do  this,  but  simply  to  protect  from  expenditure 
the  endowments  of  the  asylums,  including  future  as  well  as  past 
donations  and  grants  intended  as  endowments.  Such,  also,  we 
claim  to  be  the  evident  object  of  Section  i  1,  in  regard  to  the  Uni- 
versity. Looking  at  Article  VII,  as  a  whole,  we  find  that  it  refers 
to  the  public  schools,  the  asylums,  and  the  University,  each  of 
which  had  already  been  endowed  by  the  State.  The  permanence 
and  security  of  these  endowments  seem  to  have  been  one  of  the 
primary  aims  of  the  article.  The  "fund.-,  lands,  and  other  property" 
before  set  apart  for  public  schools,  the  "alternate  sections  of  land 
reserved   by  the  State  out  of  grants  heretofore  made,  or  that  may 


728  I  niversity  of  Texas  Bulletin 

hereafter  be  made,  to  railroads  or  other  corporations,"  together  with 
the  proceeds  of  the  sale  of  the  same,  are  made  a  "perpetual  school 
fund,"  to  be  invested  in  the  way  prescribed  in  the  Constitution — the 
inten  si  only  to  be  "applied  annually  to  the  support  of  the  public 
tree  schools"  (Article  VII.  Sections  2,  4.  and  5).  So,  as  we  have 
seen,  the  endowment  of  the  Asylums,  as  then  existing,  or  as  in- 
creased by  further  donations,  was  made  a  "permanent  fund,"  to  be 
invested  in  like  manner.  And  so,  in  Section  11,  with  the  same  lead- 
ing object  in  view,  the-  Constitution  declares  that  "all  lands  and 
other  property  heretofore  set  apart  and  appropriated"  for  the  Uni- 
versity, and  "all  grants,  donations,  and  appropriations,  that  may 
hereafter  be  made  by  the  State  of  Texas,  or  from  any  other  source, 
shall  constitute  and  become  a  permanent  University  fund."  This 
permanent  fund,  including  proceeds  of  land  sales  and  all  sums  then 
in  the  treasury,  is  to  be  also  invested  as  directed  for  public  schools, 
the  interest  to  be  subject  to  appropriation.  Bearing  in  mind  that 
the  protection  of  th-e  endowment  was  a  primary  object  in  framing 
Section  11,  it  follows  naturally  that  this  protection  would  be  ex- 
tended to  all  future  additions  to  that  endowment  by  grants,  dona- 
tions, and  appropriations  from  the  State,  or  from  any  other  source. 
With  this  key  to  their  meaning,  is  it  not  reasonably  clear  that  in 
this  section,  as  in  Section  9,  the  words  used  were  not  intended  to  be 
taken  in  their  full  literal  signification?  The  object  being  to  pro- 
tect the  permanent  fund,  that  protection  is  extended  to  all  dona- 
tions or  accessions  to  that  fund  from  any  source.  Surely,  the  ob- 
ject could  not  have  been  to  discourage  gifts  to  the  University  by 
unreasonable  restrictions.  Yet,  if  the  clause  imposes  a  restriction 
on  the  Legislature,  the  conclusion  is  inevitable  that  it  imposes  the 
same  restrictions  on  individuals  desiring  to  make  donatons  or  be- 
quests for  the  benefit  of  the  Unversity.  It  has  already  been  shown 
that  if  the  object  of  the  clause  was  to  prohibit  appropriations  to 
be  expended,  the  method  of  doing  so  was  so  indirect  and  awkward 
as  of  itself  to  make  the  meaning  obscure  and  doubtful.  And  in  this 
connection  it  is  quite  significant  to  note  than  in  Section  14  of  this 
article,  when  the  object  was  to  limit  the  legislative  power  to  make 
appropriations  for  the  University  out  of  money  raised  by  taxation, 
the  prohibition  is  direct  and  positive.  "No  tax  shall  be  levied,  and 
no  money  appropriated  out  of  the  general  revenue  for  the  estab- 
lishment and  erection  of  the  buildings  of  the  University  of  Texas." 
Here  is  no  ambiguity.  Right  here  when  the  Constitution  is  speci- 
fying the  purposes  connected  with  the  University  for  which  the 
people  shall  not  be  taxed,  we  would  naturally  expect  to  find  it  speci- 
fied that  appropriations  should  not  be  made  out  of  the  general 
revenue  to  meet  the  current  expenses  of  the  University — if,  indeed, 
such  a  restriction  were  intended.     Here  is  a  clause  the  direct  object 


A  Source  Book  of  the  Umversity  of  Texas  729 

of  which  is  to  limit  the  purposes,  the  University  purpose?,  for  which 
the  people  may  be  taxed.  The  inference  is  strong  that  for  all  other 
University   purposes   than    those   her<  id,    the    power   of   the 

Legislature  to  make  appropriations  out  of  the  general  revenue  i? 
intended  to  be  left  untouched.  Extravagant  expenditure  in  the 
erection  of  expensive  buildings  for  colleges  had  been  common,  so 
common  that  it  was  desired  to  protect  the  people  from  suffering 
from  such  extravagance  in  the  case  of  the  University.  It  by  no 
means  follows  that  there  was  any  design,  or  even  disposition,  to 
curtail  further  the  power  expressly  granted  to  levy  taxes  to  "sup- 
port"   the   University. 

[Here  follows  a  quotation,  q.  v.,  from  p.  134,  Journal  of  the  Constitu- 
tional i  lonvention,  1875.] 

It  is  apparent  that  the  "grants,  donations,  and  appropriations 
heretofore  made,"  before  the  establishment  of  the  University,  had 
been  designed  for  its  endowment,  and  that  the  "lands  and  appro- 
priations that  may  hereafter  be  granted  by  the  State"  were  of  a  like 
nature.  Mr.  Davis,  of  Brazos,  was  undoubtedly  aiming  to  secure 
the  Agricultural  and  Mechanical  College  an  interest  in  the  endow- 
ment of  the  University,  also  to  protect  that  endowment  and  make 
it  productive.  There  is  nothing  to  indicate  a  design  to  curtail  the 
power  of  the  Legislature  in  making  appropriations  out  of  the  gen- 
eral revenue  for   the  University. 

Further  illustrations  showing  that  such  expressions  as  "all 
funds,  lands,  and  other  property  ....  that  may  hereafter  be 
set  apart  and  appropriated"  were  used,  when  the  context  plainly 
negatives  any  intention  to  include  annual  appropriations  for  cur- 
rent expenses,  may  be  found  on  pages  243  and  137  of  the  proceed- 
ings of  the  Convention. 

In  addition  to  all  this,  it  may  well  be  claimed  that  in  making 
appropriations  out  of  general  revenue  for  the  current  expenses  of 
the  Agricultural  and  Mechanical  College,  the  Legislature  nave 
given  their  construction  to  the  Constitution,  and  that  it  is  entitled 
to  respect.  The  Constitution  makes  the  Agricultural  and  Mechan- 
ical. College  a  branch  of  the  University.  Being  a  branch — an  inte- 
gral part  of  the  University — how  can  the  Legislature  appropriate 
revenue  to  meet  its  current  expenses  if  they  are  forbidden  to  do  this 
for  the  University?  Can  any  authority  be  found  in  the  Constitu- 
tion for  doing  this  for  the  Agricultural  and  Mechanical  College, 
and  not  for  the  University?  We  do  not  undertake  to  Bay  posil 
that  there  cannot,  but  what  we  do  assert  is  that  the  burden  of  show- 
ing it  develops  on  those  who  claim  that  it  exists.  Prima  facie,  wre 
have  a  legislative  interpretation  of  the  Constitution  in  favor  of  the 
right  to  appropriate  in  like  manner  for  the  main  University.  In 
fact,  is  not  'an  appropriation  for  the  current  expenses  of  the  Agri- 


730  University  of  Texas  Bulletin 

cultural  and  Mechanical  College  indirectly  an  appropriation  to  the 
main  University  by  relieving  it  in  so  far  from  the  burden  of  defray- 
ing the  expenses  of  the  Agricultural  and  Mechanical  College  out  of 
its  income? 

It  is  claimed  that  enough  has  been  said  to  justify  the  construc- 
tion of  Section  11  which  we  have  suggested — even  if  the  fact  were 
that  we  were  simply  seeking  the  meaning  of  that  section  standing 
alone,  with  no  outside  reason  or  occasion  pressing  for  or  against  any 
particular  construction.  If  taken  by  itself,  its  most  probable,  most 
reasonable  meaning,  may  be  briefly  summed  up  thus:  "To  secure 
a  permanent,  productive  fund,  designed  to  enable  the  Legislature  to 
establish  the  State  university,  it  is  declared  that  its  endowment  as 
it  now  exists,  including  land  and  other  property  heretofore  granted 
by  the  State,  and  all  money  arising  therefrom  now  in  the  treasury, 
and  also  its  endowment  as  it  may  be  added  to  by  the  State,  or  from 
any  other  sourse,  shall  be  a  permenent  university  fund,  invested 
only  in  bonds  of  the  State  or  of  the  United  States,  the  interest  on 
which  shall  alone  be  expended  under  the  direction  of  the  Legisla- 
ture for  the  benefit  of  the  university." 

But  it  must  be  remembered  that  we  are  compelled  to  reconcile 
this  section  of  the  Constitution  with  Section  4  8,  Article  III.  Taken 
literally  the  two  sections  are  in  conflict.  The  one  plainly  and  in- 
controvertibly  declares  the  power  of  the  Legislature  to  appropriate 
money  out  of  the  general  revenue  to  support  the  University.  Un- 
less this  power  is  restricted  by  Section  11,  it  clearly  authorizes  the 
annual  expenses  of  the  University  to  be  provided  for  our  of  the 
general   revenue. 

To  say  the  least  of  it,  it  is  far  from  certain  that  Section  11  was 
designed  to  impose  any  such  restrictions.  It  admits  of  a  reasonable 
construction,  which  harmonizes  the  two  sections.  That  construc- 
tion, requires  no  departure  from  the  natural  or  primary  meaning  of 
the  language.  The  words  are  merely,  from  the  context,  interpreted 
as  covering  less  ground  than  they  sometimes  do.  In  this  way  the 
two  sections  become  harmonious.  They  must  be  harmonized.  If 
this  is  not  the  way  to  make  them  harmonious,  then  we  must  do  it 
by  giving  to  the  words  "to  support,"  in  Section  48,  Article  III,  a, 
limited  meaning.  We  must  conclude  that  the  Constitution,  while 
requring  the  University  to  be  supported  by  taxation — -declaring 
that  its  support  is  one  among  the  purposes  for  which  taxes  may  be 
levied — most  strangely  departs  from  the  usual  method  of  providing 
for  government  purposes,  by  requiring  sufficient  taxation  to  raise 
a  fund  the  interest  on  which  will  support  it.  It  is  believed  that  no 
sufficient  reasons  can  be  given  in  support  of  this  mode  of  harmoniz- 
ing the  Constitution,  and  it  is  only  deemed  necessary  to  add  that  it 
leaves  in  force  the  absurd  restrictions  on  gifts  to  the  University, 
alluded  to  in  the  outset. 


A  Source  Book  of  the  University  of  Texas  731 

Prenumbeied  Bulletin    [47],  University;    Address    [June  19,    1889] 
by  Gen.  Sam  Bell  Maxey,  pp.  6-J) 

CONSTITUTION  OP   1875 

The  Constitution  of  1875  is  clear  and  explicit  as  to  the  power  and 
duty  of  the  Legislature  in  respect  to  the  University.  The  Legisla- 
ture shall  ....  "establish,  organize,  and  provide  for  the  main- 
tenance, support,  and  direction  of  a  University  of  the  first  class 
.  .  .  .  and  styled  'The  University  of  Texas,'  for  the  promotion 
of  literature,  and  the  arts  and  sciences,  including  an  agricultural 
and  mechanical  department." 

The  Legislature  has  already  complied  with  its  constitutional  duty 
to  the  extent  of  "establishing,  organizing,  and  providing  for  the 
direction"  of  the  University,  but  the  duty  of  providing  for  "the 
maintenance  and  support"  has  only  been  partially  discharged.  It 
will  cot  do  to  say  that  the  remnant  of  the  fifty  leagues  given  in 
1839,  and  the  $100,000  in  1858,  reduced  by  appropriations  by  the 
State  to  other  objects,  and  the  1,000,000  acres  of  land  given  by 
the  Constitution,  made  sufficient  provision.  The  framers  of  the 
Constitution  knew  perfectly  well  of  these  donations  and  of  the 
diversion  by  the  State  of  a  portion  of  these  grants  to  other  objects. 
They  knew  perfectly  well  that  the  munificient  land  grant  and  the 
$100,000  in  bonds  granted  by  the  act  of  1858,  supplemented  by  what 
the  State  had  not  disposed  of — of  the  fifty  leagues — would  have 
amply  endowed,  supported,  and  maintained  the  University  with- 
out taxation;  but  the  Constitution  took  away  the  land  grant  of  1858 
from  the  University,  although  not  one  ever  found  fault  with  that 
donation,  and  then  granted  1,000,000  acres,  which  in  view  of  the 
relative  value  of  lands  was  but  a  small  return.  Still  the  Constitu- 
tion by  no  expression  limits  the  Legislature  in  providing  for  the 
support  and  maintenance  of  a  University  of  the  first  class,  save 
the  general  limit  applicable  to  all  objects  of  appropriation,  and  the 
restriction  against  appropriations  to  buildings,  but  does  in  express 
terms  grant  it  the  power  to  levy  a  tax  for  the  support  and  main- 
tenance of  the  University,  as  well  as  to  make  appropriations  to  that 
end  out  of  the  general  revenue.  The  power,  therefore,  is  ample; 
the  necessity  to  support  and  maintain  a  University  of  the  first  class 
exists,  and  hence  the  power  being  ample,  and  the  necessity  existing, 
the  duty  is  imperative.  It  is  true  that  the  Legislature,  by  the  act 
of  April  10,  1883,  made  an  additional  grant  of  1,000,000  acres  of 
land  to  the  University,  but  it  is  manifest  that  however  valuable 
and  yielding  these  grants  may  become  they  do  not  now  yield  a  suf- 
ficiency for  necessary  buildings,  and  for  the  support  and  main- 
tenance of  the  University  upon  the  broad  scale  contemplated  by  the 
Constitution,  and  what  they  lack  should  be  supplied  by  necessary 


732  University  of  Texas  Bull  tin 

appropriations,  and  the  Legislature  will  not  do  its  imperative  con- 
stitutional duty  until  it  makes  such  provision.  The  Legislature 
passed  an  act  approved  November  [March]  30,  1881,  "to  establish 
the  University  of  Texas."  Manifestly,  therefore,  it  believed  the  time 
had  come  to  do  so.  The  Constitution  declares  that  the  Legislature 
should  establish  and  organize  the  University  "as  soon  as  practica- 
ble." Having  done  so,  it  is  too  plain  for  argument  that  the  other 
duties  to  provide  for  the  support  and  maintenance  of  the  Uni- 
versity, and  such  an  one  as  the  Constitution  specifically  names — 
that  is  to  say — "of  the  first  class,"  imperatively  follows.  I  be- 
lieve that  when  the  matter  .  is  understood  the  provision  will  be 
made. 

Sec.  10,  of  Art.  7,  of  the  Constitution  says  the  Legislature  shall 
establish,  organize,  and  provide  for  the  maintenance,  support,  and. 
direction  of  a  University  of  the  first  class.  It  did  not  leave  it  to 
the  Legislature  to  designate  what  was  such  an  institution,  but  the 
framers  of  the  Constitution  had  before  them  such  institutions  as 
Harvard  and  Yale  and  the  University  of  Virginia,  and  other  first 
class  institutions,  so  there  could  be  no  mistake  about  what  they 
meant.  That  wras  the  power  conferred,  and  the  Legislature  was  to 
execute  that  power  in  the  terms  directed.  But  it  is  said  that  section 
11  of  the  same  article  of  the  Constitution  modifies  and  restricts 
that  provision.  Now,  where  there  are  two  or  more  constructions 
which  may  be  placed  upon  the  Constitution,  making  it  doubtful  what 
was  meant,  and  the  Legislature  has  placed  its  construction  upon 
the  matter,  so  that  an  issue  has  gone  to  the  courts,  they  have  de- 
sided,  without  exception,  that  they  will  not  interfere  unless  the 
construction  placed  by  the  law  making  power  is  manifestly  against 
the  Constitution,  and  such  is  the  universal  rule  of  the  courts  from 
the  Supreme  Court  of  the  United  States  down,  and  such  is  the  prin- 
cipal clearly  enunciated  by  Cooley  on  Constitutional  Construction. 

The  Constitution,  in  Section  11,  of  the  same  Article,  sets  out  the 
various  items  which  make  up  the  general  fund.  The  word  appro- 
priation occasions  the  difficulty  by  its  use  in  one  part  of  the  Con- 
stitution in  one  sense  and  in  another  part  in  a  different  sense. 

As  I  construe  Section  11,  Article  7,  it  has  reference  to  such  ap- 
propriations, and  to  such  only,  as  are  designed  by  the  Legislature 
to  increase  the  permanent  University  fund,  because  it  is  associated 
in  that  section  alone  with  other  items  of  the  permanent  fund,  whilst 
the  use  of  the  same  word  "appropriations,"  in  the  proviso  to  section 
14.  same  article,  has  manifest  reference  to  such  appropriations  as 
may  be  designed  to  aid  in  the  payment  of  current  expenses  when 
the  revenues  derived  from  the  permanent  fund  are  not  sufficient 
for  that  purpose,  and  this  is  made  quite  clear  by  the  same  proviso 
which  prohibits  the  use  of  such  appropriations  for  the  erection  of 
buildings,   and  this  being  the  only  exception   to   its  use  it   can   by 


.i  Source  Book  of  the  University  of  Texas  733 

a  well  known  rule  of  construction  be  used  for  any  other  legitimate 
object  of  the  University. 

A  careful  examination  of  Sections  10  and  11  and  proviso  to  Sec- 
tion 14,  Article  7,  and  Section  48,  Article  3,  will  leave  no  doubt  I 
think  on  this  question.  If  it  be,  as  some  insist,  that  an  appropria- 
tion can  not  be  used  for  current  expenses,  but  if  made  must  go  into 
the  permanent  fund  you  have  this  anomaly:  You  have  the  fruits 
and  revenues  of  every  other  item  in  the  permanent  fund  subject 
to  any  and  every  legitimate  use  of  the  University,  but  the  interest 
on  that  particular  item  "appropriations"  can  not  be  used  for  build- 
ing. Again,  if  appropriations  can  not  be  used  for  current  expenses, 
then  whatever  money  may  be  appropriated  for  common  schools  or 
University  raised  under  Art.  3,  Sec.  4  8,  would  have  to  go  into  the 
permanent  funds  of  the  schools  and  University  respectively,  and  the 
interest  only  could  be  used  for  current  expenses.  Certainly  this 
construction  will  be  new  to  the  people.  Suppose  the  University  needs 
$10,000  for  its  immediate  use  in  its  support  and  maintenance.  You 
can  not  make  the  appropriation  directly  under  the  construction 
claimed  by  some  of  section  11,  but  you  must  appropriate  say  $200,- 
000  and  put  that  in  the  general  fund,  and  if  it  yields  five  per  cent 
interest  use  the  interest,  which  would  be  $10,000.  but  the  $200,- 
000  would  still  be  in  the  permanent  fund  after  the  necessity  for  the 
$10,000  had  ceased. 

But  look  at  the  fourteenth  section.  That  provides  for  appropria- 
tions out  of  general  revenue,  but  this  shall  not  be  used  for  building 
purposes,  and  there  is  no  other  limitation  on  its  use;  but  there  is 
no  lawyer  but  knows  that  where  an  exception  is  made  it  includes 
every  other  legitimate  purpose.  So,  if  you  can  not  use  an  ap- 
propriation out  of  the  general  revenue  for  building  purposes,  you 
can  use  it  under  the  proviso  to  section  14  for  any  other  legitimate 
purpose  for  the  University. 

But  the  grand  and  governing  object  and  mandate  of  the  Consti- 
tution is  to  establish  and  maintain  "a  first  class  University,"  and  all 
other  provisions  of  the  Constitution  must  be  made  to  harmonize 
with  that  leading  purpose.  Go  back  to  the  forty-eighth  section  of 
the  third  article  of  the  Constitution  and  you  will  find  that  your  Leg- 
islature has  the  power  to  tax  the  people  for  schools,  "including  col- 
leges and  universities."  Now,  if  that  tax  must  go  into  the  perma- 
nent fund  for  the  University,  the  school  tax  must  go  into  the  perma- 
nent schaool  fund.  You  can  not  help  the  common  schools  or  the 
University  by  appropriations  except  from  the  interest,  if  this  strange 
construction  be  correct. 

Where  the  Legislature  has  passed  an  act  construing  the  Consti- 
tution, the  act  will  be  followed  by  the  courts.  The  Legislature  did 
that  in  its  appropriations  for  the  Agrcultural  and  Mechancal  College, 
which    is   by   the   Constitution   a   branch   of  the    University,   and   in 


734  University  of  Texas  Bulletin 

giving  $75,000  for  the  main  University  and  $50,000  for  its  medical 
branch  at  Galveston.  Three  times  ntfw  has  the  Legislature  put  the 
same  construction  upon  the  Constitution,  allowing  appropriations 
for  the  University  outside  of  the  University  fund.  The  Legislature 
has  done  this  looking  to  its  duty  to  establish  a  first  class  University, 
and  recognizing  the  fact  that  such  institutions  have  their  law  and 
medical   department. 

I  have  faith  in  the  honestly  and  intelligence  of  the  people.  When 
they  come  to  understand  the  matter,  and  the  claims  of  the  Uni- 
versity expressed  in  every  form — in  the  Declaration  of  Indepen- 
dence; in  the  Constitution  of  the  Republic;  by  the  Third  Congress 
of  the  Republic;  by  the  Seventh  Legislature  of  the  State,  and  by 
the  Constitution  of  1875,  ratified  by  the  people  by  a  great  majority, 
and  by  the  act  establishing  the  University — there  will  be  no  hesita- 
tion in  securing  ample  appropriations  until  the  University  becomes 
self-sustaining,  as  it  soon  will  do  after  all  necessary  buildings,  ap- 
paratus, library,  etc.,  are  provided  and  paid  for.  The  words  "main- 
tenance" and  "support,"  as  used  in  the  Constitution,  are  weighty 
words,  and  the  Legislature,  by  that  instrument,  is  required  to 
provide  for  both.  The  loan  made  by  the  Twentieth  Legislature 
was  of  material  benefit  in  enabling  the  Regents  to  use  money  for 
the  erection  of  the  main  building,  as  well  as  the  building  for  the 
medical  branch  when  established,  but  the  duty  to  support  and  main- 
tain is  not  thereby  discharged.  I  am  aware  of  the  proviso  to  Sec- 
tion 13,  Article  7,  of  the  Constitution,  in  respect  to  buildings.  That 
does  not  change  the  argument.  Let  the  Legislature,  in  case  of  need, 
support  and  maintain  the  University,  and  the  Regents,  out  of  the 
current  fund,  can  erect  the  buildings;  and  so  manifestly  thought 
the  Legislature  just  adjourned,  in  Kits  appropriations  for  the  Uni- 
versity proper  and  the  medical  branch. 

Prenumbered  Bulletin   [57]  Faculty  Address  by  Governor  Oran  M. 
Roberts,    June   17,    1890,    pp.    10,    11,    12- 

It  is  to  be  observed  that  there  is  no  express  provision  [in  the 
Constitution]  requiring  the  Legislature  to  appropriate  money  col- 
lected as  revenue 'to  the  available  fund  to  be  used  annually,  as  it 
was  provided  for  the  support  of  the  public  free  schools.  From 
which,  as  well  as  from  other  considerations,  it  may  be  presumed, 
that  the  University  was  intended  to  be  supported  mainly,  if  not 
entirely  from  the  accruing  proceeds  of  its  permanent  fund.  Upon 
that,  there  has  been  some  difference  of  opinion.  There  is  no  ques- 
tion, however,  that  the  Legislature  may  appropriate  any  amount 
of  money  or  bonds  to  the  permanent  fund.  The  Legislature  has 
heretofore  both  loaned  and  appropriated  money  from  the  revenue 
for  the  support  of  the  University  as  it  has  been  needed,  and  unless 


A  Source  Bool-  of  the  University  of  Texas  735 

sme  important  action  is  taken  to  increase  largely  its  permanent 
fund,  that  course  must  be  continued  for  the  annual  maintenance 
of  the  University,  as  now  organized,  for  an  indefinite  time  in  the 
future.  A  very  general  view  of  the  present  situation  will  illustrate 
this. 

[Here  follow  some  sentences  exhibiting  the  inadequacy  of  the  Univer- 
sity income.] 

....  This  shows  that  we  have  arrived  at  a  crisis,  present- 
ing practically  three  alternatives,  which  are,  first,  to  go  on  asking 
favors  from  the  Legislature  from  year  to  year,  to  maintain  its  pre- 
carious existence;  second,  to  unload  by  suspending  for  the  present 
every  department,  except  the  academic  department  of  the'  main  Uni- 
versity, and  the  Agricultural  and  Mechanical  branch,  and  by  re- 
ducing their  expenditure  to  the  regular  income,  and  await  the  ac- 
cumulation of  sufficient  funds  to  establish  the  other  necessary  de- 
partments; third,  to  devise  the  means  of  increasing  the  permanent 
fund  sufficiently  to  place  all  of  the  departments  in  good  working 
order  upon  the  annual  income. 

The  last  alternative  is  that  which  the  best  interest  of  the  country 
demands.  But  the  question  is,  how  shall  that  be  accomplished? 
The  lands  belonging  to  the  fund  is  the  source  from  which  an  in- 
crease of  it  must  be  realized.  It  is  believed,  that  it  is  better  to 
depend  upon  the  liberality  and  justice  of  the  Legislature  in  regard 
to  the  lands  still  owned,  than  to  claim  as  debts  due  the  fund  the 
amount  of  property  heretofore  appropriated  to  it,  that  has  been 
diverted  from  it  to  other  purposes. 

[Here  follows  a  pase  of  suggestions  concerning  the  best  utilization  of 
the  lands.] 

.  .  .  That  would  enable  the  University  to  be  carried  on  with- 
out a  continual  application  to  the  Legislature  to  meet  the  annual 
expenditures.  Whatever  course  may  be  pursued,  it  is  to  be  hoped 
that  it  will  give  a  surety  for  the  permanent  maintenance  of  the 
institution  in  all  of  its  branches  and  departments 

The  University  Record,  Vol.  IV,  No.  4,  December,  L902;  pp.  415-422 

The  Constitution  and  the  University,  by  Yancy  Lewis 

At  each  session  of  the  Legislature  the  question  of  its  power  to 
appropriate  funds  from  the  general  revenue  for  the  support  and 
maintenance  of  the  University  recurs.  It  is  proposed  in  this  article 
to  collate  the  different  provisions  of  the  Constitution  bearing  upon 
the  question  and  to  consider  them  in  the  light  of  a  few  plain  rules 
of  constitutional  construction. 


736  University  of  Texas  Bulletin 

[Here  quotes  Article  III.  Sections  42  and  4R,  and  Article  VII,  Sections 
I.   hi.    ii,   L3,   I  i,  and    15    <  tonstitation  of  1876.] 

Upon  these  articles  of  the  Constitution  three  constructions  have 
been  based: 

1.  That  the  Legislature  has  no  power  to  appropriate  funds 
raised  by  taxation  in  aid  of  the  University  for  any  purpose  what- 
soever. 

2.  That  the  Legislature  has  the  power  to  appropriate  funds 
raised  by  taxation  in  aid  of  the  University,  but  that  the  same  must 
become  a  part  of  the  permanent  University  fund  and  be  invested 
in  bonds,  the  interest  thereon  to  be  subject  to  appropriation. 

3.  That  the  Legislature  has  power  to  appropriate  money  from 
the  general  revenue  for  the  maintenance  and  support  of  the  Uni- 
versity, but  not  for  the  'establishment  and  erection  of  the  buildings 
thereof. 

By  way  of  preliminary  to  the  consideration  of  these  several 
views,  the  following  principles  of  construction  are  stated,  in  the 
belief  that  they  are  regarded  as  sound  by  courts  and  lawyers: 
The  object  of  construction,  as  applied  to  a  written  constitution,  is 
to  give  effect  to  the  intent  of  the  people  in  adopting  it.  To 
ascertain  such  intent,  the  constmction  must  be  based  upon  an  ex- 
amination of  the  whole  instrument  and  not  upon  single  clauses. 
It  must  give  effect  to  every  section  and  clause  in  the  constitution 
relating  to  a  particular  subject-matter.  It  must  be  reasonable  and 
not  strained  or  artificial.  It  should  regard  the  general  purpose 
or  intent  of  provisions  relating  to  a  particular  subject-matter  as 
the  key  to  the  meaning  of  subsidiary  parts,  and  should  enlarge  or 
constrict  the  meaning  of  particular  clauses  and  words  in  such 
parts  if  necessary  to  effectuate,  and  not  defeat,  the  main  intent 

The  first  view  is  based  upon  the  first  sentence  of  Section  11. 
It  urges  that  the  clause  "all  grants,  donations  and  appropriations 
that  may  hereafter  be  made  by  the  State  of  Texas"  is  in  antithesis 
to  the  clause  "all  lands  and  other  property  heretofore  set  apart 
and  appropriated,"  and  that  the  proper  interpretation  of  the  clause 
"grants,  donations  and  appropriations"  limits  its  meaning  to  such 
grant,  donation  or  appropriation  of  land  or  property  thereafter 
made  by  the  State;  that  the  words  "in  order  to  enable  the  Legis- 
lature to  perform  the  duties  set  forth  in  the  foregoing  section" 
restrict  the  Legislature  to  the  exercise  of  the  power  in  that  sen- 
tence conferred;  that  this  view  is  confirmed  by  the  subsequent 
clause  "and  the  interest  accruing  thereon  shall  be  subject  to  appro- 
priation by  the  Legislature  to  accomplish  the  purpose  declared  in 
the  foregoing  section";  that  consequently  the  Legislature  has 
power  to  make  appropriations  or  donations  of  land  to  the  perma- 
nent fund  of  the  University,  but  not  power  to  make  appropriations 
of  money.     The  interpretation  placed  upon  the  clauses  first  set  out 


A  Source  Book  of  the  University  of  Texas  737 

is  believed  to  be  sound.  It- is  reasonable  to  assume  that  the  noun, 
"appropriations,"  relates  to  the  same  idea  as  the  verb  "appropri- 
ated," used  in  immediate  antithesis,  and  this  verb  refers  to  land 
and  property.  Furthermore,  it  will  be  perceived  that  if  that  word 
"appropriations"  means  appropriations  of  cash  or  money,  then  as 
soon  as  the  interest  of  the  permanent  fund  is  appropriated  by  the 
Legislature,  as  authorized  by  the  last  half  of  Section  11,  this  inter- 
est, thus  become  an  "appropriation,"  would  become  a  part  of  the 
permanent  fund,  and  the  two  parts  of  Section  11  are  thus  made 
self-destructive.  But  the  restriction  of  the  power  of  the  Legis- 
lature to  the  power  conferred  by  Section  1  1  alone  palpably  ignores 
Section  4  8,  Article  III,  whereby  the  Legislature  is  authorized  to 
levy  taxes  and  impose  burdens  upon  the  people  for  the  support  of 
public  schools,  including  colleges  and  universities  established  by 
The  State.  This  construction  has  had  few  advocates  and  is  so 
manifestly  untenable  that  it  is  not  strange  that  for  many  years  it 
has  been  practically  abandoned. 

The  second  construction  has  had  more  persistent  advocates,  and 
rests  upon  firmer  ground.  It  is  founded  on  the  same  clause  of 
Section  11  upon  which  the  first  is  based,  viz.:  "All  grants,  dona- 
tions and  appropriations  that  may  hereafter  be  made  .... 
shall  constitute  and  become  a  permanent  University  fund."  If 
this  clause  were  the  only  one  relating  to  this  matter,  the  view 
suggested  would  be  beyond  quesion:  but  there  are  other  clauses 
which  relate  to  the  matter.  Looking  to  all  these  clauses,  let  us 
apply  to  the  second  and  third  contentions  the  principles  of  con- 
struction   heretofore  stated,   and  see   which   is  in   accord   therewith. 

Which  construction  will  give  effect  to  all  the  provisions  of  the 
Constitution  relating  to  the  subject-matter? 

By  Section  42  of  Article  III,  the  Legislature  is  required  to  pass 
such  laws  as  may  be  necessary  to  carry  into  effect  the  provisions 
of  the  Constitution.  By  Section  48  of  Article  III,  the  Legislature 
is  authorized  to  make  appropriations  for  the  support  of  public 
schools,  including  colleges  and  universities  established  by  the 
State.  Under  Section  14  of  the  University  article,  ,the  Legisla- 
ture is  required,  when  deemed  practicable,  to  establish  and  provide 
for  the  maintenance  of  a  college  or  branch  university  for  the 
instruction  of  the  colored  youths  of  the  State,  to  be  located  by  the 
votes  of  the  people;  provided,  that  no  tax  shall  be  levied,  and  no 
money  appropriated  out  of  the  general  revenue,  either  for  this 
purpose  or  for  the  establishment  and  erection  of  the  buildings  of 
the  University  of  Texas. 

This  last  section  is  as  much  a  part  of  the  Constitution  as  an> 
other,  and  can  not  be  overlooked  or  ignored.  Such  meaning  must 
be  given  other  provisions  as  will  permit  this  section  also  to  have 
meaning  and  effect.      By  this  section   the  Legislature    is    Inhibited 

47 — 227 


738  University  of  Texas  Bulletin 

to  approprate  money  out  of  the  general  revenue  for  the  mainte- 
nance of  a  college  for  the  instruction  of  colored  youths  or  for  the 
establishment  and  erection  of  the  buildings  of  the  University  of 
Texas.  Is  the  inhibition  to  appropriate  money  for  the  erection 
and  establishment  of  buildings  the  same  as  the  inhibition  to  appro- 
priate money  for  maintenance?  It  is  a  strained  and  artificial 
construction  which  so  asserts.  Did  the  makers  of  the  Constitution 
intend  that  these  words  should  mean  the  same  thing?  If  they 
did,  why  did  they  not  use  the  same  words  and  provide  that  no  tax 
shall  be  levied  and  no  money  appropriated  out  of  the  general  rev- 
enue for  the  maintenance  and  support  of  a  branch  college  or  uni- 
versity for  the  instruction  of  colored  youths  or  of  the  University  of 
Texas? 

Which  construction  tends  to  effectuate  and  not  to  defeat  the 
leading  intent  of  the  University  provisions? 

It  must  be  admitted  that  such  leading  intent  is  to  be  found  in 
the  provision,  "The  Legislature  shall,  as  soon  as  practicable,  estab- 
lish, organize  and  provide  for  the  maintenance,  support  and  direc- 
tion of  a  university  of  the  first  class."  This  intent  divides  itself. 
The  Legislature  is  commanded  (1)  to  establish  a  university  of  the 
first  class,  and  (2)  to  do  this  as  soon  as  practicable.  It  is  appro- 
priate to  pause  at  this  point  to  emphasize  the  canon  of  construction 
here  involved.  This  canon  requires  that  those  who  seek  a  consti- 
tutional intent  shall  in  good  faith  accept  the  general  purpose  of 
related  provisions  and  read  the  subsidiary  clauses,  and  enlarge  or 
restrict  their  meaning,  so  as  to  accomplish  the  general  purpose. 
It  is  just  the  opposite  of  that  method  by  which  those  who,  being 
opposed  to  the  general  purpose,  construe  the  clauses  providing 
means  and  agencies  so  as  to  defeat,  to  hinder  or  retard  its  accom- 
plishment. Let  the  constitutional  purpose  in  this  instance  be 
accepted.  Let  is  be  unequivocally,  unreservedly,  and  loyally 
accepted.  Let  us  begin  to  read  from  this  point,  viz.,  that  the  con- 
stitution purposes,  intends  and  commands  the  establishment  of  a 
university  of  the  first  class,  as  soon  as  practicable.  If  the  second 
view  is  sound,  then  the  establishment  of  a  university  of  the  first 
class  would  necessarily  be  postponed  until  that  time  when  by  suc- 
cessive legislative  appropriations  the  principal  or  permanent  fund 
of  the  University  has  become  so  large  that  the  interest  therefrom 
alone  would  be  sufficient  to  maintain  a  university  of  the  class 
commanded.  It  is  an  indirect  and  circuitous  mode  by  which  to 
accomplish  a  plain  purpose.  It  imposes  upon  the  Legislature  the 
obligation  to  provide  funds  from  which  the  people  could  not  derive 
immediate  benefit,  but  which  should  increase  through  the  slow 
years  untl  such  time  as  that  the  interest  from  its  aggregate  would 
be  large  enough  to  give  to  the  people  of  the  State  the  benefits  of 
a  university.      It  would  not  make  possible  the  establishment   of  a 


A  Source  Book  of  the  University  of  Texas  739 

university  of  the  first  class,  as  soon  as  practicable,  but  would  offer 
strong  inducement  to  the  indefinite  postponement  of  such  estab- 
lishment. The  other  view,  that  the  increase  of  the  permanent 
fund  might  be  used  for  buildings  and  the  establishment,  so  to 
speak,  of  a  university  plant,  and  that  the  Legislature  could  make 
appropriations  for  current  support  and  maintenance  beyond  ques- 
tion, presents  the  more  direct  and  quicker  way  to  accomplish  the 
constitutional  purpose. 

Which  is  the  reasonable  construction? 

The  second  view  is  based  upon  a  single  clause. 

The  third  has  regard  for  Section  48  of  Article  3,  which  empow- 
ers the  Legislature  to  provide  for  the  support  of  public  schools, 
including  colleges  and  universities  established  by  the  State;  for 
Section  10,  Article  7,  which  commands  the  establishment  of  a  uni- 
versity of  the  first  class;  for  Section  14,  which  inhibits  appropria- 
tion for  the  maintenance  of  the  colored  universty,  or  for  the 
establishment  and  erection  of  the  buildings  of  the  University  of 
Texas.  It  is  true  this  view  constricts  the  meaning  of  the  word 
"appropriations"  in  the  clause  "all  grants,  donations  and  appro- 
priations that  may  hereafter  be  made,"  found  in  Section  11,  but, 
as  we  have  seen,  the  fair  interpretation  of  these  words,  looking  to 
the  context,  justifies  this  construction.  The  slightest  regard  for 
the  other  provisions  of  the  Constitution  compels  such  constriction. 

The  third  construction,  when  the  Constitution  is  read  with  a 
view  to  accomplish  and  not  defeat  its  purpose  to  have  a  uni- 
versity of  the  first  class,  is  not  merely  reasonable;  it  embodies  a 
practical  policy  of  the  highest  wisdom.  It  enables  the  acquisition 
by  the  University  of  a  permanent  fund  which,  though  it  might  be 
increased,  should  never  be  diminished;  which  should  give  stabilty 
to  the  University,  and  be  an  assurance  of  its  perpetual  existence; 
which  should  be  the  source  from  which,  as  the  needs  of  the  Uni- 
versity manifested  themselves  to  its  governing  board,  a  certain 
fund  for  the  extension  of  its  buildings  could  be  had.  It  recog- 
nizes both  that  the  University  must  have  enlargement  of  buildings 
according  to  its  growth,  and  that  the  ability  of  the  Legislature  to 
make  appropriaion  for  maintenance  will  vary  with  the  conditions 
of  the  State;  that  under  some  condtions  is  might  be  able  to  make 
large  appropriations  for  maintenance,  with  the  result  that  all  rev- 
enues of  the  University  derived  from  its  permanent  funds  could 
be  used  for  needed  extensions  and  enlargement  of  buildings;  that 
under  other  conditions  the  Legislature  might  not  be  able  to  make 
such  appropriations,  in  which  case  the  governing  authorities  of  the 
University  could  refrain  from  growth  and  expansion  and  use  the 
revenues  from  its  permanent  fund  for  support  and  maintenance. 
This  construction  enables  the  Regents  of  the  University,  according 


740  University  of  Texas  Bulletin 

to  the  needs  of  the  institution,  and  the  Legislature,  according 
to  the  financial  condition  of  the  State,  to  meet  and  perform  the 
high  and  imperative  mandate  of  the  Constitution  resting  equally 
upon  both,  to  establish  and  provide  for  the  maintenance  and  sup- 
port of  a  university  of  the  first  class — the  supreme  and  sovereign 
expression,  of  a  purpose  which  manifested  itself  at  the  earliest  and 
noblest  period  in  our  history,  is  evidenced  by  the  arraignment  in 
the  Declaration  of  Texas  Independence  of  the  authorities  of  Mex- 
ico for  their  failure  to  provide  educational  facilties,  by  the  mes- 
sage of  President  Lamar  urging  provision  for  the  establishment  of 
institutions  of  higher  learning,  by  the  dedication  of  a  site  for  the 
University  by  the  commissioners  of  the  Republic  who  located  its 
capitol,  by  provision  made  during  all  the  succeeding  years  for  the 
realization  of  this  fixed  policy  of  the  founders  of  the  Republic  and 
of  the  State,  to  provide  a  complete  system  of  education,  related 
and  symmetrical,  co-ordinated  in  the  very  article  of  the  Consti- 
tution now  in  question,  based  upon  the  public  schools  and  com- 
pleted by  a  university,  commensurate  with  the  greatness  of  Texas, 
the  glory  of  her  history  and  the  promise  of  her  future. 

[Pages  725  to  740  have  been  devoted  to  a  discussion  of  the  constitution- 
ality of  appropriations  from  the  general  revenue  for  the  maintenance  of 
the  University  because  this  legal  question  is  vital  and  has  played  a  large 
part  in  the  history  of  the  University.  It  was  the  cause  of  some  opposition 
and  the  excuse  for  much  more. 

As  soon  as  the  University  was  put  in  operation,  the  income  from  the 
permanent  fund  was  seen  to  be  insufficient  and  this  insufficiency  became  . 
more  and  more  pressing.  The  amounts  taken  from  the  permanent  fund 
during  the  Civil  War  (see  "Debt  of  State"  in  Index)  caused  the  Legislature 
to  make  a  loan  to  the  University  in  1887  (see  p.  354),  and  it  was  not  till 
1S91  that  the  first  direct  appropriation  was  made.  Thereafter  this  con- 
stitutional question  created  a  rapidly  diminishing  amount  of  opposition  to 
University  appropriations.  The  question  gave  rise  to  a  small  amount  of 
discussion  during  the  Campbell  amdinistration  as  the  result  of  a  partial 
gubernatorial  veto  of  an  appropriation  bill.  It  arose  again  as  an  after- 
thought in  the  abundant  discussions  that  followed  the  Ferguson  veto  of 
the  entire  University  appropriations.  In  this  last  connection,  two  suits 
arose. 

On  October  16,  1917,  Representative  W.  V.  Dunnam  of  Coryell  asked 
Judge  F.  M.  Spann  of  the  District  Court  of  Bell  county  for  an  injunction 
to  restrain  the  county  tax  collector  from  collecting  any  taxes  for  the 
maintenance  of  the  University  or  the  S'tate  Comptroller  from  paying  any 
warrants  drawn  against  the  University  appropriation.     The  plaintiff  alleged 

(a)  that  the  appropriation  is  unconstitutional,  contravening  Sections  10 
and  11  of  Article  VII,  which  provides  that  all  appropriations  out  of  the 
general  revenue  must  go  into  the  permanent  fund  to  be  invested  in  bonds, 
the  interest  from  which  alone  may  be  used  to  maintain  the  University,  and 

(b)  that  the  State  tax  rate  had  been  fixed  at  the  constitutional  maximum 
(Section  9  of  Article  VIII)  before  the  University  appropriation  was  made. 
On  October  24  a  hearing  was  had  at  Belton,  Assistant  Attorney  General 
Luther  Nickels  appearing  on  behalf  of  the  Comptroller.  Judge  Spann 
(a)  denied  the-  injunction  against  County  Tax  Collector  Jake  D.  Nelson 
because  the  plaintiff  did  not  show  irreparable  damage  from  that  officer; 
(hi  denied  the  injunction  against  Comptroller  H.  B.  Terrell  because  juris- 
diction belonged  in  Travis  county,  and  (c)  declined  to  pass  on  the  consti- 
tutional question  involved. — Dallas  News,  October  17,   25,  and  2S,   1917. 

Accordingly  on  November  21,  1917,  W.  V.  Dunnam  petitioned  in  the  Fifty- 
third  District  Court  of  Travis  county  for  an  injunction  against  the  Comp- 
troller; to  the  two  allegations  in  the  previous  case  was  added  a  third,  viz., 
that  Section  49  of  Article  3 il  prohibits  a  deficiency  greater  than  $200,000, 
Whereas  there  was  a  deficiency  of  $368,277.75  when  the  University  appro- 
priation bill  was  passed.  The  case  was  argued  on  December  1,  and  on 
December  19,  1917,  Judge  George  Calhoun  denied  the  temporary  injunction 
pending  a  hearing  of  the  main  case.  This  hearing  the  plaintiff  has  not  yet 
demanded. — Austin   Statesman,   November  21,  December  1   and  19,   1917.] 


A  Source  Book  of  the  Umversity  of  Texas  741 


THE  QUARTERLY  OF  THE  TEXAS  STATE  HISTORICAL 
ASSOCIATION 

April,   1898,   Vol.   1,   N<>.    *,  pp.  233-265 

A  HISTORY  OF  THE  ESTABLISHMENT  OF  THE  UNIVERSITY  OF 

THE    STATE   OF   TEXAS,    BY   GOVERNOR    ORAN 

M.  ROBERTS 

....  The  merit  of  its  establishment  is  not  due  to  any  one  man, 
nor  even  to  any  one  hundred  men.  It  is  due  to  a  great  number  of 
citizens  who,  during  a  period  of  more  than  forty  years  contributed 
their  efforts  for  it — each  one  of  them  at  the  time  acting  according  to 
the  opportunity  afforded  him 

.  .  .  .  After  my  nomination  for  the  office  of  Governor  of 
Texas  in  1878,  I  devoted  my  especial  attention  to  the  operations 
of  the  government,  including  the  subject  of  education,  and  became 
impressed  with  the  importance  of  the  further  improvement  of  the 
common  free  schools,  which  had  commenced  during  Governor 
Coke's  administration  after  the  adoption  of  the  Constitution  of 
1875,  and  also  of  the  propriety  of  making  an  effort  to  establish 
a  University  in  this  State,  to  furnish  Texas  youths  of  both  sexes 
the  opportunity  of  a  higher  education  within  the  State  instead  of 
their  being  drummed  up,  as  had  been  long  the  case,  by  agents  for 
high  schools  in  other  States.  Learning  that  there  was  a  conven- 
tion of  teachers  in  session  at  Waco,  I  addressed  a  letter  to  Dr. 
Rufus  ,C.  Burleson,  requesting  that  a  committee  of  eminent  teach- 
ers should  be  appointed  to  visit  Austin  during  the  session  of  the  Leg- 
islature in  1879,  to  aid  the  government  by  their  advice  and  influ- 
ence in  educational  affairs.  I  was  afterwards  informed  that  such  a 
committee  had  been  appointed. 


The  commitee  of  learned  educators,  composed  of  W.  C.  Crane, 
W.  C.  Rote,  Milton  Cooper,  R.  C.  Burleson,  T.  L.  Norwood,  and 
Oscar  H.  Cooper,  joined  by  Dr.  B.  Sears,  general  agent  of  the  Pea- 
body  fund,  met  in  Austin  and  presented  a  memorial  relating  to 
the  free  public  schools  and  a  normal  school,  which,  with  a  message, 
was  presented  by  me  to  the  Legislature  on  the  10th  of  February,  1879. 

Their  recommendations  were  adopted  in  the  amendment  of  the 
school  law  in  several  particulars,  and  in  the  establishment  of  the 
Sam  Houston  Normal  School;  but  they  failed  to  make  any  recom- 
mendation about  a  university,  because^  as  I  learned,  then,  there 
was  a  difference  of  opinion  about  the  plan  of  its  organization. 


742  University  of  Texas  Bulletin 

Notwithstanding  the  failure  at  that  time  to  induce  any  legisla- 
tion on  the  University,  what  was  done  gave  promise  that  the  effort 
in  its  favor  would  be  continued,  which  induced  public  discussion 
as  to  its  propriety  and  practicability.  It  was  meritorious,  as  it 
tended  to  keep  before  the  public  the  necessity  of  a  higher  educa- 
tion than  that  obtained  in  the  common  schools.  These  schools  had 
especially  engaged  the  attention  of  the  State  government  ^ever 
since  the  convention  of  1845,  in  which  ten  per  cent  of  the  annual 
revenue  had  been  set  apart  for  their  support;  and  there  had  been 
an  increased  devotion  to  their  interests  subsequent  to  the  war  be- 
tween the  States,  leaving  the  higher  education  to  the  private  acad- 
emies and  denominational  schools  in  the  State. 

In  the  month  of  June,  1880,  one  of  the  first,  if  not  the  very  first, 
generally  attended  Texas  State  Teachers'  Associations,  was  as- 
sembled at  Mexia.  I  visited  that  place  for  a  single  purpose,  which 
was  to  solicit  the  aid  of  the  members  of  that  association  in  the  es- 
tablishment of  the  University.  In  my  address  to  that  body,  I 
pointed  out  the  necessity  of  it,  and  suggested  that  if  the  educators 
and  learned  men,  there  assembled  from  all  parts  of  the  State, 
would  agitate  the  subject,  and  use  their  influence,  this  would 
greatly  aid  in  its  accomplishment;  and  that,  though  the  funds  de- 
voted to  it  were  not  sufficient  to  at  once  establish  it  on  a  large 
scale,  still  it  was  important  that  it  should  be  brought  into  exist- 
ence, for  the  reason  that  until  this  was  done  it  would  not  be  known 
what  such  an  institution  required  for  its  successful  operation.  I 
requested  them  to  appoint  a  committee  of  the  members  of  their 
body  to  meet  in  Austin  during  the  session  of  the  Legislature  in 
January,  1881,  to  give  their  help  to  the  movement  that  would  then 
be  made  for  it.  The  subject  was  discussed  most  favorably  by  the 
members  of  the  Association,  and  the  committee  was  appointed,  and 
met  at  Austin  as  I  had  requested. 

The  question  may  be  asked,  why  should  this  attempt  to  establish 
a  university  have"  been  made  at  that  time,  when  the  means  for 
doing  it  were  very  limited  in  amount,  and  the  Constitution  of  the 
State  required  that  it  should  be  "of  the  first  class?"  It  is  import- 
ant, even  now  as  well  as  then,  for  it  to  be  properly  understood 
what  the  members  of  the  convention  meant  by  the  expression, 
"The  Legislature  shall,  as  soon  as  practicable,  establish,  organize 
and  provide  for  the  maintenance,  support  and  direction  of  a  uni- 
versity of  the  first  class."  What  sort  of  a  school  did  they  have  in 
mind  when  they  designated  it  as  "university,"  at  the  time  that 
word  was  used  by  them?  It  can  not  be  reasonably  supposed  that 
they  meant  that  when  it  was  established  it  should  be  such  a  school 
as  that  which  is  known  to  the  highest  order  of  professional  educa- 
tors in  this  country,  and  to  them  alone,  as  a  university  proper,  as 


A  Source  Book  of  the  University  of  Texas  743 

distinguished  from  a  college — such  as  Johns  Hopkins,  and  some 
others  in  the  north,  and  those  in  Europe,  which  may  be  termed  fin- 
ishing schools,  in  which  a  man,  already  possessed  of  a  collegiate 
education,  can  be  admited  to  increase  or  perfect  his  education  upon 
some  one  or  mere  special  subjects.  Persons  using  language  even 
in  forming  constitutions  and  laws  are  supposed  to  use  terms  in  the 
sense  usually  conveyed  by  them  in  the  country  wherein  they  are 
used.  In  the  time  of  the  Republic,  a  school  established  at  San 
Augustine,  Texas,  was  usually  spoken  of  as  the  University.  The 
same  may  be  said  of  other  schools  in  early  times  in  Texas.  The 
denominational  schools  at  Waco,  Georgetown,  and  Tehuacana, 
erected  long  before  the  Convention  of  1875,  are  each  styled  "uni- 
versity." The  large  granite  school  house,  lately  erected  and  used 
at  Marble  Falls,  Texas,  is  called  the  University.  None  of  these 
schools  are  devoted  to  mere  specialties.  The  so-called  universities 
of  Alabama,  Georgia  and  other  Southern  States,  including  even 
that  of  "Virginia,  are  not  merely  finishing  schools  for  education  on 
special  subjects  but  for  the  higher  courses  of  education  generally. 
It  is  certain,  therefore,  that,  by  the  use  of  the  term  university  was 
meant  a  high  school  of  learning,  and  not  technically  a  university, 
as   understood   in   Europe   and   elsewhere. 

Such  institutions  have  usually  large  endowments,  and  numer- 
ous teachers,  and  are  located  where  there  are  numerous  schools 
of  an  academic  and  collegiate  order  to  fit  students  to  enter  them. 
When  would  it  have  been  practicable  for  Texas  to  put  up  and  main- 
tain such  a  school?  Perhaps  in  fifty  years.  Nor  could  it  have  been 
expected  to  be  first-class  in  that  sense  when  first  put  up  by  the 
State,  but  to  be  made  first-class  as  means  could  be  furnished  it  in 
its  growth  through  years  to  come.  Nor  was  it  designed  ever  to 
become  only  a  specialty  school  of  the  first-class,  or  of  any  such 
class  whatever,  and  if  it"  should  even  assume  that  shape,  it  will  be 
a  perversion  of  its  fund,  never  contemplated  by  the  people  of  Texas 
who  donated  it. 

Under  these  views,  I  concluded  that  the  time  had  arrived  to  start 
the  institution,  and  hoped  that  what  had  been  done  at  Mexia  would 
give  notice  generally  of  the  movement,  and  incite  the  friends  of 
education  throughout  the  State  to  action  in  its  favor.  That  it  had 
such  effect  was  afterwards  evidenced  by  the  prompt  action  upon  it 
by  both  houses  of  the  Legislature  in  the  session  of  18  81. 

The  Committee  of  Educators  appointed  at  my  request  at  Mexia,  met 
at  Austin,  and  prepared  a  memorial  and  presented  it  to  me.  [See 
Proceedings   in  the   Legislature,   17th   Legislature,   Reg.   Session]. 

Here  we  have  exhibited  the  interest  of  these  citizens  in  the 
cause  of  the  University,  that  induced  them,   at  their  own  expense, 


7  44  University  of  Texas  Bulletin 

it  in ;  without  compensation,  to  come  to  Austin  and  present  the  out- 
line of  a  plan  for  its  organization,  for  which  they  deserve  great 
credit  as  active  participants  in  its  establishment.  If  the  act  estab- 
lishing the  University,  approved  30th  March,  1881  (General  Laws, 
chapter  75,  page  79),  should  be  examined  in  connection  with  this 
memorial  of  the  committee,  it  will  be  found  that  the  general  tenor 
of  the  memorial,  and  a  number  of  its  propositions,  were  incorpor- 
ated substantially  in  that  law. 

There  are  three  distinguished  gentlemen  still  living,  each  of 
whom  claims  the  honor  of  having  drawn  up  the  bill  for  the  estab- 
lishment of  the  University.  They  are  the  chairman  of  the  teach- 
ers' committee,  Oscar  H.  Cooper,  Senator  A.  W.  Terrell,  and  Rep- 
resentative, Hutcheson  of  Houston.  Both  of  the  latter  were  mem- 
bers of  the  Legislature  in  1881.  I  have  no  doubt  that  all  of  them 
acted  their  part  well  in  their  zeal  for  the  University.  Unfortu- 
nately, the  books  and  papers  in  the  office  of  the  Secretary  of  State 
furnish  but  imperfect  information  about  the  passage  of  that  bill 
through  the  Legislature.  Amongst  the  papers  there  are  two  bills 
— a  Senate  bill  and  a  House  bill — both  in  the  same  handwriting, 
apparently  engrossed  bills.  They  are  duplicates,  with  a  slight  varia- 
tion in  the  seventh  and  twenty-third  sections.  The  eighth  section 
of  both  provides  for  a  president  of  the  University,  as  recommended 
in  the  memorial.  The  twelfth  section  in  both  provides  for  the  ad- 
mission of  students,  without  designating  the  sex,  and  a  slip  of 
paper  contains  an  amendment  by  Senator  Gooch  providing  for  fe- 
male as  well  as  male  students.  The  Senate  bill  appears  to  have 
been  introduced  on  the  first  of  February,  and  the  House  committee 
bill  on  the  seventh  of  February. 

I  have  thus  collected  all  of  the  proceedings  of  the  Legislature  to 
be  found  in  the  office  of  the  Secretary  of  State  in  regard  to  the  pas- 
sage of  the  bill  in  1881.  Though  they  may  be  somewhat  tedious 
In  the  perusal,  they  will  show  that  nothing  to  be  found  there  will 
indicate  with  any  certainty  who  drew  up  the  bill,  and  what  persons 
exerted  most  influence  in  its  passage.  As  I  never  attended  the 
sessions  of  the  Legislature,  I  can  only  give  what  I  knew  and  was 
informed  of  at  the  time.  The  chairman  of  the  teachers'  commit- 
tee, Oscar  H.  Cooper,  after  the  memorial  had  been  sent  to  both 
houses  of  the  Legislature,  came  to  me  with  one  of  the  committee 
(O.  N.  Hollings worth),  and  presented  to  me  a  bill  drawn  up  by 
him,  which  I  looked  at,  and  then  supposed  to  be  substantially  in 
accordance  with  the  provisions  of  the  memorial;  and  I  understood 
that  he  was  to  give  it  to  Senator  Buchanan,  chairman  of  the  Com- 
mittee on  Educational  Affairs  in  the  Senate,   to   be  introduced   by 


A  Source  Book  of  the  Vmversity  of  Texas    ,  745 

him.  He  stayed  in  Austin  about  a  week,  and  before  leaving  told 
me  that  he  had  talked  about  it  to  a  number  of  the  members  of 
both  houses,  that  it  had  been  favorably  started,  and  that  he  was 
satisfied   that  it   would   pass  successfully   through    the    Legislature. 

The  prompt  action  taken  in  the  Senate,  as  soon  as  the  teachers' 
memorial  was  received,  the  course  followed  by  the  chairman  of 
the  Committee  on  Educational  Affairs,  in  introducing  the  bill  on  the 
fourth  day  afterwards,  the  favorable  report  thereon,  and  the  fre- 
quent appearance  of  the  chairman  of  the  committee  afterwards  in 
the  management  of  the  bill,  exhibit  the  fact  that  his  committee, 
composed  as  it  was  of  a  number  of  educated  gentlemen  of  public 
prominence,  were  in  cordial  co-operation  n  ther  efforts  to  have 
the  university  established. 

As  to  Judge  A.  W.  Terrell's  part  in  it,  I  well  recollect  that  I  and 
other  friends  of  the  bill  depended  much  upon  his  advocacy  and 
influence  in  carrying  it  through  the  senate,  and  I  know  that  he 
continued  for  years  afterward  to  exhibit,  by  speech  and  action,  a 
lively  interest  in  the  University,  and  was  regarded  as  one  of  its 
leading  promoters  and  friends. 

I  very  much  regret  that  the  House  Journal  could  not  be  found, 
so  as  to  exhibit  the  meritorious  action  of  the  representatives  in 
1881  upon  the  bill.  Some  account  is  given  of  the  House  proceed- 
ings in  .1.  J.  Lane's  History  of  the  University,  pages  197-199,  which 
may  be  referred  to. 

As  to  the  part  taken  in  it  by  Representative  Hutcheson  of  Hous- 
ton, I  can  say  that  I  regarded  him  as  one  of  the  most  active  and 
efficient  adherents  of  my  administration  generally  in  the  House  of 
Representatives,  which  I  gratefully  appreciated.  I  recollect  dis- 
tinctly that  it  was  reported  at  the  time  that  he  objected  to  that 
part  of  the  bill  which  provided  for  a  president,  and  that  it  was 
upon  his  motion  that  it  was  stricken  out  of  the  bill.  It  was  said 
that  the  reason  he  did  it,  was  that  he  had  been  a  student  of  the 
Virginia  University,  that  has  a  chairman  of  the  faculty,  but  not 
a  president.  It  is  reported  in  J.  J.  Lane's  History  of  the  University, 
page  203,  that  Mr.  Carl[e]ton,  the  member  of  the  House  from  Austin, 
made  an  earnest  appeal  for  the  University. 

The  fact  Is  that,  according  to  my  recollection,  there  was  no 
active  or  stubborn  opposition  to  the  establishment  of  the  University 
from  any  quarter  in  the  Legislature  of  1881,  that  the  only  differ- 
ence manifested  was  as  to  a  few  of  the  provisions  of  the  bill  as  it 
was  at  first  introduced,  which  caused  amendments  to  be  offered, 
and  a  few  of  them  to  be  passed,  in  perfecting  the  bill,  and  that 
when  thus  perfected   it  passed   without  any  material  opposition. 


746  University  of  Texas  Bulletin 

t 
But  I  do  recollect  that  Austin  was  nominated  for  the  entire  Uni- 
versity, and  Galveston  only  for  the  medical  department.  During 
the  canvass  of  the  location  I  was  personally  placed  under  what 
might  be  considered  a  serious  embarrassment  by  the  nomination 
of  Tyler,  which  was  the  place  of  my  home,  that  I  had  prepared  as 
a  residence  for  the  balance  of  my  life,  surrounded  by  many  much 
valued  friends,  and  situated  in  a  section  of  the  State  where  I  had 
lived  for  forty  years.  I  believed  that  the  capital  of  the  State  was 
the  proper  place  for  the  University  entire,  except  the  Agricultural 
and  Mechanical  College,  already  established,  and  the  branch  for 
colored  youths  not  then  located,  and  had  repeatedly  so  declared 
officially  and  otherwise.  It  would  have  been  unworthy  of  me,  and 
of  the  public  position  occupied  by  me,  to  have  changed  my  coursel 
either  on  account  of  my  own  pecuniary  interest,  or  of  my  feeling 
of  friendship  personally  for  my  fellow-citizens  in  Tyler  and  through- 
out Eastern  Texas,  to  whom  I  had  long  been  under  obligations  for 
their  generous  public  support.  Therefore,  T  continued  to  support 
the  capital,  as  announced  in  my  first  inaugural,  and  yet  believe  that 
it  would  have  been  to  the  interest  of  the  State  for  the  whole  Uni- 
versity, with  the  exceptions  above  stated,  to  have  been  located  at 
Austin,  the  seat  of  government  of  Texas.  Still,  I  as  one  cheerfully 
abide  the  result  of  the  vote  of  the  people  in  that  election. 

The  votes  at  the  election  having  been  returned  to  the  office  of 
the  Secretary  of  State,  were  counted  there  in  my  presence  on  the 
17th  of  October,  1881,  and  the  result  of  the  election  determined 
by  the  Secretaryj  assisted  by  his  clerks,  which  showed  that  Austin 
was  elected  for  the  main  University,  and  Galveston  was  elected 
for  the  medical  department,  of  which  public  notice  was  given.  A 
tabular  statement  of  the  vote  was  made,  which  is  now  in  the 
office. 

Pursuant  to  the  15th  section  of  the  law  organizing  the  University 
....  proclamation  was  issued  to  convene  the  Regents  .... 
at  Austin  on  Tuesday,  the  15th  of  November,  1881:  ....  Before 
the  meeting  of  the  Board  of  Regents,  an  incident  occurred  showing 
an  interest  in  the  University  by  persons  beyond  the  limits  of  Texas. 
Colonel  George  Flourney,  having  moved  from  Texas  to  California,  in- 
formed me  by  letter  that -Judge  Hastings,  of  that  State,  an  elderly 
gentleman,  who  had  been  a  judge  of  the  Supreme  Court  in  one  of 
the  Northwestern  States,  and  afterwards  Chief  Justice  of  the  Supreme 
Court  of  California,  and  who  had  donated  one  hundred  thousand 
dollars  to  the  law  department  of  the  University  of  that  State,  desired 
to  visit  Texas  on  some  private  business,  and  had  expressed  a  wish  to 
come  to  Austin  at  the  time  that  the  Regents  should  meet,  to  give  his 
assistance  and  encouragement  in   the  organization  of  the  University 


A  Source  Book  of  the  University  of  Texas  747 

of  Texas.  I  notified  him  of  the  time,  and  gave  him  a  cordial  invita- 
tion to  be  present  according  to  his  desire.  He  came,  and  was  wel- 
comed by  the  regents,  who  had  been  previously  informed  of  the  object 
of  his  visit.  The  regents  met  at  the  day  appointed  in  the  proclama- 
tion, as  I  now  recollect,  in  a  rocm  of  the  Supreme  Court  house,  that 
stood  in  the  rear  of  the  old  capitol,  that  was  accidehtly  burned  in 
the  fall  of  1SS1,  and  there  held  their  first  session.  I  addressed  them 
a  letter  from  which  it  may  be  seen  that  some  of  the  regents  originally 
appointed  had  declined  to  accept,  and  others  had  been  appointed  by 
me  to  fill  their  places.  The  letter  had  reference  to  the  fund  of  the 
University.  [See  p.  7 21.]  As  I  had  appointed  these  regents,  I  felt  a 
delicacy  in  being  present  with  fchem  in  their  sessions,  except  upon 
their  invitation,  and,  therefore,  I  can  speak  of  their  proceedings, 
with  one  or  two  exceptions,  only  from  information  conveyed  to  me 
by  conversations  with  some  of  the  regents,  In  that  way  I  learned 
that  after  examining  my  letter  and  the  reports  submitted  to  them, 
the  smallness  of  the  funds  at  their  command  caused  them,  or  some  of 
them,  to  rather  doubt  the  propriety  of  an  immediate  effort  to  then 
commence  the  work  for  which  they  had  assembled  as  regents.  They 
met  at  night  in  a  room  in  the  hotel  to  consult  freely  upon  it,  and 
Judge  Hastings  was  present  at  their  meeting.  He  was  a  large  old 
gentleman,  whose  personal  appearance  indicated  great  force  of  char- 
acter, and  after  quietly  hearing  the  views  of  the  regents,  which  tended 
towards  immediate  action,  upon  their  invitation  he  addressed  them 
upon  the  subject,  and,  after  recounting  his  large  experience  in  such 
matters,  he  urged  them  to  commence  the  work  at  once  to  the  extent 
of  their  present  ability,  and  rely  confidently  upon  being  supported  in 
their  further  progress  by  the  people  of  the  State.  Doubtless  these 
views  but  reflected  the  sentiments  of  the  regents,  or  at  least  a  ma- 
jority of  them,  and  encouraged  them  in  their  determination  in  favor 
of  immediate  action 

A  special  session  of  the  Legislature  was  convened  on  the  6th  day  of 
April,  1882     .... 

Senator  Stubbs  introduced  a  bill  (No.  20)  to  appropriate  two 
millions  of  acres  of  land  to  the  University,  and  to  provide  for  sur- 
vey and  sale  of  same.  Senator  Swain  introduced  a  bill  (No.  22) 
to  appropriate  three  millions  of  acres  of  land  for  the  nUiversity. 
There  was  an  effort  by  several  Senators  to  have  a  bill  perfected 
recognizing  the  validity  of  the  bonds  that  had  been  reported  of 
doubtful  validity.  Upon  the  bill  for  appropriating  two  millions  of 
acres  of  land,  Senator  Terrell  made  a  forcible  speech  rebutting  the 
idea  that  the  University  would  be  only  a  rich  man's  school,  and 
urged  the  real  necessity  of  the  appropriation  to  make  the  school 
what  it  should  be.  Extracts  from  it  may  be  seen  in  J.  J.  Lane's 
History  of  the  University,  on  pages   21-3.     The  bill  passed  in  the 


748  University  of  Texas  Bulletin 

Senate,  but  failed  to  pass  in  the  House  of  Representatives.  Still 
the  effort  was  not  in  vain,  for  at  the  next  session  in  1883  one  mil- 
lions of  acres  of  land  were  appropriated  and  the  bonds  of  doubtful 
were  recognized  as  valid. 

During  the  month  of  June,  1882,  the  State  Teachers'  Association, 
held  at  Galveston,  was  attended  by  Col.  Ashbel  Smith  and  myself. 
We  both  made  addresses  to  that  body,  explaining  the  status  of  the 
University,  the  necessity  for  an  increase  of  its  funds,  and  asking 
their  good  offices  for  its  encouragement  throughout.  Many  ex- 
pressions of  good  will  for  its  successful  establishment  were  made 
in  response  to  our  efforts. 

Col.  Ashbel  Smith,  actuated  by  his  zeal  in  the  cause,  during  that 
year,  at  his  own  expense,  made  a  visit  through  the  Southern 
States  to  the  North,  to  obtain  information  in  regard  to  first-class 
educators,  who  could  probably  be  secured  as  professors  in  our 
University  when  prepared  to  receive  them.  The  result  of  his  in- 
vestigation gave  essential  aid  in  the  selection  afterwards  made 
of  professors. 

The  elevated  locality  whereon  the  main  University  stands,  em- 
bracing forty  acres  of  land,  selected  when  the  city  of  Austin  was  sur- 
veyed for  the  State  capital,  was  for  many  years  called  "College 
Hill."  Its  top  was  originally  covered  by  a  beautiful  grove  of  liveoak 
and  other  kinds  of  trees,  that  were  cut  down,  as  it  was  reported,  by 
order  of  General  Magruder,  during  the  war,  in  order  to  place  cannon 
there  to  defend  the  city  of  Austin 

In  conclusion,  it  should  be  recollected  that  this  is  not  an  at- 
tempted history  of  the  University  of  Texas,  but  only  some  account 
of  its  establishment,  by  stating  what  had  been  previously  done 
towards  it,  and  by  stating,  to  the  extent  of  a  limited  information, 
what  I  and  others  said  and  did.  In  a  democratic  Republic,  no  one 
man  can  accomplish  any  great  measure  of  government.  He  may 
start  or  revive  the  movement  for  it,  or  strongly  advocate  it,  or 
lead  in  the  steps  taken  for  it;  still,  there  must  be  a  public  opinion 
actively  demanding  it,  and  those  who  are  in  authoritative  control 
of  the  government  must  co-operate  in  its  final  consummation.  If 
all  that  each  person  did,  in  his  appropriate  sphere  of  action,  could 
be  ascertained  and  stated,  it  would  doubtleses  fill  an  ordinary-sized 
volume. 

I  happened  to  be  placed  in  a  position  in  which  it  became  my  duty 
to  direct  the  course  of  public  affairs  in  the  administration  of  the 
State  government  as  best  I  could,  and  being  strongly  impressed 
with  the  public  necessity  for  a  University,  I  simply  endeavored  to 
have  created  throughout  the  State  a  public  opinion,  pressing  for 
it,   by   enlisting  the  efforts    and    influence    of    the    teachers     and 


A  Source  Book  of  the  University  of  Texas  749 

through    them,    the   people    generally   interested    in    education,    and 
presented  the  subject  before  the  Legislature. 

SOUTHWESTERN    FIISTORICAL  QUARTERLY 

January,  1914.     Vol.  XVII,  No.  3,  pp.  298,  302-303 

ALLEN'S  REMINISCENCES  OF  TEXAS,  1838-1842 

Edited  by  Mr.  Wm.  S.  Red 

The  College.  About  the  time  the  above  mentioned  history  was 
written,  Col.  Wm.  H.  Wharton,  then  a  Senator  in  Congress,  spoke  to 
me  about  the  establishment  of  a  University  in  Texas,  and  paid  me 
the  compliment  of  proposing  that  I  should  be  put  at  the  head  of 
it.  This  was  as  near  as  I  ever  came  to  being  a  President  of  a  Uni- 
versity! In  18  40,  the  Rev.  W.  L.  McCalla  set  Galveston  all  astir  on 
the  subject  of  starting  a  great  University  in  the  Island  City.  It  was 
at  the  time  of  Dr.  Baker's  first  visit  to  Texas,  and  to  him,  in  after 
years,  Austin  College  owed  more  than  to  any  other  man.  May  the 
College  take  and  hold  root  in  its  new  location,  and  send  out  a  health- 
ful influence  all  over  the  State.     (Dec.  4th,  1878). 

Education  in  the  Republic.  (Texas  Presbyterian  IV,  No.  3,  March, 
7,  1879J  I  notice  some  writing,  in  the  Texas  Presbyterian  of  this 
week,  on  the  subject  of  Education.  I  am  scrry  to  hear  the  charge 
of  indifference  to  the  subject  by  so  large  a  portion  of  the  population. 
Let  me  give  a  reminiscence  on  the  subject. 

In  Nov.  1838,  the  Second  [Third]  Congress  of  the  Republic 
meet  in  Houston.  In  the  appointment  of  the  House  Committees,  Col. 
John  Wharton  was  first  on  the  Committee  of  Education.  A  few  days 
after  Congress  met,  he  was  laid  upon  a  sick  bed.  His  disease  proved 
fatal  in  a  few  days.  I  was  then  Chaplain  of  the  House,  and,  at  his 
request,  visited  him  several  times  during  the  earlier  stage  of  his 
sickness.  During  one  of  these  visits,  he  requested  me  to  write  a 
Report  for  the  Committee  on  Education,  of  which  he  was  the  Chair- 
man. In  compliance  with  his  request,  I  wrote  an  extended  Report, 
urging  the  importance  of  the  early  attention  of  Congress  to  make 
timely  and  ample  provision  for  education,  as  the  only  safe  ground 
of  hope  for  the  permanent  prosperity  of  the  Republic,  and  to  foster 
such  measures  as  would  raise  the  vocation  of  the  teacher  to  respec- 
tability and  honor.  After  Col.  Wharton's  death,  I  handed  the  Report 
to  the  next  member  of  the  Committee,  supposing  that,  of  course,  he 
would  be  the  chairman.  But  the  member  who  was  appointed  in  Col. 
Wharton's  place  claimed  the  Chairmanship,  took  the  paper  that  I 
had  prepared,  wrote  a  page  or  two  by  way  of  introduction,  and  had 
it  and  my  paper  read  as  being  all  his  own,  without  a  word  of  explana- 


750  I  niversity  of  Texas  Bulletin 

tion.  He  was  from  the  Red  Lands,  I  have  forgotten  his  name. 
(Ezekiel  W.  Cullen.)  I  suppose  the  Report  is  still  in  the  archives 
of  the  Republic,  in  my  hand  writing.  (An  investigation  did  not  locate 
the  manuscript.  The  body  of  the  report  is  in  Allen's  style).  If  the 
Wharton  brothers  had  lived,  I  think  the  cause  of  Education  would 
not  have  slumbered  so  long. 

P.  S. — In  a  former  reminiscence,  I  made  mention  of  Wm.  H. 
Wharton's  proposal,  during  the  Second  [Third]  Congress,  to  take 
measures  for  the  founding  of  a  University  for  the  Republic.  And 
now,  after  forty  years,  the.  fifty  or  sixty  students  of  Austin  College 
Is  rather  a  poor  showing  for  a  population  of  two  million.  Austin 
College  has  changed  its  place.  Rutersville,  the  Senior,  changed  its 
character,  and  of  Baylor,   I  am  not  advised.      (Feb.   28,  1879). 

January,  1915.     Vol.  XVIII,  No.  3,  pp.  302-303 

The  University.     Rockville,  Ind.,  Oct.  4,  1881 

Texas  Presbyterian,  VI,  No.  36.  Oct.  28,  1881).  The  University! 
Is  it  coming  at  last?  It  is  more  than  forty  years  since  Wm. 
H.  Wharton,  a  Senator  of  the  second  (?)  Congress  of  the  Re- 
public, made  mention  of  the  subject  to  me;  it  was  in  Dec, 
1839.  Congress  was  then  in  session,  and  the  Senator  thought 
it  was  time  to  be  taking  steps  to  found  a  University.  There  were, 
then,  perhaps,  a  hundred  thousand  people  in  Texas.  Dr.  Ruter, 
had,  as  he  thought,  laid  the  foundation  of  a  University  for  the 
Methodist  Church,  but  he  "died  without  the  sight."  After  nearly 
twenty  years,  I  passed  within  sight  of  a  Military  Academy,  on  the 
ground  where  the  University  was  to  have  been.  Then,  the  Baptists 
undertook  to  have  a  University  at  Independence,  with,  I  think,  but 
a  local  success.  About  1840,  Rev.  W.  L.  McCalla  came  to  Galveston 
and  set  the  Island  City  all  agog  on  the  subject  of  a  great  University; 
and  now,  after  more  than  forty  years,  it  seems  that  Galveston  would 
be  satisfied  with  the  Medical  Department  of  such  an  institution.  In 
the  meantime,  the  Presbyterians  modestly  undertook  to  found  a 
Presbyterian  College,  and  with  but  moderate  success.  The  time  was 
not  yet  for  such  enterprises,  while  the  people  of  the  nascent  state 
were  struggling  to  secure  new  homes,  and  scattered,  as  they  were, 
over  the  broad  territory.  The  Wharton  brothers,  William  and  John, 
would  have,  but  for  their  early  death,  been  foremost  in  the  cause  of 
education.  Wm.  H.  Wharton  was  a  scholarly  man,  and  John  Wharton, 
on  what  proved  to  be  his  death  bed,  requested  me  to  write  a  report 
for  him  as  chairman  of  the  Committee  on  Education.  I  wrote  as 
requested,  and  the  first  report  made  to  Congress  of  the  Republic,  I 
suppose,  could  be  found  in  my  handwriting,  except  a  page  or  two  in 
the  beginning,  in  the  archives  of  the  Republic.     (Oct.  14th,  1881). 


A  Source  Book  of  the  University  of  Texas  751 

LANE,  HISTORY  OF  THE  UNIVERSITY  OF  TEXAS,  1891 

Land   Commissioner   Walsh's   Statement,   pp.    133-133 

"The  land  legislation  of  the  State  of  Texas  so  far  as  it  affects 
the  University,  has  been  a  series  of  errors,  if  we  may  be  charitable 
enough  to  so  describe  a  succession  of  laws  which  have  stripped  the 
University  of  what  would  have  been  an   ample  endowment. 

"The  fathers  of  the  Republic  of  Texas  before  tiiey  had  fairly 
escaped  from  the  dominion  of  Mexico  granted  to  the  future  Univer- 
sity, fifty  leagues  (221,400  acres)  of  land.  These  leagues  were 
located  largely  in  Cooke,  Clay,  Grayson  and  McLennan  counties. 
Having  been  selected  at  an  early  day,  they  embraced  the  choicest 
lands  in  the  republic  and  as  the  country  settled  up,  they  were 
coveted  and  squatted  on  by  homeseekers.  The  influence  of  these 
settlers  secured  the  passage  of  several  acts  providing  for  the  sub- 
division and  sale  of  the  fifty  leagues.  They  were  cut  up  into  quar- 
ter sections  and  sold  to  actual  settlers  at  $1.50  per  acre  on  ten 
years  time  with  ten  per  cent  interest.  The  statutes  of  the  State 
from  that  date  until  the  adoption  of  the  constitution  of  187  6,  will 
show  at  each  succeeding  session,  'An  Act  for  the  relief  of  pur- 
chasers of  University  lands.' 

"The  object  and  effect  of  these  various  laws  was  to  cancel  pre- 
vious obligations  of  purchasers,  remit  due  interest  and  allow  a  re- 
purchase at  original  price.  The  result  was  to  finally  dispose  of 
these  valuable  lands  at  a  price  far  below  their  actual  value  and  to 
deprive  the  University  of  a  large  sum  due  for  interest.  In  addi- 
tion to  these  losses,  a  conflict  with  an  old  Mexican  grant  in  Mc- 
Lennan county,  caused  the  loss  of  several  thousand  acres. 

"In  1854,  the  State  provided  for  a  subsidy  of  sixteen  sections  of 
land  per  mile  for  construction  of  railroads,  to  be  located  in  alter- 
nate sections;  i.  e.,  for  each  of  the  sixteen  sections  surveyed  for 
the  railroads  a  section  adjoining  should  be  surveyed  for  the  com- 
mon schools.  It  was  further  provided  by  act  of  185  8  that  every 
tenth  section,  so  surveyed  for  education,  should  be  set  aside  for 
the  University.  Under  this  statute  the  University  was  entitled  to 
something  over  1,000  acres  of  land  for  each  mile  of  railroad  built, 
and  the  law  remained  in  force  until  repealed  by  the  constitution  of 
187  6.  At  the  date  of  this  repeal  the  railroads  had  received  grants 
for  near  1,800  miles  of  road,  and  the  University  was  then  entitled 
to  something  over  1,750,000  acres  of  land.  These  locations,  it 
must  be  remembered  were  not  grazing  lands  on  the  plains,  but 
were  situated  in  such  counties  as  Dallas,  Navarro,  Ellis,  Bell,  Har- 
ris, Williamson,  Fort  J3end,  etc.,  embracing  the  choice  agricultural 
lands    of    the    State.      The    constitutional    convention     stripped     the 


752  University  of  Texas  Bulletin 

University  of  this  magnificent  endowment,  and  substituted  therefor 
1,000,000  acres  which  when  surveyed,  could  only  be  secured  in, 
Tom  Green  and  Crockett  counties,  where  the  lands  were  all  so 
much  less,  valuable  than  in  the  other  counties.  Thus  1,750,000 
acres,  worth  then  an  average  of  $5  per  acre,  were  taken  away, 
and  1,000,000  acres  at  50  cents  was  substituted.  In  the  selection 
of  this  western  land,  it  was  discovered  that  about  25,000  acres  of 
irrigable  land,  situated  on  the  Rio  Grande,  below  El  Paso,  was 
wrongfully  claimed  by  speculators,  under  a  grant  already  satisfied, 
and  this  amount  was  embraced  in  the  land  surveyed  for  the  Uni- 
versity. If  proper  steps  had  been  taken  by  the  State,  this  land 
might  now  be  yielding  a  handsome  revenue;  biit  the  blight  which 
seems  to  rest  upon  all  University  lands,  has  settled  on  this,  and  so 
far  nothing  has  been  done  to  assert  the  right  of  the  University. 

"In  conclusion  let  us  sum  up  what  the  University  should  have 
had,  if  the  intention  of  our  early  legislators  had   been  respected: 

Fifty  leagues  at   $1.50   per   acre $       332,100 

Ten  years  interest  at   10   per  cent 332,100 

One  million  seven  hundred  and  fifty  thousand  acres  at 

$5.00    per    acre 8,750,000 

Interest   on  deferred    payments    (say   25    per  cent)  ....      2,187,500 

Total     $11,601,700 

It  is  doubtful  if  the  University  will  realize  10  per  cent  of  this 
amount  from  land  donations.  Twelve  million  dollars  will  probably 
not  more  than  cover  a  close  estimate." 

[Comment,  by  Lane.] 

Captain  Walsh  further  states  that  he  called  the  attention  of  Gen- 
eral Darnell  and  other  prominent  members  of  the  convention  of 
1875  to  the  fact  that  the  million  of  acres,  proposed  to  be  substituted 
to  the  University,  for  the  railroad  alternate  lands,  would  not  be 
an  equivalent,  by  a  rate  of  five  to  one,  either  in  quantity  or  qual- 
ity, for  the  original  grant,  but  the  convention  seemed  determined 
to  make  the  substitution  in  the  interest  of  the  free  public  schools. 
General  Darnell,  in  fact,  suggested  to  him  that  a  "million  acres  of 
land  was  enough  for  any  kid  glove  institution." 

Letter  of  Comptroller  Wm.  J.  Swain  to  Hon.  Ashbel  Smith,  President 

of  the  Board  of  Regents,  September  15,  1883,  pp.  270-272 

"I  have  the  honor  to  acknowledge  receipt  of  your  communication 
requesting  that  the  board  of  regents  be  informed  what  the  ruling  of 
this  department  is  in  reference  to  the  disposition  to  be  made  of  the 
interest  arising  from  the  notes  held  by  the  University  fund  given  for 
the  purchase  of  University  lands. 


A  Soura   Hook  of  lh(   University  of  Texas  753 

'"]  beg  to  say  in  reply  that  after  an  examination  of  the  laws  bear- 
ing on  this  subject  1  consider  the  interest  on  the  land  notes  held 
by  the  University  fund  as  property,  a  part  of  the  available  Uni- 
versity fund,  and  as  such  is  included  in  the  appropriation  made  in 
section  18  of  'an  act  to  establish  the  University,'  approved  March  3, 
1881. 

"On  examining  the  records  of  this  department,  I  find  that  Hon. 
S.  H.  Darden,  former  comptroller,  in  his  report  to  the  Governor  for 
the  year  ending  August  31,  1880,  took  this  view  of  the  subject.  On 
March  30  following  .Mr.  Darden's  report,  the  act,  'establishing  the 
University  of  Texas,'  was  passed,  which  act  in  section  18  declares: 
'The  salaries  and  expenses  of  the  University  shall  never  exceed  tbe 
interest  on  land  notes  is  not  a  fixed  sum,  as  the  interest  on  these  notes 
the  purchase  of  land  being  a  part  of  the  land  sales  fund,  the  interest 
on  the  notes  would  be  included  in  the  amount  permitted  by  the 
statute  above  quoted  to  be  expended  for  the  salaries  and  expenses 
of    the    University. 

"Under  this  view  of  the  question  the  available  University  fund  on 
September  1,   1883,  was  as  follows: 

Funds  on  hand  in  cash $    61,315.86 

Funds  on   hand  in   bonds,   subject   to   be   converted 

into    cash : 8,308.3  7 

Interest    on    land    notes    which    properly    belong    to 

available  University   fund 86,950.94 

Total  available  for  September  1,  18S3 $156,575.17 

"The  permanent  University  fund,  September,  1883,  was  as  fol- 
lows: 

Five  per  cent  bonds $    69,091.65 

Six  per  cent  bonds 17  5,500.00 

Seven  per  cent  bonds 114,0  0  0.00 

Total   bonds $358,591.65 

Cash  on  hand  September  1,  1883 ....  $253,823.52 
Less   amount  interest   on   land   notes 

due  the  available  University  fund.  .       86,950.94      $166,872.58 


Total  permanent  University  fund,  September  1, 

1883 $525,464.1':: 

"The  permanent  fund  now  yields  an  annual  increase  to  the  avail- 
able fund  as  follows: 

Interest  on  bonds $    21,964.58 

Interest  on  land  notes,  former  years,  say 7,000.00 

Total $    28,964.58 


754  University  of  Texas  Bulletin 

"To  the  above  should  be  added  interest  derived  from  investment 
of  the  $169,872.58  cash  oji  hand. 

"It  will  be  borne  in  mind  that  the  amount  to  be  derived  from 
interest  on  land  notes  is  not  a  fixed  sum,  as  the  interest  on  these  nctes 
is  being  annually  diminished  by  partial  payment  of  the  principal." 

Issue  as  to  Regents'  Term  of  Office;  pp.  287-288 

At  the  beginning  of  the  session  of  the  Twenty-first  Legislature, - 
Governor  Ross,  in  violation  of  the  precedent  which  had  been  fol- 
lowed for  the  past  nine  years  by  all  his  predecessors,  and  in  face 
of  the  statutes  on  the  subject  requiring  appointment  of  but  two  of 
the  University  regents  at  each  successive  term  of  the  Legislature, 
sent  in  appointments  for  an  entire  board  of  eight  members  for  con- 
firmation by  the  Senate,  thus  officially  asserting,  as  far  as  his  action 
would  go,  that  the  terms  of  the  members  of  the  board  had  expired, 
but  for  what  purpose  unless  to  change  the  precedent  does  not  ap- 
pear, as  he  made  no  change  in  the  existing  membership  of  the 
board.  In  the  minds  of  the  friends  of  the  University,  however,  his 
action  threatened  a  grave  crisis  in  its  history,  as  had  he  succeeded 
in  the  effort  it  would  have  changed  the  precedent  and  served  to 
place  the  board  of  regents  in  the  hands  of  every  incoming  Govenor 
for  appointment  or  dismissal  and  thereby  have  made  the  board  a 
mere  political  office.  The  Senate  fully  appreciating  the  danger 
likely  to  result  from  the  Governor's  action,  respectfully  returned 
the  appointments,  stating  that  in  their  judgment  there  were  but  two 
vacancies  in  the  board.  It  was  not  till  near  the  close  of  the  ses- 
sion that  the  Governor  sent  in  the  names  of  two  appointees  to  fill 
the  vacancies,  which  were  duly  confirmed,  and  thus  what  was  con- 
sidered a  prospectively  dangerous  blow  at  the  University  was  averted. 
One  of  the  evils  apprehended  was  that  on  account  of  the  uncertain 
tenure  of  partisan  boards  and  consequent  uncertainty  of  any  fac- 
ulty being  retained,  the  professors  would  feel  too  insecure  to  risk 
the  chances  of  retention  and  would  resign  for  better  assured  posi- 
tions. It  might  naturally  be  expected  also  that  the  University 
would  be  liable  to  rather  frequent  political  changes  in  its  general 
management,  and  it  is  believed  that  but  for  the  fact  of  the  regents 
having  one  of  their  members,  Senator  Simkins,  to  represent  the 
University  in  the  Legislature  and  explain  its  interests  in  the  mat- 
ter, the  result  might  have  been  otherwise.  The  incident  too  is  re- 
garded as  an  illustration  of  the  propriety  of  removing  such  institu- 
tions from  political   control   of  their  practical  operations. 

As  to  Governor  Ross,  it  is  due  him  to  state  that  he  claims  that 
his  intentions  have  always  been  friendly  to  the  institution.  As  to 
Governor  Hogg,  his  expressions  since  his  election  as  State  execu- 
tive have  been  decidedly  friendly  and  the  new  Legislature  is  also 
believed  to  be  kindly  disposed  to  the  University. 

[S.  J.,  Twenty-first  Legislature,  p.  66,  gives  the  nomination  of  8 
Regents.] 

[S.  J.,   Twenty-first  Legislature,  p.   70,  gives  their  confirmation.] 


A  Source  Book  of  the  University  of  Texas  755 

THE   ALCALDE 

J.  C.  Hutcheson,  Vol.  1,  p.   74. 

At  the  time  the  law  organizing  and  establishing  the  University  of 
Texas  was  passed,  Mr.  J.  C.  Hutcheson,  of  Houston,  was  a  member 
of  the  House  of  Representatives.  Recently  he  was  asked  to  tell  how 
the  passage  of  the  bill  was  brought  about.     He  writes,  as  follows: 

"Without  any  preliminary  statement,  I  will  simply  give  you  the 
facts  which  attended  the  passage  of  the  bill  by  the  Seventeenth  Leg- 
islature and  initiating  pur  University. 

"The  establishment  of  the  University  came  up  before  the  Com- 
mittee on  Education,  of  which  Hon.  George  Todd,  of  Jefferson,  Texas, 
was  chairman,  and  I  the  second  member  of  the  committee.  In  view 
of  the  engagements  of  the  chairman  of  the  committee,  George  Todd, 
in  other  branches  of  legislation,  the  subject  of  the  establishment  of 
the  University  was  left  to  a  sub-committee,  of  which  I  was  chairman. 

"The  Senate  made  a  similar  provision  in  regard  to  the  bill  and 
appointed  a  sub-committee,  of  which  my  recollection  is  Senator  John 
Buchanan,  of  Anderson  county  (I  think),  was  chairman;  and  the 
two  sub-committees  were  entrusted  with  the  formulation  of  a  bill. 
On  the  meeting  of  the  two  sub-committees,  I  was  selected  as  chair- 
man, and  Mr.  Buchanan  and  myself  were  entrusted  with  the  fram- 
ing of  the  bill. 

"Being  very  Intimately  acquainted  with  Professor  O.  H.  Cooper, 
who  at  one  time  was  superintendent  of  the  Houston  schools,  and 
knowing  his  thorough  acquaintance  with  the  subject  matter,  Mr. 
Buchanan  and  myself  availed  ourselves  of  his  very  valuable  informa- 
tion, and  the  result  of  our  work  in  that  regard  was  a  bill  formulated 
and  introduced  into  the  Lower  House  of  the  Legislature  by  me,  I 
reporting  the  same  for  the  Educational  Committee.  This  bill,  to 
my  amazement,  met  with  opposition  from  quite  a  number  of  the 
members  of  the  Legislature,  some  of  them  prominent  and  influential 
men,  and  I  was  given  in  charge  the  engineering  and  passage  of  the 
bill  through  the  House,  and  together  with  the  co-operation  of  other 
friends,  the  same  was  successfully  passed  and  sent  to  the  Senate,  and 
with  but  few,  if  any,  modifications  was  passed  by  that  body.  My 
recollection,  none  at  all. 

"I  should  say,  however,  that  during  the  progress  of  the  formation 
of  the  bill,  quite  a  controversy  arose  over  two  questions;  one  was 
whether  there  should  be  a  president  of  the  University,  against  which 
I  contended,  and  the  other  was  for  the  co-education  of  male  and 
female,  to  which  I  was  seriously  opposed,  but  was  finally  overcome 
in  this   regard  and   influenced   to  yield   my  prejudices,   and   mainly 


756  University  of  Texas  Bulletin 

through  the  instrumentality  and  influence  of  our  deceased  and 
illustrious  fellow  citizen,  Alexander  W.  Terrell,  who  was  then  a 
member  of  the  Senate  from  Travis  county.  Indeed,  we  finally  com- 
promised by  a  unanimous  agreement  to  dispense  with  the  president 
in  accordance  with  my  contention,  and  incorporating  co-education 
according  to  the  contentions  of  Senator  Terrell. 

"Later  on,  the  Legislature  of  the  State  made  a  change  in  regard 
to  the  question  of  a  president,  and  a  bill  was  passed  providing  there- 
for, showing  that  my  views  on  the  subject  did  not  meet  with  the 
approbation  of  subsequent  sentiment  of  succeeding  legislators;  but 
I  must  ascribe  my  prejudice  perhaps  to  having  been  imbibed  by  my 
being  a  graduate  of  the  University  of  Virginia,  which,  up  to  that 
time,  had  not  a  president,  and  which  has  likewise  fundamentally 
changed  in  that  regard.  I  have  understood  that  Senator  Terrell,  at 
his  death,  had  quite  an  extensive  compendium  of  a  great  many  sub- 
jects, and  I  have  no  doubt  you  will  find  among  his  papers  further 
light  upon  this  matter  than  I  have  herein  given  that  may  be  of  in- 
terest to  you. 

"I  will  add  that  Governor  O.  M.  Roberts  brought  to  bear  on  the 
Legislature  his  entire  influence  and  gave  us  his  entire  co-operation 
in  regard  to  the  passage  of  the  bill,  and  the  inauguration  of  our 
splendid  institution,  and  as  those  gentlemen  who  opposed  th-e  bill 
are  most  of  them  in  their  graves,  I  do  not  deem  it  proper  to  give 
their  names  in  this  memorandum,  as  it  could  not  properly  serve  any 
good  purpose  so  to  do.  I  respectfully  refer  you  to  Honorable  Geo. 
Todd,  of  Jefferson,  Texas,  perhaps  now  of  Marshall,  Texas,  for  any 
further  information  which  may  be  desired  upon  the  subject.  I  am 
sure  you  will  find  in  Governor  Roberts'  History  of  Texas,  a  reference 
to  the  University  bill,  though  I  do  not  recall  whether  this  is  so  or 
not  and  am  now  too  busy  to  look  the  matter  up. 

"I  may  add  that  I  am  very  proud  of  our  institution,  and  patronized 
it  by  sending  two  of  my  boys,  who  graduated  there  with  some  dis- 
tinction to  themselves  and  gratification  to  me." 


A  Source  fiook  of  the  Vmversity  of  Texas  757 


LETTER  OF  DR.  OSCAR  H.  COOPER 

November  15,  1891;   Letter  of  Governor  O.  M.  Roberts  to  Professor 

Oscar  H.  Cooper 

I  wish  to  prepare  to  have  published,  for  preservation  in  the 
University,  a  full  account  of  the  efforts  of  persons,  (including  your- 
self) who  actively  participated  in  the  establishment  of  that  insti- 
tution at  Austin  during  my  administration  as  governor. 

With  that  view  I  wish  you  to  state  all  that  you  know  and  did 
in  the  matter 

I  know  that  you  were  the  most  active  person  in  this  whole  matter, 
and  I  desire  to  make  no  statement  on  this  matter  from  my  memory. 
Please  address  your  letter  to  me  so  shaped  as  that  you  would  be 
willing  for  me  to  insert  a  copy  of  it  in  my  publication. 

I  am  going  to  write  to  Judge  Terrill  and  to  Mr.  Hutchinson  of 
Houston  to  make  statements  to  me  about  this  matter,  as  they  both 
claim  to  have  had  a  leading  part  in  framing  and  passing  the  bill 
for  organizing  the  University. 

November  19,   1891;   Letter  of  Professor  O.  H.  Cooper  to  Governor 
Governor  O.  M.  Roberts 

Your  letter  of  the  15th  Inst,  was  received  yesterday  and  its  con- 
tents carefully  noted.  I  shall  endeavor  to  give  you  a  faithful  but 
necessarily  brief  account  of  all  that  I  know  and  did  in  the  matter 
of  the  organization  of  the  University  of  Texas  during  your  admin- 
istration as  Governor  of  the  State. 

This  matter  was  the  chief  subject  of  my  thoughts  during  two 
years,  from  sometime  in  January  1879  to  the  latter  part  of  1881. 

It  was  in  January  1879  that  I  first  became  aware  of  the  extent 
of  the  present  and  prospective  endowment  of  the  University.  A 
meeting  of  the  representative  teachers  had  been  called  to  meet  at 
Austin  by  the  Rev.  Dr.  Burleson.  In  his  note  of  invitation  to  me. 
Dr.  Burleson  stated  that  the  meeting  was  called  by  him  at  you 
request,  so  that  as  Governor,  you  might  have  the  advice  and  coun- 
sel of  workers  in  education  in  reference  to  the  education  policy  to 
be  pursued.  I  was  then  the  President  of  Henderson  College  in 
the  eastern  part  of  the  State.  I  was  made  secretary  of  the  Asso- 
ciation, and  also  participated  in  most  of  the  discussions.  The  <  - 
tablishment  of  a  Normal  School,  several  reforms  in  the  school  law, 
grading  of  certificates,  the  organization  of  the  University  and 
several  other  questions  of  fundamental  importance  were  discussed 
with  as  much  ability  as  I  have  seen  manifested  in  any  of  the 
numerous  educational  meetings  which   I   have  since  attended.     Dr. 


758  University  of  Texas  Bulletin 

Barnas  Sears  was  present  and  aided  much  from  the  rich  stores 
of  his  wide  knowledge  and  experience.  The  conclusions  reached  by 
the  Association  were  embodied  in  a  Memorial  to  you.  I  was  a 
member  of  the  Memorial  Committee  and  was  selected  to  present 
the  Memorial.  It  was  the  expressed  wish  of  the  Association  that 
this  Memorial  should  embody  only  those  matters  on  which  the  As- 
sociation was  unanimous.  For  this  reason,  no  mention  was  made 
of  the  University  of  Texas  in  this  Memorial.  The  Association  was 
divided  in  sentiment  as  the  best  mode  of  organizing  the  University- 
Dr.  Burleson,  Dr.  Crane,  the  Vice-Chancellor  of  Trinity  Univer- 
sity, the  President  of  the  East  Texas  University  and  several  other 
prominent  gentlemen,  who  were  interested  in  denominational  and 
local  institutions,  had  agreed  to  present  the  New  York  plan,  under 
which  the  University  fund  would  be  distributed  among  the  colleges 
and  academies  of  a  certain  standing  throughout  the  state.  I  had 
the  honor  to  lead  the  opposition  to  this  plan,  and  an  indefinite  post- 
ponement was  secured.  I  favored  the  concentration  of  the  uni- 
versity endowment  in  a  single  institution,  as  the  constitution  seemed 
to  require.  This  discussion  led  me  to  investgate  the  condition  of 
the  university  endowment,  and  this  investigation  led  me  to  the 
conclusion  that  further  delay  in  the  organization  was  unnecessary. 
My  first  conversation  with  you  on  this  subject  occurred  on  the 
day  of  the  opening  of  the  Sam  Houston  Normal  Institute  in  October, 

1879.  We  were  guests  at  the  dinner  table  of  Col.  T.  J.  Goree,  and 
I  was  seated  between  you  and  the  Hon.  Roger  Q.  Mills.  I  proposed 
the  organization  of  the  University  of  Texas.  The  matter  was  at 
once  taken  up  by  yourself  and  Col.  Mills  and  earnestly  discussed. 
In  consequence  of  the  strong  interest  manifested  by  you,  I  wrote 
to  you  a  short  time  afterwards  asking  your  opinion  in  detail  as  to 
the  availability  of  the  university  funds  and  the  mode  of  organization. 
It  was  my  intention  then  to  present  the  matter,  as  I  afterwards 
did,    to    the   next    meeting    of    the    State   Teachers'    Association    in 

1880.  Your  reply  was  clear  and  unequivocal — I  have  it  still — favor- 
ing the  organization  at  the  next  meeting  of  the  Legislature.  A 
later  letter  from  you  elaborating  some  of  the  points  mentioned 
in  the  first  letter,  I  handed  to  a  reporter  of  the  Galveston  News, 
who  published  it.  The  News  made  it  the  subject  of  editorial  com- 
ment. The  "University"  was  a  constant  subject  of  discussion  between 
my  friends,  Col.  Goree,  Col.  McKinney,  Maj.  Braham  and  myself  at 
Huntsville,  where  I  was  teaching  in  the  Normal  School.  They  were 
all  friends  of  the  movement. 

A  very  young  man,  a  novus  homo,  and  without  the  prestige  of  a 
wide  reputation,  I  felt  the  necessity  of  "making  public  opinion" 
and  set  about  it  systematically.  One  thing  counted  more  than  any- 
thing else  I  did  in  this  direction.  I  proposed  to  the  International 
Review,   published   in   New   York,   and   then   edited    by   Lodge   and 


A  Source  Book  of  the  TJmversity  of  Texas  759 

Morse,  to  furnish  them  an  article  on  the  "University  of  Texas." 
The  editors  replied  courteously  inviting  me  to  send  the  article.  I 
did  so  and  the  article  was  duly  published.  The  Review  Co.  placed 
one  hundred  copies  of  the  Review  at  my  disposal.  These  were 
sent  to  the  U.  S.  Senators  from  Texas  and  the  members  of  Con- 
gress, the  members  of  the  State  Senate  and  to  about  two  thirds 
of  the  members  of  the  House  of  Representatives  of  the  State. 
Favorable  notices  appeared  in  the  editorial  columns  of  the  New 
York  Evening  Post,  the  Galveston  News,  the  Houston  Post  and  many 
other  papers  in  the  State  which  received  copies  of  the  Review  from 
the  publishers.  I  know  something  of  the  effect  of  this  article  from 
letters  received  from  many  sources  and  persons  among  whom  I 
recall  Senators  Coke  and  Maxey,  every  Texas  Congressman  and  Col. 
Ashbel  Smith.  Senator,  afterwards  Governor,  Ross  was  so  good 
as  to  tell  me  that  this  article  was  his  guide  and  inspiration  in 
University  legislation  that  followed.  The  article  was  also  published 
in  somewhat  different  form,  in  the  Texas  Journal  of  Education. 

In  July,  18  8  0,  the  State  Teachers  Association  met  in  Mexia. 
I  went  to  this  meeting  chiefly  for  the  purpose  of  getting  a  Memorial 
Committee  appointed  on  the  organization  of  the  University.  I  had 
written  urging  you  to  attend  the  meeting,  as  doubtless  other 
teachers  had  done,  because  I  wanted  your  powerful  influence  to 
make  it  certain.  You  were  present  and  took  occasion  in  an  evening 
address  which  gave  great  pleasure  to  the  Association,  to  advocate 
in  the  strongest  terms  the  early  organization  of  the  University. 
On  the  next  day,  I  presented  the  matter  in  detail,  and  procured 
the  appointment  of  a  Memorial  Committee  to  present  to  you,  as 
Governor,  and  through  you  to  the  Legislature  a  petition  for  the  im- 
mediate organization  of  the  University  of  Texas.  I  was  appointed 
on  this  Committee  and  war  afterwards  elected  its  Chairman.  Dur- 
ing the  following  five  months  I  gave  much  attention  to  the  matter 
and  called  a  meeting  of  the  Committee  at  Austin  in  January,  1881, 
soon  after  the  opening  of  the  Legislature.  The  Committee  met, 
agreed  on  a  Memorial,  presented  it  to  a  called  meeting  of  the  As- 
sociation which  submitted  the  same  to  you.  It  was  transmitted 
by  you  in  a  special  message  to  the  Legislature  on  the  next  day,  I 
think.  I  remained  in  Austin  for  some  time  for  the  purpose  of 
rendering  such  assistance  as  my  knowledge  of  the  subject  might 
enable  me  to  give.  I  was  known  to  possess  your  confidence  and  I 
had  strong  personal  friends  in  both  Houses.  In  the  Senate,  Hon. 
R.  M.  Wynne  and  Hon.  John  C.  Buchanan  of  Wood;  in  the  House, 
Hon.  B.  M.  Baker,  Hon.  Geo.  H.  Gould  of  Henderson  and  several 
others  were  trusted  friends.  Sub-committees  on  the  University 
were  appointed  from  the  education  committees  of  both  Houses  and 
at  the  request  of  the  members  of  the  sub-committees,  Buchanan 
and  Wynne  of  the  Senate  and  Gould  of  the  House,  I  agreed  to  draw 


760  University  of  Texas  Bulletin 

up  a  bill.  Through  some  member,  I  learned  that  Col.  J.  C.  Hutchison 
[Hutcheson]  of  Harris  had  drawn  up  a  skeleton  of  a  bill  and,  while 
I  was  drawing  up  the  bill,  I  sought  Mr.  Hutchison  and  he  gave  me  his 
notes,  of  which  I  made  some  use.  I  had  asked  Col.  A.  T.  McKinney, 
sometime  before  the  Legislature  met,  to  talk  the  University  over  with 
Mr.  Hutchison  and  he  had  done  so.  In  the  preparation  of  the  bill 
I  was  aided  by  Mr.  Hollingsworth,  the  Secretary  of  the  State  Board 
of  Education.  After  I  completed  the  bill  I  invited  Senators  Wynne 
and  Buchanan,  Representatives  Gould  and  Hutchison  and  Secretary 
Hollingsworth  to  meet  in  my  room  in  the  Old  Raymond  House 
(Room  43)  to  discuss  my  work  and  agree  upon  the  final  form  of 
the  bill.  I  used,  in  the  preparation  of  the  bill,  the  statutes  pro- 
viding for  the  organization  and  government  of  the  Universities  of 
Michigan  and  Virginia,  which  were  courteously  furnished  me  by 
the  Secretary  of  State.  Mr.  Hollingsworth  following  to  some  ex- 
tent Mr.  Hutchison's  notes  dictated  the  part  of  the  bill  which  pro- 
vides for  the  election  of  the  location  of  the  University  by  popular 
vote.  In  the  meeting  called  at  my  room  in  the  Raymond  House, 
Senators  Buchanan  and  Wynne,  Representative  Hutchison,  Sec- 
retary Hollingsworth  and  some  one  else  whom  I  cannot  now  recall, 
but  not  Judge  Gould,  were  present. 

The  bill  was  carefully  gone  over,  section  by  section,  and  a  few 
changes  were  made,  none  without  my  full  concurrence.  Mr. 
Hutchison  was  at  first  unwilling  to  agree  to  the  provision  for  a 
permanent  President  elected  by  the  Board  of  Regents,  preferring 
an  annual  chairman  of  the  Faculty  elected  by  the  Faculty;  but  I 
was  insistent,  and  he  withdrew  his  objection.  Two  clauses  of  the 
bill  as  I  drew  it  originally  were  omitted  by  agreement.  One  of  these 
provided  for  a  University  corporation,  like  that  of  the  University  of 
Michigan,  and  the  other  authorized  the  Regents  to  establish  fel- 
lowships, like  those  of  Johns  Hopkins.  It  was  thought  that  these 
provisions  would  arouse  opposition.  One  provision  was  added  by 
Senator  Wynne,  that  allowing  women  to  enter  on  the  same  terms 
as  men.  This  was  stated  to  be  your  desire.  I  was  not  in  full 
sympathy  with  this  provision,  but  have  since  become  convinced 
«■'■«♦  you  and  Senator  Wynne  were  right.  All  present  agreed 
to  put  the  bill  through  in  the  form  agreed  on,  Senator  Buchanan 
expressing  a  desire  to  introduce  it  in  the  Senate  and  Representa- 
tive Hutchison  agreeing  to  introduce  it  in  the  House.  I  made  a  new 
rtraft  of  the  bill  and  gave  it  to  Senator  Buchanan  and  a  copy  was 
furnished  Mr.  Hutchison.  Mr.  Buchanan  introduced  the  bill  in  the 
Senate,  bi=t  Mr.  Hutchison  I  think,  never  introduced  it  or  any 
similar  bill  in  the  House.  [This  is  an  error.  See  H.  B.  393, 
Seventeenth  Legislature.]  .lie  bill  passed  the  Senate  without  chang?, 
I  believe,  and  remained  in  the  House  without  action  until  the  end 
of  the  session  was  approaching  when  il  was  amended  by  substitut- 


A  Source  Book  of  the  University  of  Texas  761 

ing  an  annual  chairman  of  the  Faculty  for  a  President  of  the  Uni- 
versity and  passed,  the  Senr.t>.>  concurring.  I  remained  at  Austin 
as  long  after  1  completed  the  hill  as  I  could  leave  my  classes  and 
long  enough  to  assure  myself  that  the  bill  would  meet  with  no 
serious  opposition.  During  this  time  I  talked  with  many  members 
in  both  Houses  on  the  subject  and,  so  far  as  I  can  now  recall, 
found  only  one  pronounced  opponent  of  the  passage  of  the  bill — 
Hon.  Harry  Haynes — and  his  opposition  was  based,  he  said,  on 
his  belief  that  the  action  was  premature. 

My  part  in  this  movement  has  always  been  a  source  of  satisfac- 
tion to  me.  Whether  the  work  I  did  was  essential  or  not,  I  do  not 
know,  but  it  was  honestly  believed  to  be  so  by  myself  and  those 
with  whom  my  relations  were  intimate.  Otherwise  I  should  not 
have  given  to  it  so  much  time  and  money. 

It  seems  to  me  probable  that  my  confidence  in  success,  based  as 
it  was  on  your  sympathy  and  paramount  influence  with  the  people 
and  the  Legislature,  and  my  zeal,  which  was  prompted  by  a  patrio- 
tic desire  to  see  Texas  fulfill  the  purposes  of  the  founders  of  the 
Commonwealth  in  establishing  a  seat  of  the  highest  learning,  must 
have  exerted  a  marked,  if  not  decisive  influence  on  those  who  were 
uncertain  or  indifferent.  Certain  it  is  that  I  was  the  chief  author  of 
the  bill  which  was  introduced  by  Senator  Buchanan  and  which,  with 
the  amendment  recited,  is  the  law  under  which  the  University  was 
organized  and  exists  to-day. 

I  have  written  rapidly  and  without  notes,  but  my  interest  in  the 
matter  was  so  keen  and  lasting  that  I  should  not  hesitate  to  make 
oath  to  all  that  I  state  from  my  own  knowledge. 

June  25th,  1892;  Governor  O.  M.  Roberts  to  Professor 
Oscar  H.  Cooper 

I  return  you  this  letter  with  the  request  that  you  will  give  it  a 
place  in  your  history  of  Education  in  Texas.  It  presents  your  ac- 
tion in  regard  to  the  origin  and  organization  of  the  University  of 
Texas  correctly,  to  which  I  take  pleasure  in  giving  my  endorsement. 

[Endorsement  on  the  back  of  Dr.  Cooper's  letter  to  Governor  Roberts.] 


762  University  of  Texas  Bulletin 

TEXAS  ALMANAC 

For  1858,  p.  91 

The  last  Legislature  made  an  appropriation  for  locating  and  sur- 
veying 400,000  acres  for  the  benefit  of  the  Asylums;  and  22,255 
acres,  the  balance  of  the  fifty  leagues  of  the  University  lands 

[These  University  lands  are  within  the  areas  now  called  Callahan  and 
Shackelford  counties.] 

For  1859,  p.  24 

[From  a  synopsis  of  the  laws  passed  by  the  Seventh  Legislature.] 
The  University  of  Texas  is  to  be  hereafter  located;  and  the  present 
act  appropriates  100,000  dollars  for  suitable  buildings;  and  fifty 
leagues  of  land,  heretofore  set  apart  for  two  State  universities,  are 
given  to  this,  together  with  every  tenth  section  of  the  lands  reserved 
to  the  State  from  the  donations  to  railroads  and  to  the  Galveston 
Bay  and  Brazos  Navigation  Company.  A  Board  of  Administrators, 
consisting  of  ten,  namely,  the  Governor  and  Chief  Justice  of  the 
State,  and  eight  men,  to  be  appointed  by  the  Governor  with  the 
approval  of  the  Senate,  are  to  direct  and  control  the  affairs  of  the 
Institution,  holding  their  office  for  four  years  without  compensation. 
All  the  higher  branches  are  to  be  taught;  but  nothing  of  a  sectarian 
character.  Degrees  are  to  be  conferred  by  the  Administrators,  who 
are  also  required  to  report  to  the  Legislature  at  every  session.  The 
instruction  is  to  be  free,  the  State  Treasurer  is  to  be  the  Treasurer 
of  the  University.  As  soon  as  this  institution  shall  be  located,  by 
some  future  law,  the  Administrators  are  required  to  have  suitable 
buildings  erected,  under  the  direction  of  a  competent  architect. 

For  1860,  1861,  1863,  1863,  1864,  1865,  1867,  1868,  1869 

[Only  references  are  in  the  financial  summaries  of  the  reports  of 
the  State  Treasurer  and  Comptroller.] 

For  1870,  p.  85.      (By  Rev.  H.  S.  Thrall) 

One  hundred  thousand  dollars  in  United  States  bonds  and  one 
hundred  and  twenty-five  [50]  leagues  of  land  have  been  set  apart 
for  a  university  fund.  Our  system  of  common  and  graded  schools 
ought  to  be  well  under  way  before  we  commence  university  educa- 
tion. The  fund,  however,  ought  to  be  sacredly  guarded  so  that  by 
the  time  we  shall  need  it  it  will  be  ample  for  the  establishment  and 
maintenance  of  a  first  class  university. 


A  Source  Book  of  the  University  of  Texas  763 

For  1873,  p.  154 

In  183  9,  the  Congress  of  the  Republic  directed  the  President  of 
Texas  to  have  fifty  leagues  of  land  set  apart  for  the  University  of 
Texas.  This  land  was  located  in  different  counties.  We  will  give 
some  of  the  principal  tracts,  leaving  off  fractions:  Cooke  county, 
23,000  acres;  Collin,  2,000;  Fannin,  35,000;  Grayson,  80,000;  Hunt, 
8,000;  McLennan,  42,000;  Shackelford,  22,000;  and  some  small 
tracts  in  other  counties,  making  a  total  of  810,000  [?]  acres.  Some, 
though  a  comparatively  small  portion  of  this  land,  has  been  sold. 

In  1856  [?]  our  Legislature  set  aside  $100,000  in  United  States 
bonds  for  the  University,  and  one-tenth  of  the  reserved  railroad  lands 
for  the  same  purpose.  The  other  nine-tenths,  reserved  sections  of 
railroad  lands,  went  to  the  common  school  fund. 

The  University  fund  with  its  accumulated  interest  amounted  in 
1860,  to  nearly  $500,000.  Mr.  Wheelock,  in  his  reports  as  Super- 
intendent of  Education  in  1868,  says  that  during  the  war  $379,168 
of  the  University  fund  was  expended  for  other  purposes,  leaving  in 
the  Treasury  but  $134,172  in  State  warrants. 

There  was  at  one  time  before  the  Legislature  a  proposition  to 
establish  two  State  Universities,  one  west  and  the  other  east  of  the 
Trinity  river.  We  hope  this  will  never  be  revived.  The  facilities 
for  traveling  are  so  great  that  one  will  answer  all  necessary  pur- 
poses. Let  there  be:  1.  One  high  grade  school;  do  not  compel  the 
professors  to  teach  elementary  branches  at  all.  Admit  only  scholars 
pursuing  advanced  studies  and  seeking  high  mental  culture.  2.  Let 
it  have  complete  furniture,  library,  apparatus,  etc.  3.  A  rich  pecu- 
niary endowment.  4.  Be  plentifully  supplied  with  brains — brains 
in  men  of  high  mental  and  moral  culture. 

One  good,  well  endowed,  well  patronized  University  of  Texas,  will 
unify  our  great  State  and  give  a  homogeniety  to  our  population.  We 
need  be  in  no  hurry,  however,  about  locating  it.  It  may  yet  be 
found  advisable  to  put  it  on  some  of  our  University  lands. 

If  Texas  should  be  divided,  the  youth  of  all  the  States  formed 
from  our  present  territory  should  have  equal  privileges  in  our  Uni- 
versity. 

For  1904,  pp.   174,   177-179. 

For  1910,  pp.  31-:{2 

For  1912,  pp.  123-120 

For  1914,  pp.  111-112 

[Each  of  the  above  references  contains  a  short  description  of  thy 
University,  written  ordinarily  by  some  member  of  its  staff.] 


764  University  of  Texas  Bulletin 


MISCELLANEOUS 

Address  to  the  People  of  Texas  [By  Governor  J.  W.  Throckmorton, 

Concerning  His  Administration  After  His  Removal 

From  Office,  August  8,  1807,  by 

Federal  Authority] 

Iiaue,  pp.  37-38;  Weekly  State  Gazette,  Aug.  10,  1807;  Dallas  Herald, 
Sept.  7,  1807;  Published  as  a  Pamphlet,  1873 

As  required  by  a  joint  resolution  of  the  last  legislature  a  board 
of  administrators  of  the  University  of  Texas  was  appointed.  The 
board  met  and  organized  February  15,  1867.  After  considering  the 
various  questions  connected  with  their  duties,  it  was  concluded  not 
to  make  a  selection  of  a  site  for  a  University,  but  to  examine  locali- 
ties where  donations  were  offered,  and  points  which  presented  favor- 
able considerations.  The  Legislature  set  aside  twenty-five  of  the 
fifty  leagues  of  University  lands  for  the  endowment  of  the  East 
Texas  University,  and  appointed  a  board  of  administrators  to  select 
a  site  for  the  same.     I  am  not  advised  of  any  action  of  this  board. 

Under  an  act  of  November  13,  1866,  M.  W.  Allen  was  appointed 
an  agent  to  select  and  sell  portions  of  the  University  lands  and  to 
superintend  the  correction  of  conflicting  surveys,  etc.  Selections 
have  been  made  in  Grayson  county  and  sales  took  place  August  1, 
1867.  Another  selection  in  Fannin  county  is  to  be  sold  the  first 
Monday  in  September  next.  I  presume  other  selections  have  been 
made,  but  not  yet  reported.  Mr.  Allen  has  personally  inspected  the 
lands  and  selected  those  most  likely  to  bring  fair  prices. 

There  remains  unpaid  on  University  lands,  heretofore  sold  by 
John  H.  Brown,  principal  and  interest  due  August  1,  1867,  $30,- 
035.53  specie.  These  lands  are,  under  the  law,  subject  to  re-sale. 
The  necessary  papers  have  been  prepared  at  the  treasury  and  in  the 
land  office,  under  the  supervision  of  Attorney  General  Walton  for 
the  purpose  of  advertising  and  selling  these  forfeited  lands.  Under 
the  direction  of  the.  Act  of  November  12,  1866,  specie  bonds  of  the 
State,  with  5  per  cent  coupons  attached,  to  the  amount  of  $134,- 
472.26,  have  been  executed  and  placed  in  the  University  fund  in  lieu 
of  this  amount,  with  interest  belonging  to  said  fund,  used  under 
direction  of  former  legislation. 

On  February  28,  last,  I  forwarded  to  Hon.  B.  H.  Epperson  the 
acts  of  the  legislature  accepting  the  land  scrip  donated  to  the 
different  States  by  congress,  for  the  endowment  of  agricultural  and 
mechanical  colleges,  with  authority  to  receive  the  same,  etc.  The 
authorities  declined  to  issue  the  scrip. 


J.  Source  Book  of  tin    Umv&rsity  of  Texas  J65 

Texas   and    Texans.      By    Frank    W.    Johnson;    Edited    and    Brought 

Down  to  Date  by  Eugene  0.  Barker,  191  I. 

Vol.  Ill,  p.  1441. 

HON.  GEORGE  PFEUFFER 

In  1880  Governor  O.  M.  Roberts  appointed  him  one  of  the  directors 
of  the  Agricultural  and  Mechanical  College  of  Bryan. 

This  was  the  beginning  of  his.  remarkable  career.  Here  he  found 
a  field  for  the  exercise  of  those  remarkable  qualities  that  distin- 
guished him;  for  when,  as  Senator  from  the  Twenty-fifth  District, 
he  was  sent  to  the  Eighteenth  [Nineteenth]  Legislature,  shortly 
afterward,  so  deeply  interested  was  he  in  the  scheme  promised  by 
the  scope  of  the  Agricultural  and  Mechanical  College  as  his  broad 
mind  pictured  it,  or  thought  it  should  be;  so  much  of  good  and  real 
usefulness  to  the  state  did  it  promise  if  properly  administered  and 
developed,  that  he  begun  at  once  to  take  steps  to  put  it  upon  solid 
foundation,  and  to  ensure  its  support  and  protection  by  the  state, 
equally  with  other  branches  of  education.  Here  was  something  like 
they  have  in  the  old  world — a  school  of  art,  a  school  to  fit  the 
youth  of  Texas  for  every-day  practical  work.  And  we  may  also  say, 
here  was  the  beginning  of  his  troubles;  for  never  was  a  man  more 
misrepresented — we  will  not  say  misunderstood — and  for  his  zeal 
he  received  from  the  press  and  a  part  of  the  people  curses  deep  and 
loud.  He  was  accused  of  being  the  enemy  of  education,  of  trying 
to  destroy  the  State  university,  and  a  thousand  other  things  equally 
absurd.  But.  he  was  brave  and  courageous,  and  though  his  generous 
heart  was  stung  and  bruised  by  these  great  injustices,  he  never 
despaired;  he  had  the  courage  of  his  conviction  that  he  was  right  to 
sustain  him,  and  he  trusted  to  results;  to  the  future  to  justify  and 
approve;  trusted  to  the  intelligence  and  better  sense  of  the  people 
after  the  cloud  of  misrepresentation  should  have  been  swept  away 
by  the  sunshine  of  truth. 

The  state  has  provided  most  munificently  for  her  schools.  It  was 
thought  this  newly  inaugurated  school  and  branch  of  the  Univer- 
sity— a  most  important  step — should  be  entitled  to  a  portion  of  the 
school  fund,  and  accordingly  Senator  Pfeuffer,  among  his  earliest 
acts  in  the  Eighteenth  [Nineteenth]  Legislature,  introduced  a  bill 
for  that  purpose.  True,  the  bill  called  for  a  reduction  of  the  sala- 
ries of  some  of  the  University  professors,  and  this,  it  seems.,  was 
the  "head  and  front  of  his  offending."  Senator  Pfeuffer  ln;ld  that 
the  standard  of  education  required  of  matriculants  was  so  low,  and 
the  curriculum  of  the  University  such,  the  professors  of  worldwide 
reputations,  who  required  four  and  five  thousand  dollars  salary, 
were  not  necessary,  and  that  professors  fully  qualified  to  hold  those 


766  University  of  Texas  Bulletin 

chairs  could  be  found  for  half  the  sum.  Such  a  storm  of  indigna- 
tion was  raised  in  consequence  of  this  advocacy — a  tempest  in  a  tea- 
pot— that  the  students,  doubtless  agitated  by  the  professors,  threat- 
ened to  hang  him  in  effigy,  and  did  actually  hold  an  indignation 
meeting.     .     .     . 

Six  Decades  in  Texas,  By  F.  R.  Lubbock,  1900,  p.  622 

The  bill  providing  for  the  establishment  of  the  University  of 
Texas  was  introduced  by  Senator  John  C.  Buchanan  of  Wood,  chair- 
man of  the  committee  on  education,  and,  with  some  unimportant 
modifications,  became  a  law.  And  I  understand  that  Senator 
Buchanan's  bill  was  in  substance  the  bill  prepared  by  Dr.  Cooper 
and  submitted  to  the  Senator  for  consideration.  The  chief  advocates 
of  the  measure  in  the  Senate  were  Lieutenant-Governor  Storey,  John 
C.  Buchanan,  A.  W.  Terrell,  R.  M.  Wynne,  Jno.  Y.  Gooch,  and  J.  B. 
Stubbs. 


A  Source  Book  of  the  Umversity  of  Texas  767 


A  BIBLIOGRAPHY  OF  ADDITIONAL  MATERIAL  RELAT- 
ING TO  THE  HISTORY  OF  THE  UNIVERSITY 
OF  TEXAS 

I.     LIST  OF  SERIAL  PUBLICATIONS 

A.     OFFICIAL  PUBLICATIONS 

A  I.      BULLETINS  OF  THE  UNIVERSITY  OF  TEXAS 

For  a  nearly  complete  bibliographical  list  of  these  bulletins  through 
1914,  see  Bulletin  379,  entitled  "Publications  of  the  University  of 
Texas,  1882-1914,  list  of  Bulletins  with  index  and  index  to  the  Uni- 
versity of  Texas  Record."     130  pages.     December  25,  1914. 

The  bulletins  published  before  April,  1901,  described  as  Prenum- 
bered  Bulletins,  are  listed  in  time  order  and  numbered  [1]  to  [170]. 
The  subsequent  numbered  bulletins  are  arranged  according  to  postal 
numbers  running  from   1    to   379,    1901  to    1914. 

The  bulletins  published  in  1915,  1916,  1917,  are  numbered  from  1501 
to  1571,  1601  to  1672,  1701  to  1772,  respectively.  Each  year  one  of 
these  bulletins  contains  a  bibliography  of  the  bulletins  of  the  previous 
year. 

A.  REPORTS  OF  THE  BOARD  OF  REGENTS 

These  reports,  mostly  biennial,  usually  contain  in  increasing  volum.3 
and  detail  from  the  beginning  onward  the  following  tables:  (1) 
itemized  receipts,  (2)  minutely  itemized  expenditures,  (3)  university 
lands  sold  and  leased,  (4)  number  cf  students  by  departments,  classes, 
and  sex,  (5)  number  of  degrees  conferred,  (6)  home  counties  of  Texas 
students,  (7)  residence  of  non-Texas  students,  (8)  nativity  of  students, 
(9)  modes  of  admission,  (10)  church  affiliations  and  preferences  of 
students,  (11)  occupations  of  parents,  (12)  self-supporting  students, 
(13)  list  of  affiliated  schools,  (14)  more  or  less  itemized  list  of  amounts 
needed  from  the  Legislature  to  maintain  efficiency,  (15)  itemized  list 
of  needed  additions  to  staff  and  equipment,  (17)  comparisons  with 
other  universities. 

Discipline,  the  honor  system,  and  student  self-government  are  com- 
mented upon;  the  various  student  activities  are  outlined,  especial 
reference  being  made  to  the  health,  religious  life  and  behavior  of  the 
students.  Boarding  houses,  athletics,  and  various  other  topics  are 
touched  upon.     Usually  a  tax  to  support  the  University  is  urged. 

The  older  reports  contain  many  extracts  from  the  Constitution  and 
Laws,  much  historical  matter,  arguments  in  support  of  maintenance 
appropriations    from    the    general    revenue,    pleas    that    the    university 


768  I  Diversity  of  Texas  Bulletin 

lands  be  controlled  by  the  Regents,  statements  of  debts  due  the  Uni- 
versity by'the  State.  The  later  reports  contain  more  systematic  sta- 
tistical   exhibits   and   more   remarks   about   services   rendered. 

[1].  Result  of  Vote  for  Location;  Proclamation  Convening  Board 
of  Regents;  Governor's  Letter  to  Board  of  Regents;  Reports  of  Comp- 
troller, shiic  Treasurer,  and  Commissioner  of  General  Land  Office, 
of  Board  of  Regents;  Report  of  the  Proceedings  of  the  University 
Board   of   Regents   to   the   Governor.     16   pages.     1882. 

For  Main  University;  Austin,  30,913  votes;  Tyler,  18,974;  Waco, 
9,799;  Thorp  Springs,  3,217;  Lampasas,  2,829;  scattering,  930.  For 
Medical  Department:  Galveston,  29,741;  Houston,  2,586;  scattering. 
1,344;  Exhibits  the  condition  of  the  lands  and  of  the  permanent  and 
available  funds;  lands  sold  187,571  acres;  unsold,  32,335  plus  1,000,- 
000;  land  notes,  $155,000;  Gives  brief  history  of  permanent  fund  and 
places  the  available  fund  balance  at  $185,234.88;  plans  made  for 
building  West  Wing  for  academic,  2  law  and  medical  professors. 

[2].     Report  of  Board   of  Regents.     12   pages,   January  8,  1883. 

Seven  professors  selected;  payment  of  $134,472.26  with  interest  re- 
quested; asks  to  be  allowed  to  sell  or  lease  1,000,000  western  acres; 
asks  legislature  to  endow  with  money  in  lieu  of  land  taken  by  Con- 
stitution of  1876,  various  laws  quoted. 

[5].     Report  of  the  Board  of  Regents.     11  pp.     January  1,  1884. 

Delay  occurs  in  furnishing  building;  Temporary  Capitol  occupied 
during  Fall  of  1S83;  proctor  appointed;  many  needs  listed;  lands 
should  be  leased,  not  sold;    second  1,000,000  acres  should  be  located. 

[18].  Report  of  the  Regents  of  the  University  to  the  Board  of  Ed- 
ucation.    10   pp.     With  appendix,   viii  pp. 

Needs  listed,  including  Library  and  Laboratory  and  Museum  build- 
ings; alumni  in  Faculty  expected  soon;  Medical  Department  deferred; 
Lady  Assistant  appointed;  students  are  poorly  prepared;  cost  of  board 
too  high. 

[15].  Report  of  the  Regents  of  the  University  to  the  Senate  and 
House   of  Representatives.     21  pp.     December   18,   1884. 

Separate  Laboratory,  Library  and  Museum  needed;  campus  work 
brought  into  relief  the  strong  grandeur  of  the  building;  Faculty  in- 
creased; high  schools  greatly  needed;  students  come  from  remote  sec- 
tions; graduate  work  begun  in  Philosophy;  conduct  cf  students  better 
second  year;  new  courses  needed;  lands  should  be  controlled  by  re- 
gents. 


A  Source  Book  of  the  University  of  Texas  769 

[30].    Report  of  the  Board  of  Regents  oj   tin    I  diversity  of  Texas. 
70    pp.     Containing    also     Faculty     Report,     1885-1886    and 
Supplement.     Dec.  1885. 
Courses    in    Zoology,    Botany,    Physiology,    and    Astronomy    much, 
needed;   State  geologist  recommended;   abolition  of  Christmas  holidays 
desired;    courses   particularly   for   women   recommended;    women   take 
fewer  courses  than  men;    "conditioned"  sub-freshman   classes  are  nec- 
essary in  mathematics,  Greek  and  Latin;    mess  clubs  endorsed;   $5000 
wanted  for  Physics;   affiliation  system  begun. 

[45].  Third  Biennial  Report  of  the  Regents  <■'  the  University  of 
Texan.     53    pp.     December   3,   1888. 

Permanent  endowment  exhibited;  adjustment  urged  of  Grayson, 
McLennan,  and  San  Elizario  lands;  "navigation"  lands  claimed;  ask 
that  lands  be  turned  over  to  Regents;  asks  that  land  rentals  be  reduced 
and  terms  of  leases  lengthened;  needs  of  University  listed;  site  of 
Medical  Department  in  Galveston  discussed;  urges  that  A.  and  M.  be 
supported  more  from  the  general  revenue,  less  from  the  University 
available  fund;  comparisons  made  with  other  State  Universities;  urges 
that  old  claims  of  University  against  State  amounting  with  interest 
to  $431,1S8.87  be  paid;  appropriation  from  general  revenue  asked; 
loan  of  $200,000  asked;  many  internal  university  statistics  given;  in- 
cluding itemized  disbursements  and  statements  from  comptroller, 
treasurer,  and  land  commissioner;  Judge  Gould's  argument  for  con- 
stitutionality  of  appropriation    from    general    revenue   printed   in    full. 

[60].  Fourth  Biennial  Report  of  the  Regents  of  the  University  of 
Texas.      56    pp.      December   8,    1890. 

Less  money  for  A.  &  M.  from  University  fund  advised;  Bracken- 
ridge  Hall  furnished;  Medical  Department  inaugurated;  Chemical 
laboratory  urged;  prohibition  of  appropriations  from  general  revenue 
for  buildings  lamented;  maintenance  appropriation  asked  as  absolutely 
necessary;  needs  of  the  University  in  comparison  with  other  universi- 
ties; Judge  Gould's  opinion  again  printed;  Senator  Maxey's  supporting 
opinion    printed;    Medical    Building  architect's  report  printed. 

[72].  Fifth  Biennial  Report  of  the  Regents  of  the  University  of 
Texas.     93    pp.     December    23,    L892. 

Usual  statistics  given,  including  religious  preference  of  students 
and  occupations  of  parents;  observatory  needed;  women's  building 
needed;  botanical  garden  needed;  appropriations  from  last  Legisla- 
ture listed;  continued  maintenance  from  general  revenue  urged;  more 
professors  and  books  needed;  a  marine  biological  station  urged:  spe- 
cial appropriations  for  chemistry  and  engineering  asked;  legislation 
requested  to  validate  School  of  Pedagogy  diplomas,  to  invest  bonds,  to 
endow  with  half  the  remaining  public  lands. 


i  ii- 


77(>  University  of  Texas  Bulletin 

[102].  Sixth  Biennial  Report  of  the  Regents'  of  the  University  of 
Texas.      74    pp.      December,    1894. 

Conditions  and  resources  of  the  Main  and  Medical  Departments  ex- 
hibited; professors  of  astronomy,  botany,  and  architecture  needed; 
library,  gymnasium,  and  women's  building  needed;  more  boohs  and 
equipment  for  electrical  engineering  needed;  appropriations,  control 
of  lands,  mid  a  one-tenth  mill  tax  asked;  legislation  making  the  State 
Superintendent  a  regent  and  allowing  a  president  asked;  legislation 
asked  regulating  the  practice  of  medicine,  allowing  unclaimed  cada- 
vers to  be  sent  to  the  Medical  Department,  allowing  scientific  vivi- 
section; appointment  of  a  board  of  visitors  requested;  a  24  page 
land  report  of  R.  L.  Batts  including  recommended  changes  in  the  land 
laws. 

[117].     Seventh    Biennial  Report  of   the  Regents  of   the   University 

of    Texas,    containing    Faculty    Report.    1896-97.     47     pp. 

February,    1.897. 

First  president  elected;   wants  gymnasium,  library,  cisterns,   School 

of   Pedagogy,    dormitories,   librarian,   professor   of   hygiene,   additional 

medical  buildings;    modified  cadaver  law;    modified  vivisection  law. 

[129].     Eighth  Bienniel  Report  of  the  Regents  of  the  University  of 

Texas,    68    pp.     February,    1899. 
No   special  features. 

[152].  Ninth  Biennial  Report  of  the  Regents  of  the  University  of 
of  Texas.     146  pp.     December,  1900. 

Special  Texas  work  in  History,  Botany,  and  Zoology  described; 
needs  wider  and  more  various  vocational  training;  importance  of 
training  teachers  and  of  the  summer  schools;  effect  of  the  Galveston 
storm  on  the  Medical  Department;  animal  husbandry  discussed  in 
relation  to  the  Medical  Department. 

17.  Tenth  Biennial  Report  of  the  Board  of  Regents.  165  pp.  Oc- 
tober, 1902. 

58.  Eleventh  Biennial  Report  of  the  Board  of  Regents.  November, 
1905,   248  pp.     Official  Series,  April,  1905. 

84.  Twelfth  Biennial  Report  of  the  Board  of  Regents,  199  pp.  Offi- 
cial Series,  18.     December  1,  1906. 

114.  Thirteenth  Biennial  Beirut  of  the  Board  of  Regents.  1908,  174 
pp.     Official    Series,    31,    November    15,    1908. 

258.  (bis)  Fifteenth  Biennial  Report  of  the  Board  of  Regents.  1910- 
11,  1911-12.  With  appendix  206  pp.  Official  Series  80  (bis),  December 
8,  1912. 

377.  Sixteenth  Biennial  Report  of  the  Board  of  Regents.  1912-14. 
Without   appendix      75  pp.     Official   Series  112.     December  15,  1914. 

1916:  22.  Appendix  to  the  Sixteenth  Biennial  Report  of  the  Board 
of   Regents,   1912-14.     207  pp.     April   15,  1916. 


A  Source  Book  of  the  University  of  Texas  771 

1916:  60.  Seventeenth  Biennial  Report  of  tin  Board  of  Regents 
of  the   University  of  Texas,   19.14-16.     272   pp.     October   25,   19r"6. 

B.     FACULTY  REPORTS. 

Annual.  1883-S4  to  1902-03;  report  for  1885-1886  is  printed  in  the 
Report  of  the  Regents  for  1884-1886;  report  for  1S86-S7  is  printed  in  the 
Sixth  Biennial  Report  of  the  Superintendent  of  Public  Instruction; 
report  for  1902-1903  printed  in  abbreviated  form  in  the  University- 
Record  for  August,  1903,  pp.  172-194;  the  report  for  1898-1899  is  printed 
in  full  in  the  August,  1899,  Record,  pp.  256-315.  Since  1902-03,  the 
reports  have  not  been  printed. 

These  reports  are  <Jevoted  in  large  part  to  the  detailed  work,  needs 
and  progress  of  the  whoic  University  and  of  the  various  Departments, 
Schools,  and  other  subdivisions  of  rhe  University.  The  registration, 
courses,  and  work  by  subjects  is  often  given  in  great  detail;  not  so 
often  the  articles  written  by  the  members  of  the  various  staffs  are 
listed.  Statistics  and  information  are  also  usually  given  relating 
to  withdrawals,  affiliated  schools,  deaths,  health,  athletics,  admission 
requirements,  changing  of  courses,  growth  in  equipment,  library,  res- 
ignations, promotions,  requirements  for  degrees,  general  work  and 
conduct  of  the  students,  fees,  fellowships  held  by  Texas  students  at 
home  and  abroad,  campus,  boarding  houses,  public  lectures,  donations, 
etc. 

Before  1895,  these  reports  contain  the  Faculty  budget,  recommenda- 
tions to  the  Regents,  and  frequent  discussions  of  the  endowment  and 
income. 

[14.]     Faculty   Report.    1888-1884,   16  pp.     1884. 

[16.]  Annual  Report  of  the  Faculty  and  of  the  Finance  Committet 
of  the  Board  of  Regents,  1884-1885.     34  pp.     1885. 

Faculty  Report,  1886-87.  In  Sixth  Biennial  Report  of  the  State 
Superintendent  of  Public  Instruction,  pp.   U'."i-143. 

[30.]  Report  of  the  Board  of  Regents  of  the  University  of  Texas, 
containing  Faculty  Report,  1885-1886  with  supplement.  70  pp.  Decem- 
ber, 1886. 

[41.]     Faculty    Report,    1887-1888,   30  pp.   L888. 

[49.]     Faculty  Report,   1888-1889,    27   pp.    L889. 

[56.]     Faculty  Report,   1889-1890.     27   pp.     1890. 

[67.]     Faculty  Report.   1890-1891.     32    pp.     L891. 

[76.]     Faculty  Report.    1891-1892.     33    pp.     1892. 

[84.]     Faculty  Report.   1892-1898.     6  pp.     1S93. 

[97.]     Faculty  Report.   1898-1894-     8   pp.      1894. 
[106.]     Faculty  Report.    1894-1895.     24   pp.     1896. 
[115.]     Faculty  Report.   1895-1896.     37    pp.     1896. 
[117.]     Seventh    Biennial  Report  of  the  Regents  of  the   University 
of  Texas,  containing  Faculty   Report,   1896-189T.     17   pp.     Feb.   1S97. 


77'J  University  of  Texas  Bulletin 

[127.]     'Annual  Report  of  the  President  and  Faculty  of  the  University 
of  Texas,  1897-1898.     67  pp.     1898. 

[135.]     The  University  of  Texas  Record,  Vol.  1,  No.  3,  containing  Re- 
port of  the  President  and  Faculty,  1898-1899. 

[148.]     Annual  Report  of  the  President  and  Faculty,  1899-1900.     101 
pp.     1900. 

6.     Annual   Report   of   President    and   Faculties   1900-1901.     97    pp. 
1901. 

14.     Annual  Report  of  the  President  and  Faculties,  1901-1902.     105 
pp.  1902. 

[170].     Annual  Report  of  the  President  and  Faculties.     University 
Record,  August,  1903,  pp.  172-194. 

y 

C.  CATALOGUES. 

The  Medical   Department  part  of  the  Catalogue  has  been  regularly, 
the  Law  and  Engineering  parts  occasionally  reprinted  separately. 

[4].    Preliminary  Announcement  of  the  University  of  Texas  at  Aus- 
tin, Texas.     First  Session,  1883-188-'t.     24  pp.     1883. 
[6].     Catalogue  for  1883-1884.     (Without   Addresses),   35  pp.     1184. 
[7].     Catalogue  for  1883-188.$.    With  appendix  containing: 
Extract  from  the  Constitution  of  1876. 
Proclamation   Convening   the.  University  Board  of  Regents. 
Governor's  Letter  to  University  Board  of  Regents  upon  its  As- 
sembling. 
Report  of  Proceedings  of  University  Board  of  Regents  to  the 

Governor. 
Addresses    on   the   Laying    of   the    Corner   Stone,   by    Colonel 
Ashbel  Smith,  Governor  O.  M.  Roberts,  Attorney  General  J. 
H.   McLeary. 
Addresses    at    the    Inaugural    Exercises,    by    Colonel    Ashbel 
Smith,   Professor   J.    W.    Mallett,    Governor    John   Ireland. 
83   pp. 
[17].     Catalogue  for  1884-1885,   containing  also   Legislative   History. 

56  pages.     1885. 
[18].     Catalogue  for  1884-1885.     42  pp.     With  supplement,  9  pp.  1885. 
[19].     Supplement    to     Catalogue    for    18S.'r1885.     11   pp.     June    18, 

1885. 
[20].     Supplement  to  Catalogue  of  1884-1885.     12  pp.     June  18,  1885. 
[29].     Catalogue   for  1SS5-1886.     91   pp.     Containing   also: 

Annual   Report   of   the    Finance    Committee   of  the  Board  o) 

Regents. 
Address  by  Colonel  Ashbel  Smith  on  the  Laying  of  the  Corner 
Stone,     1886. 


A  Source  Book  of  the  University  of  Texas  773 

[31].     Catalogue  for  1886-1887,  containing  also: 

'Address  by  Colonel  Ashbel  Smith  on  the  Laying  of  the  Corner 

Stone. 
From  the  Eulogy  on  the  Life  and  Character  of  Ashbel  Smith, 

by  Dr.  A.  G.  Clopton. 
Financial   Resources   of   the    University,    117   pp.      18S7. 
[38].     Catalogue  for  1SS7-1S8S.  containing  also  Financial  Resources 

of  ihe  University.     107  pp.     1888. 
[48].     Catalogue  for  1S88-18S9.     119  pp.     18S9. 
[55].     Catalogue  for  1889-1890.     112  pp.     1890. 
[63].     Catalogue  for  1890-91.     128   pp.     1891. 
[73].     Catalogue   for   1891-1892.     169    pp.     1892. 
[80].     Catalogue  for  1892-1893.     161  pp.     1893. 
[92].     Catalogue  for  1893-189.',.     220   pp.     1S94. 
[103].     Catalogue  for  18941895.     256  pp.     1895. 
[111].     Catalogue  for  1895-1896.     264  pp.     1S96. 
[US].     Catalogue  for  1896-1397.     266  pp.     1897. 
[123].     Catalogue  for  1897-1898.    287  pp.    1898. 
[132].     Catalogue  for  1898-1899.     27.",  pp.     1899. 
[145].     Catalogue  for  1899-1900.     313  pp.     1900. 
3.     Catalogue   of  the    University   of    Texas  for  1900-1901.     369   pp. 
June  1,   1901. 
12.     Catalogue   of   the   University   of   Texas,   for  1901-1902.   342   pp., 

April  1,   1902. 
20.     Catalogue   of    the    University   of   Texas   for   1902-1903.     364    pp. 

June   1,   1903. 
31.     Catalogue   of   the    University   of   Texas  for  1908-1904-     407   pp. 

June   1,  1904. 
54.     Catalogue   of  the   University   of   Texas   for    1904-1905.     445   pp. 

June  1,   1905. 
73.     Catalogue   of    the    University   of    Texas   for   1905-1906.     423   pp. 

April   1,   1906. 
88.     Catalogue   of   the    University   of   Texas   for  1906-1901.     443   pp. 
February  1,  1907. 
103.     Catalogue   of   the   University   of   Texas  for  1907-1908.     443   pp. 

February  15,  1908. 
117.     Catalogue   of   the   University   of   Texas  for    1908-1909.     472   pp. 

February  1,   1909. 
140.     Catalogue   of  the   University   of   Texas  for  1909-1910.     444   pp. 

February  1,  1910. 
172.     Catalogue  of  the  University  of  Texas  for  1910-1911.     482  pp. 

February    22,    1911. 
218.     Catalogue    of    the    University    o  for    1911-1912.     520   pp. 

February  8,  1912. 


77-4  University  of  Texas  Bulletin. 

266.     Catalogue    of    the    University   of    Texas   for    t912-191S.     544    pp. 

February    8,    1913. 
312.     Catalogue   of    the    University   of  Texas  for  1918-1914.     595   pp. 

January   20,    l'.H  I. 
1915:     5.     Catalogue  of  the  University  of  Texas  for  1914-1915.     633  pp. 

January  20,  1915. 
1916:     13.     Catalogue  of  the  University  of  Texas  for  191571916.     497  pp. 

March  1,  1916. 
L723.     Catalogue  of  the  University  of  Texas  for  1916-11,  pp.  547,  April 

20,  1917. 
1825.     Catalogue  of  the  University  of  Texas  and  of  the  State  School 

of  Mines  and  Metallurgy,  J 917-18.     460  pp.     May  1,  1918. 

D.     SUMMER    SCHOOL  CATALOGUES. 

[109.]     University  Summer  School.     1  p.     January  28,  1896. 
[110.]     Summer  School.     4  pp.     June.  1896. 
[122.]     University  Summer  School. 
State  School  of  Methods. 

University  Summer  Normal.     48  pp.     Feb.  15,  1898. 
[131.]      University  Summer  School. 
State  School  of  Methods. 

University   Summer  Normal.     8   pp.     May  1,   1899. 

[143.]     Third   Annual    Session    of   the    University   of    Texas    Summer 

School   and   the   University  Summer  Normal.     28   pp.     1900. 

[157.]     Fourth    Annual   Session  of   the    University   of  Texas  Summer 

School    and    the    University   Summer   Normal.     3    pp.     1901. 

[159.]     Fourth  Annual  Session  of  the  University  Summer  Schools.     31 

pp.     June,  1901. 

10.     Fifth  Annual  Session  of  the  University  Summer  Schools.    "Vol. 

1.     30   pp.     1902. 
19.     Sixth  Annual  Session  of  the  University  Slimmer  Schools.     32 

pp.   1903. 
29.     Seventh    Annual   Session    of   the    University   Summer   Schools. 

36   pp.     April   1,   1904. 
52.     Eighth  Annual  Session  of  the  University  Summer  Scliools.     40 

pp.     February    1,    1905. 
71.     Ninth  Annual  Session  of  the  University  Summer  Schools.     62 

pp.     March   1     1906. 
86.     Tenth  Annual  Sessi07i  of  the  University  Summer  Schools.     66 
pp.     January  1,  1907. 
100.     Eleventh  Annual  Session  of  the  University  Summer  Schools. 

68  pp.     January  1,  1908. 
116.     Tuelfth   Aiuiual   Session  of  the   University  Summer   Schools. 
79  pp.     January  15,  1909. 


A  Source  Book  of  tJi<   University  of  Texas  t  <•"> 

139.     Thirteenth  'Annual  Session  of  the  University  Bummer  Schools, 

85  pp.     January   15,   1910. 

168.    Fourteenth  Annual  Session  of  the  University  Summer  Schools. 

77   pp.     January   22,    1911. 
214.    Fifteenth   Annual  Session  of  the  University  Summer  Schools. 

95  pp.     January  S,  1912. 
268.     Sixteenth  Annual  Session   of  th<    University  Summer  Schools. 

102  pp.     February  22,  1913. 
309.     Seventeenth   Annual  Session  of  the  University  Summer  Schools. 
Ill  pp.     January  5,  1914. 
1915:   14.    Nineteenth    'Annual    Session    of    the    University    Summer 

Schools.     95  pp.     February  5,  1915. 
1916:  14.     Nineteenth    Annual    Session    of     the     University    summer 

Schools.     103  pp.     March  5,  1916. 
1714.     Twentieth  Annual  Session  of  the   University  Summer  Schools. 

86  pp.     March  '5,  1917. 

1808.     Twenty-first  Annual  Session  of  the  University  Summei    School. 

93  pp.     February  5,  1918. 
1806  is  a  brief  preliminary  announcement  of  the  Twenty-first  Session. 

E.  THE  UNIVERSITY  OF  TEXAS  RECORD. 

[128.1  Vol.  1,  No.  1.     1-80  pp.     December,  1898. 

[130.]  Vol.  1,  No.  2.     81-190  pp.     April,  1899. 

[135.]  Vol.  1,  No.  3.     191-315  pp.     Containing  Report  of  the  President 

and  Faculty  for  1898-1899.     256-315  pp.     August,  1899. 

[136.]  Vol.  1,  No.  4.     316-399  pp.     October,  1899. 

[139.]  Vol.  2,  No.  1.     1-100  pp.     January,  1900. 

[149.]  Vol.  2,  No.  2.     101-209  pp.     June,  1900. 

[150.]  Vol.  2,  No.  3.     210-325  pp.     August,  1900. 

[153.]  Vol.  2,  No.  4.     326-452  pp.     December,  1900. 

[156.1  Vol.  3,  No.  1.     1-96  pp.     March,  1901. 

[158.]  Vol.  3,  No.  2.     97-192  pp.     June,  1901. 

[162.]  Vol.  3,  No.  3.     193-305  pp.     September,  1901. 

[163.]  Vol.  3,  No.  4.     306-498  pp.     December,  1901. 

[165.]  Vol.   4,   Nos.    1    and    2.     1-200    pp.     May,    L902.     Historical   Cat- 
alogue  of    Alumni,   1884-1901. 

[166.]  Vol.  4,  No.   3.     201-414   pp.     July,   1902. 

[167.1  Vol.  4,  No.     415-519   pp.     December,  1902. 

[168.]  Vol.  5,  No.  1.     1-118  pp.     April,  1903. 

[170.]  Vol.  5,  No.  2.     119-211  pp.     August,  1903. 

25.  Vol.  5,  No.  3.     213-311  pp.     March,  1904. 

42.  Vol.  5,  No.  4.     311-387  pp.     July,  1904. 

53.  Vol.  6,  No.  1.     1-82  pp.     February,  1905. 

67.  Vol.  6,  No.  2.     83-184  pp.     August,  1905. 

70.  Vol.  6,  No.  3.     185-262  pp.     February,  1906. 


78. 

Vol. 

7,    No.    1. 

80. 

Vol. 

7,   No.    2. 

91. 

Vol. 

7,  No.  3. 

94. 

Vol. 

7,  No.  4. 

101. 

Vol. 

8,  No.  1. 

107. 

Vol. 

8,  No.  2. 

108. 

Vol. 

x.  Xo.  3. 

113. 

Vol. 

8,  No.  4. 

115. 

Vol. 

9,  No.  1. 

125. 

Vol. 

9,  No.  2. 

126. 

Vol. 

9,  No.  3. 

138. 

Vol. 

9,   No.    4. 

145. 

Vol. 

10.  No.  1. 

151. 

Vol. 

10,  No.  2. 

166. 

Vol. 

10.  No.  3. 

776  University  of  Texas  Bulletin 

77.     Vol.  6,  No.  4.     263-331  pp.     June  1,  1906. 
1-102    pp.     June    15,    1906. 
103-172   pp.     October  1,   1906. 
173-257  pp.     March  15,  1907. 
258-348  pp.     August  1,  1907. 
1-S4  pp.     January  15.  1908. 
85-175  pp.     June  1,  1908. 
176-239    pp.      September    1,    1908. 
240-366    pp.      December    1,    1908. 
120  pp.     January  1,  1909. 
:  21-206   pp.     June   1,   1909. 
207-292    pp.     July   1,    1909. 
293-391   pp.     January   1,   1910. 
1-73   pp.     April  15,  1910. 

74-176   pp.     July   15,   1910. 
177-260  pp.     January  S,   1911. 
180.     Vol.  10,  No.  4.     262-393  pp.     April   22,   1911. 
190.     Vol.  11,  No.  1.     1-160   pp.        July  8,   1911. 
216.     Vol.   11,  No.  2.      161-269    pp.      January    22,  .1912. 
■  230.     Vol.  11,  No.  3.      260-356    pp.      May    8,   1912. 
238.     Vol.  11,  No.  4.     357-490   pp.     July   8,   1912. 
271.     Vol.  11,  No.  5.     491-581   pp.     March  15.   1913. 
Succeeded  by  The  Alcalde,  an  alumni  publication. 

F.    MISCELLANEOUS   BULLETINS. 

Only  Bulletins  that  contain  material  throwing  light  on  the  history 
of   the   University  are   listed. 

[8].     The  University.     By  A.  W.  Terrell,  24  pp.     June  14,  1884. 

Tells   of  the  College  men   in   early  Texan  affairs;    gives  a 
history  of  the  University  from  1839;  reviews  the  history  and 
influence   of   universities;    also   of   education    in   general. 
[28].     An   Eulogy  on  the  Life  and  Character  of  Dr.  Ashbel  Smith. 

By  A.  G.  Clopton.     15  pp.     June  15,  1886. 
[35].     Correspondence  with  Governor  Ross,  concerning  Faculty  Re- 
Report   of  1886-1887.     5   pp.     Nov.   8,   1887. 
Additional     professors,    a     special     land    agent     and     more 
prompt    collections    of    interest,    on    land    notes    urged;     suit 
should  be  entered  for  the  McLennan  County  lands. 
[37].     Correspondence    concerning    the    Claims     of    the     University 
upon  the  State  of  Texas.     19  pp.     March  28,  1888. 
Asks  restoration  (a)    of  money  spent  on  Prairie  View  Nor- 
mal, $14,495.73  plus  $8214.26  interest;    (b)  of  unrestored  trans- 
fers to   revenue   of  $11,289.02  plus  $24,540.48  interest;    (c)    of 
'$12,230.39  in  10  per  cent  warrants  plus  $28,028  interest;    (d) 


A  Source  Book  of  the  University  of  Texas  111 

of  amount  transferred  by  Comptroller,  May,  1S63,  $40,000 
plus  $78,880.98  interest;  (e)  of  amount  turned  over  to  con- 
federate depository  $74,804.48  plus  $138,687.53  interest.  Total, 
$431,188.85. 
[47].  The  University  of  Texas.  Commencement  address,  by  S.  B. 
Maxey.     18   pp.     June   19,   18S9. 

Gives  a  brief  account  of  the  history  of  the  University;    of 
the  educational  needs  of  the  age;   and  argues  for  the  consti- 
tutionality  of    legislative    appropriations. 
Rules  and  Regulations  for  the  Conduct  of  Business  by  Board  of  Regents. 
Adopted  August  25,  1891.     Not  a  prenumbered  bulletin.     28  pp.     6  in. 
by  4. 

[68].     An  Appeal  to  the  Twenty-Second  Legislature.     8  pp.     1891. 

$260,000    needed    for    the    University;    $128,600    for    A.   and 
M. ;    details  are  given. 
87.     Regulations  for  the  Government  of  the  University  of  Texas. 
45   pp.     Jan.   15,  1907. 

Drawn  by  the  Regents;   destined  doubtless  to  evolve  into  a 
constitution. 

128.  Announcements  Relating  to  the  Work  of  the  Department  of 

Extension.      39    pp.      Aug.    1,    1909. 

129.  Religious  Activities  at  the  University  of  Texas.     53  pp.     Au- 

gust  15,   1909. 
196.     The  Experiences  of  Self -Supporting   Students   in   the   Univer- 
sity of  Texas.     55  pp.     Aug.  22,  1911. 
Contains  many   letters  from  former  students. 
227.     Almuni  Catalogue,  1884-1911,   with  Supplement.     208  pp,  sup- 
plement.    13   pp.     April   15,    1912. 
270.     By-Laws  of  the  Board  of  Regents,  and  Rules  and  Regulations 
for  the  Government  of  the   University  of  Texas.     Adopted 
Nov.   11,  1912.     42   pp.     .March   8,  1913. 
Revised    edition    of   87    pp. 
294.     Notes  on  Publications  by  the  Faculty  (April  1,  1912 — April  1, 

1913.)     47   pp.     Sept.   8,   1913. 
368.    Notes  on  Publications  by  the  Faculty  (April  1,  1913 — April  1, 
1914.)      9    pp.      Nov.    1,    191.4. 
1915:   30.    A  Constitutional  Tax  for  the  Support  of  Higher  Education 
Institutions  in  Texas.    Bibliography  and  Selected  Arguments. 
Edited  by  E.   D.  Shurter.     47  pp.     May  25,  1915. 
1915:   58.     Notes    on    Publications    by   the    Faculty.      (April    1,    1914 — 

January  1,  1915).     39  pp.     Oct.  15,  1915. 
1916:   18.     Bulletins    of    the    University    of    Texas    for   t915.     13  pp. 

March    25,    1916. 
1916:    33.     The    University    of    Texas.     (For    new    students.)     4t'.    pp 
June  10,   1916. 


778  University  of  Texas  Bulletin 

1916:  37.  A  Financial  History  of  Texas.  By  Edmund  Thornton  Muller. 
444  pp.     July  1,  1916. 

1916:  50.  Religious  Life  at  the  University  of  Texas.  47  pp.  Sept.  5, 
1916. 

1916:  59.  Invest iijation  by  the  Board  of  Regents  of  the  Univer- 
sity of  Texas  Concerning  the  Conduct  of  Certain  Members 
of   the   Faculty.     172    pp.     October   20,    1916. 

1737.  A  Brief  History  of  the  Regulation  of  Fraternities  at  the  Uni- 
versity.    52  pp. 

1801.  Notes  on  Publications  by  the  Faculty  1915-11.  S6  pp.  January 
1,  1918. 

1812.  Some  interesting  Facts  and  Figures  from  the  Records.  76  pp. 
February  25,  1918. 

G.     PRESS  OR  NEWS  BULLETINS. 

Published  more  or  less  regularly  for  use  by  the  newspapers  of 
Texas.     Consist  of  slips  printed  on  one  side  only. 

No.  1.  Whole  No.  [137],  November  1,  1899,  to  No.  53,  Whole  No. 
[352],   August  10,   1914. 

For  complete  list  see  Bulletin  379,  1914. 

Succeeded   by   Educational   Notes. 

A.     II.      OTHER  SERIALS 

A.      EDTJATIONAL    NOTES 

Succeeded  the  Press  or  News  Bulletins. 

Published  weekly  as  a  single  sheet,  printed  on  one  side  only  for  use 
of   newspapers    of  Texas. 

Vol.  1,  November  11,  1914  to  June  17,  1915,  31  issues. 
Vol.  2,  July  25,  1915  to  July  9,  1916,  32  issues. 
Vol.  3,  September,  1916  to  July,   1917.     32  issues. 
Succeeded  by  Weekly  News  Letter. 

AA.       WEEKLY    NEWS    LETTER 

Successor    to    Educational    Notes. 

Vol.  4.     October  8,  1917  to  July  8,  1918.     39  issues. 

B.       THE    IXTERSCHOLASTIC    LEAGUER 

Vol.  1.    October  15,   1917  to  May  15,  191S.      8  issues. 


.  A  Source  Book  of  the  University  of  T.exas  779 

C.       Till:     UNAS    JOURNALIST 

Official  paper  of  the  School  of  Journalism. 

Vol.  1,  October,   1914,  to  May,  1915,    L3   issues. 

Vol.  2,  October,  1915.  to  December  15,  191"!.  5   issues. 

Changed    to   a    monthly    of   quarto    size    with    a    cover. 

Vol.  2,  February  to  May,  1916.     No's.  5  to  8. 

Vol.   3,  November,   1916,  to   May,   1917,   7   issues. 

Vol.  4,  November,  1917,  to  February,  1918.     4  issues. 

I).       TIIK    INIYKKSITY    REPORTER 

Published  weekly  as  laboratory  work  by  the  students  of  the  School 
of  Journalism.      (Vol.   1   only). 

Vol.  1,  January  to  May,  1916,  19  issues. 

E.      THE    TEXAS    REVIEW 

A  quarterly  literary  magazine  published  by  the  University  contain- 
ing both  poetry  and  prose,  together  with  historical  and  critical  essays. 
Vol.  1,  1915-191-6.     359  pp.    Stark  Young,  Editor. 
Vol.  2,  1916-1917.     375  pp.     Robert  Adger  Law,  Editor. 
Vol.  3,  1917-1918.     Robert  Adger  Law,  Editor. 


780  •    University  of  Texas  Bulletin 

B.     ALUMNI  PUBLICATIONS 

A.       HOGG    ORGANIZATION 

[Official  name:     Organization   for  the  Enlargement  by  the   State  of 
Texas  of    Its  Institutions   of   Higher  Education. 1 

. .  Plan  of  Organization  proposed  by  Resolutions  of  the  Alumni 
Association  of  the  University  of  Texas,  adopted  June  12,  1911. 
Austin.  July  30,  1911.   4  pp. 

An    Organization    Looking    to    the    Enlargement   and    Exten- 
sion by  the  State  of  the  University  Plan  of  Higher  Education 
tion  in  Texas.     Houston,  Rein  and  Sons,   [1911].     13pp. 

. .  To  the  Members  of  the  -Texas  State  Teachers'  Association. 
Austin,  1911.     3pp. 

Announcement. — Constitution  and  By-Laws. — List  of  Sub- 
scribers.    Austin,  November  1,  1911.     14pp. 

. .     Announcement    of    Origin    and    Program    of   Work.      Austin, 
Office  of  Executive   Secretary.     February   10,   1912.     Sp. 
Mezes,  Sidney  Edward.     The  Hogg  Organization. 

Austin,  Office  of  Executive  Secretary,  February  10,  1912.     8pp. 

Lefevre,  Arthur.  A  study  of  the  Financial  Basis  of  the  State 
Universities  and  Agricultural  Colleges  in  Fourteen  States. 
Austin,  March    28,  1912.     12pp. 

Fay,  Edwin  Whitfield.  Culture  in  Education.  Austin,  Office  of 
Executive  Secretary,  April  1,  1912.     16pp. 

Ellis,  Alexander  Caswell.  The  Relation  of  Higher  Education  to 
the  Economic  Development  of  the  State,  and  the  Financial 
Value  of  Common  Schools  to  the  State.  Austin  [Office  of  Ex- 
ecutive Secretary,  April  1,  1912].     32pp. 

Horn,  P.  W.  The  Cultural  Value  of  Education.  [Austin,  Office 
of  Executive  Secretary,  April  1,  1912].     15pp. 

Educational  campaign  Committee.  The  State  Institutions  of 
Higher  Education  in  Texas,  Their  Past  Services,  Future  Pos- 
sibilities, and  Present  Financial  Condition.  [Office  of  Execu- 
tive Secretary],  May  1,  1912.     44pp. 

How  Texas  Ranks  in  Higher  Education.  Comparative  Sta- 
tistics and  Diagrams,  With  Respect  to  the  University  of  Texas, 
the  Agricultural  and  Mechanical  College,  and  the  College  of 
Industrial  Arts,  With  Similar  Institutions  in  Thirteen  Se- 
lected States,  Statistics  of  the  State  Normal  Schools  Not  Being 
Available.  Austin,  Office  of  Executive  Secretary,  July  1,  1912. 
4  pp. 

How  Texas  Ranks  in  Higher  Education  ....  Austin, 
Office  of  Executive  Secretary,  August  1,  1912.  (Statistical  wall 
map). 


A  Source  Book  of  the  University  of  Texas 


781 


. .  Five  $200  first  prizes  and  five  $50  second  prizes  for  the  best 
essays  on  subjects  and  under  regulations  as  follows  .... 
1912.     4pp. 

. .  Annual  report.  Financial  statement  of  the  executive  sec- 
retary for  the  fiscal  year  beginning  November  1,  1911,  and 
ending  October  31,  1912.  Austin,  Office  cf  Executive  Secretary, 
December  5,  1912.     27pp. 

Second  annual  report.  Financial  statement  of  the  execu- 
tive secretary  fcr  the  fiscal  year  beginning  November  1.  1912, 
and  ending  October  31,  1913.  Austin,  Office  of  Executive  Sec- 
retary, November   1,   1913.     20pp. 

Lefevre,  Arthur.  The  Organization  and  Administration  of  a 
State's  Institutions  of  Higher  .Education:  A  Study  Having 
Special  Reference  to  the  State  of  Texas.  Austin,  Von  Boeck- 
mann- Jones.     58pp.     (Advance  sheets  of  Part  I.) 

Lefevre,  Arthur.  The  Organization  and  Administration  of  a 
State's  Institutions  of  Higher  Education.  Austin,  Von  Boeck- 
mann-Jones,  1914.     iv,  524pp. 

Mezes,  Sidney  Edward.  Tbe  Future  of  the  University  of  Texas: 
Its  Duties,  Opportunities,  Prospects:  A  Final  Message  to  the 
Board    of  Regents.     Austin,    December   16,   1914.     20pp. 

A  Statement  From  the  Executive  Secretary.  Austin,  Office  of 
Executive  Secretary,  April  15,  1915.     8pp. 

. .     Annual  Report.     Financial  Statement  of  the  Executive  Sec- 
retary,   from    August,    1914,    to    June,    1916.      Austin,    Office   of 
Executive  Secretary,  June  30,  1916.     23pp. 
This   is  the   Fourth  Annual  Report.     The  Third   seems  not   to  have 
been  printed. 

B.       TIIK    ALCALDE 

Published  by  the  Ex-Students'  Association.  The  regular  depart- 
ments are  entitled:  Texas  Exes,  Getting  Along,  Who's  Who  at  Texas, 
The  Co-Ed  Her  Page,  News  of  the  Faculty,  Student  Life,  or  Shacks 
and  Buzzards,  Athletics,  Peregrinusings,  University  Yarns,  Editorials. 
Articles  dealing  with  the  history  of  the  University  appear  frequently, 
together  with  articles,  stories,  and  poems  of  a  general  character,  but 
written  by  ex-students  or  members  of  the  Faculty. 

Vol.  1,  1913   4   issues,   424   pages,   Fritz   Lanham,  editor. 

Vol.  2,  1913-14,  8  issues,  1034  pages,    Fritz   Lanham,   editor. 

Vol.  3,  1914-15,  8  issues,     879  pages,    Fritz    Lanham,    editor. 

Vol.  4,  1915-16,  8  issues,     83S  pages,    Fritz    Lanham,    editor. 

Vol.  5,  1916-17  8  issues,     826  pages,   Ben   Dyer,  editor. 

Vol.  6,  1917-18,  —  issues,  —  pages.  Ben   Dyer,  editor. 


782  University  of  Texas  Bulletin 


C.     STUDENT  PUBLICATIONS 

A.      THE    UNIVERSITY    OF    TEXAS    MAGAZINE 

Devoted  chiefly  to  literary  topics,  with  occasional  articles  and  edi- 
torials dealing  with  current  University  affairs.  First  published  by 
the  Athenaeum  and  Rusk  Literary  societies,  later  by  the  Student  As- 
sociation. Title  varies,  The  University  of  Texas  Literary  Magazine. 
The  Texas  University;   The  Longhorn  Magazine. 

Vol.     1,  1885-1886,  R.   L.    Batts  and   H.   H.   Lennox,   Editors-in-chief. 

Vol.     2,  1886-1887,  L.  M.  Dabney  and  W.  H.  Wilson,  Editors-in-chief. 

Vol.     3,  1887-1888,  E.  B.  Parker  and  R.  U.  Culberson,  Editors-in-chief. 

Vol.     4.  1888-1889,  C.  Frenkel  and  M.  D.  Smith,  Editors-in-chief. 

Vol.     5,  1889-1890,  John  L  Henry  and  L.  T.  Dashiel,  Editors-in-chief. 

Vol.     6,  1890-1891,  C.   F.   Thomas  and  L.   A.   Smith,  Editors-in-chief. 
"Vol.     7,  1891-1892,  H.  R.  R.  Hertzberg  and  D.  A.  Penick,  Eds.-in-chief. 

Vol.     8,  1892-1893,  L.  G.  Bugbee,  Editor-in-chief. 

Vol.     9,  1893-1894,  W.   J.  Crawford,  Editor-in-chief. 

Vol.  10,  1894-1895,  M.    Lee    Simmons,    Editor-in-chief. 

Vol.  11,  1895-1896,  R.   S.  Baker,  Editor-in-chief. 

Vol.  12,  1896-1897,  J.    A.    Lomax,   Editor-in-chief. 

Vol.  13,  1897-1898,  Howard    Parker,    Editor-in-chief. 

Vol.  14,  1898-1899,  W.  M.   Pierson,   Editor-in-chief. 

Vol.  15,  1899-1900,  Jessica  M.  Clark,  Editor-in-chief. 

Vol.  16,  1900-1901.  Wilbur  P.  Allen,  Editor-in-chief. 

Vol.  17,  1901-1902,  J.   Barry   Benefleld,   Editor-in-chief. 

Vol.  IS,  1902-1903,  S.   Royal    Ashby,   Editor-in-chief. 

Vol.  19,  1903-1904,  Helen    Raley,    Editor-in-chief. 

Vol.  20,  1904-1905,  Joel    F.    Watson,    Editor-in-chief. 

Vol.  21,  1905-1906,  May  Mason  Jarvis,  Editor-in-chief. 

Vol.  22,  1906-1907,  Louise  L.  Temple,  Editor-in-chief. 

Vol.  23,  1907-1908,  Norma   Egg,   Editor-in-chief. 

Vol.  24,  1908-1909,  Ethel    Sykes,   Editor-in-chief. 

Vol.  25,  1909-1910,  Frank  Fueille,  Jr.,  Editor-in-chief. 

Vol.  26,  1910-1911,   Robert  E.   Capers.   Editor-in-chief. 

Vol.  27,  1911-1912,  A.  M.  Felts,  Editor-in-chief. 

Vol.  28,  1912-1913,  Wm.    M.    Tanner,    Editor-in-chief. 

Vol.  29,  1913-1914,  L.    R.    Garrison,    Editor-in-chief. 

Vol.  30,  1914-1915,  Frank   Loftus,    Editor-in-chief. 

Vol.  31,  1915-1916,  F.   P.    Hibbard,   Editor-in-chief. 

Vol.  32,  1916-1917,  Henry    Bercowich,    Magazine    Editor;     Jack    Hy- 
man,  Magazine  Editor. 

Vol.  33,  1917-1918,  Mrs.  Dora  Neill  Raymond,  Editor. 


J.  Source  Book  of  the  University  of  Texas 


783 


Beginning  with  Vol.  32,  the  Magazine  was  combined  with  the  Long- 
horn,  changed  from  octavo  to  quarto,  and  called  the  Longhorn  Maga- 
zine. The  comic  features  of  the  Longhorn  were  dropped  in  Vol.  33, 
the  Magazine  resuming  its  former  purely  literary  character  but  not  its 
former  name. 

Vol.  32,  No.  9,  contained  only  the  Longhorn  humorous  part  and  was 
followed  by  a  "Statewide  Commencement  Edition"  of  the  "Magazine." 

B.       CACTUS 


This  copiously  illustrated  student  annual  was  first  published  by  the 
Fraternities,  later  by  the  Athletic  Council,  finally  by  the  Student  As- 
sociation. 


Volume 

Year 

1 

1894 

2 

1895 

3 

1896 

4 

1897 

5 

1898 

6 

1899 

7 

1900 

8 

1901 

9 

1902 

10 

1903 

11 

1904 

12 

1905 

13 

1906 

14 

1907 

15 

1908 

16 

1909 

17 

1910 

18 

1911 

19 

1912 

20 

19131 

21 

1914 

22 

1915 

23 

1916 

24 

1917 

25 

1918 

Editor 
Dabney    White 
W.    O.    Stephens 
R.   S.    Baker 
H.  S.  Brown 

E.  W.  Townes 
J.   H.  Hart 

B.    H.    McB'arland 

D.  K.    Woodward 

F.  T.  West 
Roy  Bedichek 
H.    P.    Steger 
Alex   Deussen 
W.  F.  Buckley 
Robert  Haynie 
Ireland    Graves 
W.    D.    Smith 

E.  A.   Harris 

Will    C.    Thompson 
R.    T.    Fleming 
Tom    S.    Henderson,   Jr. 
George   T.    Lee 
Dave  R.  Williams 
Pendleton    Howard 
Gillis    Johnson 
Julian  Elfenbein 


Dedicated  to 


Phil   Hatzfeld 
G.   W.    Brackenridge 
Sir    Swant'e   Palm 
R.    S.    Gould 
John  Sealy 
Mrs.  H.  M.  Kirby 
J.  B.  Clark 
J.   C.   Townes 
Leslie    Waggener 
W.    L.   Prather 
D.  F.  Houston 
T.  S.  Henderson 
S.   E.   Mezes 
L.  M.  Keasbey 
F.  W.  Simonds 
H.  Y.  Benedict 
T.    U.    Taylor 
A.   S.   Burleson 
T.  W.  Gregory 
W.  J.   Battle 
R.    E.   Vinson 
Slate    of   Texas 


Till:    TEXAS     WEEKLY 


-,  —  issues.      G.   B.   Willett,   Editor. 


Vol.   1,  Dec.   1,   1884,  to 
8p.  quarto. 

Four  or  five  issues  are  thought  t<>  have   appeared.     Only   one  issue 
seen. 


784  University  of  Texas  Bulletin 

D.       THE    .NORTH  1U 

No  copy  seen.  Evidence  for  its  existence  is  based  on  the  following: 
The  Texas  University  extends  to  the  Norther  a  cordial  welcome. 
As  the  'Norther  says,  there  is  not,  nor  can  there  be  any  conflict  between 
us — the  provinces  of  the  two  papers  being  entirely  different.  The  only 
difficulty  is  one  of  finance,  and  there  is  no  reason  why  this  should 
present  itself,  if  the  students  will  act  liberally.  The  Texas  Magazine, 
Vol.  IT,  No.  8,  April  1887,  p.  277. 

E.      THE    ALCALDE 

A  weekly  journal  for  the  University  of  Texas,  privately  managed. 
Vol.  1.     December,  1895,  to  July,  1896:  24  issues,  L.  E.  Hill  and  Charles 

D.  Oldright,  Editors. 
Vol.  2.     October,  1896,  to  June,  1897:   35  issues,  L.  E.  Hill,  Editor. 
Vol.  3.     1897:    5   issues,  L.   E.   Hill,  editor,  succeeded  by  S.  E.  Goree. 

After  these  issues,  the  'Alcalde  became  a  State  weekly  and  was  suc- 
ceeded as  a  University  publication  by  the  Ranger,  which  carried  for- 
ward the  volume  and  numbering  of  the  Alcalde. 

F.      THE    BANGER 

Vol.  3.     November,  1897,  to  June,  1898:  issues  6  to  38,  J.  C.  Palm,  Edi- 
tor. 
Vol.  4.     October,  1898,  to  June,  1899:    35  issues,  E.  R.  Kleberg,  Editor. 
Vol.  5.     October,  1899,  to  June,  1900:  33  issues,  Wilbur  P.  Allen,  Editor. 

G.       THE    CALENDAR 

A  weekly  journal  for  the  University  cf  Texas,  privately  managed. 
Vol.  1.     March    to   June,   1889:    25   issues,   R.   W.    Wortham,    Editor. 
Vol.  2.     1899-1900,   54  issues,  L.  L.   Featherstone,  Editor. 

H.      THE    TEXAN 

A  college  paper,  the  first  four  volumes  of  which  were  published  as  a 
private  enterprise.  From  volume  5  onward,  The  Texan  has  been  pub- 
lished by  the  Student  Association. 

Editors 
Fritz    G.    Lanham   and   F.   T.   West 
Ben  H.  Powell  and  H.  M.  Whaling 
Alex    Deussen 
A.    F.    West  and   Alex   Pope 


Vol. 

Session 

Issued 

1 

1900-01 

Weekly 

2 

1901-02 

Weekly 

3 

1902-03 

Weekly 

4 

1903-04 

Weekly 

5 

1904-05 

Weekly 

6 

1905-06 

Weekly 

7 

1906-07 

Weekly 

8 

1907-08 

Semi-Weekly 

9 

1908-09 

Semi-Weekly 

10 

1909-10 

Semi-Weekly 

11 

1910-11 

Semi-Weekly 

12 

1911-12 

Semi-Weekly 

13 

1912-13 

Semi-Weekly 

14 

1913-14 

Daily 

15 

1914-15 

Daily 

16 

1915-16 

Daily 

17 

1916-17 

Daily 

18 

1917-18 

Daily 

and 

D. 

A. 

Frank 

Jr. 

and 

J. 

F. 

Watson 

A  Source  Book  of  the  University  of  Texas  785 

Clinton    Brown 

J.    C.    Townes, 

Luther   Nichols 

E.    L.    Harris 

W.  A.  Philpott 

Mark   McGee 

Geo.   A.    Hill 

Marion    Levy 

George   Wythe 

Ralph    B.    Feagin 

Lynn    Landrum,    Stuart    McGregor,    and 

Fred   Cotton 
Dan  Williams 
Roy    Hawk 
Silas  Ragdale,   F.  Edward  Walker 

I.      THE    PEBIPATOS 

Commencement    publication    for   the   University   of   Texas,   privately 
managed. 
Vol.  1,  1906-07,  2  issues.     I  Peripitate,  Editor. 
Vol.  2,  1907-08  2  issues.     I  Peripitate,  Editor. 
Vol.  3,  1908-09,  2  issues.     I  Peripitate,  Editor. 
Vol.  4,  1910,  2  issues,  I  Peripitate,  Editor. 
Name  changed  to 

J.      THE    PEBIPATOS    COYOTE 

Vol.   5,  1911,   2   issues. 

K.       THE     COYOTE 

A  comic  monthly  published  as  a  private  student  enterprise. 

Vol.  1.     1908-09,  8  issues,  W.  A.  Philpott,  Editor. 

Vol.  2.     1909-10.  8  issues,  T.  S.  Henderson,  Editor. 

Vol.  3.     1910-11,  8  issues,  Rex  B.  Shaw,  Editor. 

Vol.  4.     1911-12,  9  issues,  Rex  B.  Shaw,  Editor. 

Vol.  5.     1912-13,  6  issues,  Howard    Claiborne    followed    by    John    W. 

Thomason  and  C.  R.  Holland,  Editors. 
Vol.  6.     1913-14,  9  issues,  C.  R.  Holland,  Editor. 

Vol.  7.     1914-15,  9  issues,  George    Lee    followed    by    <\    R.    Holland, 
Editors.     Succeeded  by  the  Longhorn. 

]..      LONGHOBN 

A  comic  monthly   published  as  a  private  student    enterprise. 
Vol.  1.     1915-16,  10  issues,  Rex  B.  Shaw,  editor. 

50 — 227 


786  University  of  Texas  Bulletin 

Name  changed  to  the  Longhorn  Magazine  and  combined  with  the 
Magazine.  The  Longhorn  Magazine  carried  a  Longhorn  section  and 
a  Magazine  section  for  one  year,  dropping  the  Longhorn  section  in 
1917,  with  Vol.  33. 

M.      THE     BLTJNDiSBBUSS 

Issued  April  1,  annually,  a  four-page  unmailable  yellow  sheet  secretly 
published. 

Vol.  1,  No.  1,  1914. 

Vol.  2,  No.  1,  1915 
'Vol.  3,  No.  1,  1916. 

Vol.  4,  No.  1,  1917. 

Vol.  5,  No.  1,  1918.  (Supplemented  April  2,  1918  by  "The  Blunder- 
bustle.") 

N.       THE    CAMPUS    RECORD 

Summer  School  and  Summer  Normal  Paper. 
Vol.  1,  July,    1910. 
Only  one  issue  seen. 

O.      THE    UNIVERSITY   OF   TEXAS    COMMONER 

Issued  occasionally.     Anti-frat  sheet. 

Vol.  1,  No.  1,  Editor-in-Chief,  Attila,  the  Hun;  Assistant  Editor-in- 
Chief,  Alaric,  the  Goth;  Business  Manager,  Genseric,  the  Vandal.  Not 
dated. 

Vol.  1,  No.  2,  April   4,  1913. 

Vol.  1,  No.  4,  May    [1913]. 

Vol.   2.     No  numbers   seen. 

Name  changed.      Numbering   continued. 

P.      THE    COMMONER 


Vol.  3.  No.  1,  April  30,  1916. 

Vol.  3.  No.  2,  May  7,  1916. 

Vol.  3.  No.  3,  May  3,  1916.     C.  Lohman,  editor. 

Vol.  3.  No.  3,  May  15,  1916. 


A  Source  Book  of  the  Umversity  of  Texas  787 


II.     LIST  OF  BOOKS  AND  PAMPHLETS 

Benedict,  Harry  Yandell 

Phi  Beta  Kappa,  Alpha  of  Texas.     Published  by  the  chapter.     1913. 
42pp. 
Broun,  Thomas  L. 

Dr.  William   LeRoy  Broun.     N.   Y.,  Neale  Pub.  Co.,  1912,  247    pp. 
Reviewed   by  H.  Y.   B.    (in   Quarterly  Texas  State  Historical 
Association,  v.  17,  p.  93). 
Brown,  John  Henry 

History  of  Texas.     1893.     Pp.  507-50S. 
Burke's  Texas  Almanac  and   Immigrant's   Handbook  for  1882. 
The  location  of  the  State  University.     P.   164. 
Official  declaration  of  the  result  of  the  election  for  the  University. 

Pp.   133-134. 
Organization    and    endowment    of    University    described. 
Burke's   Texas   Almanac   and    Immigrant's   Handbook   For   1883. 
State   University.     Regents.     Pp.    47-48. 

Describes   the   endowment   and   probable   income  and   reports   the 
election  of  Dr.  W.    T.   Harris  and   Judge  T.   M.   Cooley   to   pro- 
fessorships. 
Burleson,  Mrs.  Georgia  J. 

Life  and  Writings  of  Rufus  C.  Burleson.     1901.     Pp.     396-398. 
Butte,  George  Charles 

Academic   Freedom,   or   "In   the    Spirit  of   1836."     March    2,   1917. 
8pp. 
Daniel,  Lewis  E. 

Personnel  of  the  Texas  State  Government,  1887.  Browning,  J. 
N.,  pp.  112-113;  Cooper,  O.  H.,  pp.  29-36;  Garwood,  H.  M.,  pp. 
129-130;  Hogg,  J.  S.,  pp.  24-26;  Lanham,  S.  W.  T.,  pp.  58-59; 
McGaughey,  W.  L,  pp.  151-152;  Ross,  L.  S.,  pp.  5-15;  Sayers, 
J.  D.,  pp.  60-61;  Simpkins,  E.  J.,  pp.  84-85. 
Personnel  of  Texas  State  Government,  18S9.  Bryan,  Guy  M.,  p. 
225;  Cooper,  O.  H.,  pp.  93-95;  Hogg,  J.  S.,  pp.  84-91;  Lanham,  S. 
W.  T.,  p.  143;  McGaughey,  W.  L,  p.  361;  Ross,  L.  S.,  pp.  7-17; 
Sayers,  J.  D.,  p.  141;  Simkins,  E.  J.,  p.  183. 
Personnel  of  Texas  State  Government,  1892.  Batts,  R.  L,  pp. 
611-612;  Browning,  J.  N.,  pp.  289-290;  Bryan,  Guy  M.,  pp.  539- 
545;  Everhart,  E.,  p.  160;  Garwood,  H.  M.,  pp.  196-1 9S;  Hogg, 
J.  S.,  pp.  71-80;  Ireland,  John,  pp.  53-56;  Lamar,  M.  B.,  pp.  26- 
28;  Lanham,  S.  W.  T.,  p.  182;  McGaughey,  W.  L,  pp.  110-111; 
Simkins,  E.  J.,  pp.  213-215;  Tarlton,  B.  D.,  p.  97;  Waggener,  L, 
pp.  158-159. 
Types  of  Successful  Men  of  Texas,  180.  Cooper,  O.  H.(  pp.  593- 
595;  Garwood,  H.  M.  pp.  76-77;  Inland,  John,  pp.  439441;  Lane, 
J.  J.,  pp.  401-402;   Littlefield,  G.  W.,  pp.  345-352;  Paine,  J.  F.  Y., 


788  University  of  Texas  Bulletin 

pp.  215-217;    Pfeuffer,  George,  pp.  573-589;   Sayers,  J  .D.,  pp.  523- 
526;  Sirakins,  E.  J.,  pp.  451-453;   Wooten,  T.  D.,  pp.  555-559. 
Echoes  of  the  Barb-Frat  Fight  at  the  University  of  Texas.     Barbarian 

Facts  vs.  Fraternity  Theories.     1913.     75pp. 
Garrison,  George  Pierce 

University  of  Texas:    appropriation  for,  by  Act  of   1839  and   pro- 
vision for,  by  Act  of  1858,  p.  278;    its  opening  and  growth,  pp. 
310-311. 
Goodspeed   Brothers,  Publishers. 

Record  of  Southwest  Texas,  1894. 

A  trivial  paragraph  on  p.  49;    M.  B.  Lamar,  p.  633. 
Handley,  Marks  White 

Claudella.     A  story  of  the  University  of  Texas.     Austin,  Published 
by  The  Newman   Club,  1913.     150pp. 
Harwood,  Thomas  Moore 

Memorial  pamphlet.     Galveston,  1900.     42pp. 
Hertzberg,  Hans  Regenald  Rudolph. 

Lawyers  and  Laurels.    A  would-be  epic  and  didactic  history  of  the 
Junior  law  class  of  1890-91.     Austin,  1891.     11pp. 
Hogg,  William  Clifford 

An  Interview:    'A  Record  and  Some  Queries.     July  19,  1917,  4  pp. 
Ferguson's    War    on    the    University    of    Texas.      A    chronological 
outline.      January   12,    1915    to   July   31,   1917,   inclusive.     Pub- 
lished by  the  Ex-Students'  Association,  1917,  48  pp. 
His  Own  Words  to  Discover  His  Motives:    The  Ferguson  Idea  of 

University  Control.     August  1,  1917,  27  pp. 
Record  of  Investigation  by  Committee  from  House  of  Representa- 
tives,  Thirty-fifth  Legislature,  The    State  of  Texas,   of  Charges 
filed  against  Gov.  Jas.  E.   Ferguson.     August,   1917.     548,  v.,  pp. 
Contains  University  references  only  in  the  Dedication;    mostly  a 
copy  of  the  stenographic  record  of  the  Committee,  not  published 
in  the  House  Journal. 
Howerton,  W.  V. 

Facts  on  Ferguson.     A  Review  of  the   Impeachment  and  a  Reply 
to  Charges  made  by  Ex-Governor  Ferguson,     viii,  96pp.     Austin, 
July,  1918.     Pages  54-72  are  devoted  to  the  University. 
Johnson,  Alvin  S. 

The  Professor  and  the  Petticoat.     N.  Y.,  Dodd,  Mead  &  Co.,  1914. 
A  novel  whose  scenes  and  characters  are  disguised  caricatures  of 
University  originals. 
Johnson,  Frank  W. 

Texas  and  Texans.     Edited  and  brought  down  to  date  by  Eugene 
C.  Barker  with  the  assistance  of  Ernest  William  Winkler.     1914. 
5v. 
University  of  Texas,   p.   586,  a  mere  reference. 


A  Source  Book  of  the  University  of  Texas  789 

Ball,  T.  H.,  p.  1626;  Batts,  R.  L.,  p.  1605;  Barker,  E.  C.  p.  2672; 
Brackenridge,  G.  W.,  p.  691;  Brown,  J.  H.,  p.  524;  Bryan,  Beau- 
regard, p.  1303;  Bryan,  Guy,  p.  532,  1176;  Cain,  B.  B.,  p.  1577; 
Gary,  Hampson,  p.  1075;  Henderson,  T.  S.,  p.  1664;  Hogg,  J.  S., 
p.  603-609;  Kemp,  J.  A.,  p.  1964;  Kleberg,  M.  E.,  p.  1629;  Lane, 
Alvin  V.,  p.  1136;  McGaughey,  W.  P.,  p.  1842;  Mathis,  John  M., 
p.  1997;  Pfeuffer,  George,  p.  1439;  Roberts,  O.  M.,  p.  534,  555, 
581,  598;  Shepard,  Seth,  p.  1064;  Terrell,  A.  W.,  p.  592,  600,  1063; 
Todd,  G.  T.,  p.  2597;  Townes,  John  C,  p.  1297;  Waggener,  Leslie, 
p.  1825;  Wooten,  T.  D.,  p.  1602. 
Kennedy,  William 

Texas,  1891.     A  reference  to  the  original  50  leagues  in  v.   2:392. 
Lane,  John  J. 

History   of    the    University    of   Texas.     Austin,    1891.      322p. 
Lane,   John  J. 

History   of   Education   in    Texas.     Washington,   1903.     Pp.    123-259, 
311-326.     334pp. 
Lefevre,  Arthur 

Organization    and    Administration    of    a    State's     institutions     of 
Higher   Education.     See   Hogg   Organization. 
Lomax,  John  Avery. 

The  Book  of  Texas,  N.  Y.,  Doubleday,  Page  and  Co.,  1916.     448pp., 
pp.   362-365;    379,  380-322. 
Lynch,   James   Daniel 

The  Bench  and  Bar  of  Texas.     1885.     Devine.  T.   J.,  pp.  302-305; 
Gould,  R.   S.,  pp.   312-314;    Ireland,  John,   pp.    306-311;    Roberts, 
O.  M.,   pp.   272-284;    Terrell,   A.  W.,  pp.   500-512. 
Maxwell,  W.  J. 

General    register   of   the   students   and   former   students   of   the 
University  of  Texas.     N.  Y.,  Polk  and  Co.,  1917.     596p. 
Mezes,   Sidney  Edward 

The  Future  of  the  University  of  Texas;    It's  Duties,  Opportunities, 

Prospects. 
A  final  message  to  the  Board  of  Regents,  Dec.  16.  1914.     See  Hogg 

Organization. 
The  Special  Tax  for  the  University  of  Texas.     1911.     9pp. 
A  Statement  Concerning  the   University.     Austin,    January,    1911. 
Miller,  Edmund  Thornton 

A  Financial  History  of  Texas. 
See  Miscellaneous  Bulletins,   1916:    37. 
Moreland,  Sinclair 

Texas  Women's  Hall  of  Fame.     1917. 
Mrs.   Helen  M.  Kirby,  pp.  207-209. 
Norton,  Anthony   Banning 


790  University  of  Texas  Bulletin 

Remarks  of  A.  B.  Norton  in  the  Texas  House  of  Representatives 
Upon   the  University  Question  and   Bill   for  the   Relief  of   Set- 
tlers  on   the   Mississippi   and   Pacific   Reserve.     Nov.    24,    1858. 
Austin,  1858.     17pp.     Pamphlet. 
Pennybacker,   Mrs.  Anna  J.  Hardwicke 
A  New   History    of  Texas.       1908. 

Pour  or  five  brief  references  to  the  Main  University  and  Medical 
Department. 
Raines,   Cadwell   Walton 

Year  Book  of  Texas.     V.     1,  1901. 

Garrison,  G.  P.     What  the  University  of  Texas  Is  Doing  for  Texas 

History,     pp.  411-413. 
Hume,   F.   Charles    (elected  first  president  of  the  University  but 

declined),     pp.   172-176. 
Lomax,  J.  A.    The  University  of  Texas,     pp.  408-411. 
Taylor,  Bride  Neill.     Art    [in  Texas],     p.  19. 
Wyche,    Benjamin.     The    University    of    Texas    Library,    pp.    413- 

414. 
Year  Book  of  Texas.     V.  2,  1902. 
University  of   Texas,   p.   303-304. 
Regents,  Board  of 

Urging  the   adoption  of  amendment  to  Sections   49   and   52   of 
Article  3  of  the   State  Constitution,  in  the  election  to  be  held 
Saturday,   July  19,  1913.     5pp.     April,  1913. 
The  University  of  Texas  and   the  War. 
To  the  People  of  Texas.     4pp.     July,  1918. 
Smith,  Ashbel 

Reminiscences  of  the  Texas  Republic.     1876. 
Southwest  Immigration  Co. 

Texas:     Her   Resources    and   Capabilities.     1881. 
"There   is  no   other  university  which  will  have  such  a  revenue, 
with    the    wealth    at    its    command,    professorships    can    be    en- 
dowed,   libraries    established,    observatories   erected,   and   muse- 
ums collected,  such  as  exist  in  no  country  of  Europe."    pp.  151. 
Steger,  Harry  Peyton 

The  Letters  of  Harry  Peyton  Steger,  1899-1912.     Published  by  the 
Ex-students'   Association   of   the   University   of  Texas,   1915. 
Sterett,  W.  G. 

Great    Southern    Life    Insurance   Co.      University   number.      V.    8, 
No.  8,  July,  1916. 
State  University. 

A  history  of  Texas,  together  with  a  biographical  history  of  the 
cities  of  Houston  and  Galveston,  1895.     pp.  138-140. 
Tennessee.     University. 


A  Source  Book  of  the  University  of  Texas  791 

Robert  Lewis   Dabney,   In   Memoriara,   1820-1898.     Knoxville.   Uni- 
versity of  Tenn.,  pr.,  1899.     41pp. 
Terrell,   Alexander  Watkins 

Speech  delivered  in  the  Senate  April  19,  1882,  on  the  bill  to  set 
aside  two  million  acres  of  land  to  endow  the  State  University 
and  a  like  amount  for   the  public   free  schools.     Austin,   1882. 
22pp. 
Thompson,  Thomas  C. 

Brief   review   of   the    Medical    Department   of   the    University    of 
Texas.     1896-7,  13pp.  Pamphlet. 
Thrall,  Homer  S. 

A  History  of  Texas.     1876. 

For  use  in  schools  and  for  general   readers.     Unimportant  refer- 
ence on  p.   186. 
Winter,  Nevin  Otto 

Texas  the  Marvelous.     Boston,  Page,  1916. 

Refers  to   the  University  on  pp.  242-243  and  gives  a  colored  pic- 
ture of  the  campus,  view  up  University  avenue. 
Wooten,  Dudley  Goodall 

A   Comprehensive   History   of   Texas.      1898. 

Vol.  II,  Part  I,  University  of  Texas,  pp.  236,  241,  245-247,  250, 

260,  261,  429,  431,  433,  434,  439-459,  777,  778. 
Part   II,  University  lands  and   funds,   pp.   835-841.     An  historical 
summary  of  University,  asylum,  and  public  school  lands. 
Wooten,   Thomas   D. 

The  University  of  Texas.     Austin,  1887.     15p. 
Read  before  the  State  Medical  Association. 


7!)2  University  of  Texas  Bulletin 


III.     LIST  OF  ARTICLES  IN  SERIALS 

Excludes  all  articles  in  newspapers  and  all  articles  in  magazines 
that  are  little  more  than  advertisements.  Excludes  all  references 
to  articles  in  the  Student  Publications  and  in  the  Official  Publica- 
tions other  than  the  Record;  excludes  references  to  most  of  the  un- 
signed articles  in  the  Record  and  Alcalde  relating  to  contemporary 
University  life  and  events.  Includes  signed  articles  in  the  Record 
and  Alcalde  dealing  with  University  history  together  with  a  few  un- 
signed articles  containing  historical  material  of  value. 
Agricultural  and  Mechanical  College.     (In  Alcalde,  r.  3:302-304,  May, 

1898). 
Alumni  Catalogue,  1884-1901.      (In  Record,  v.  4:1-200.     May,  1902). 
Barbecue.     (In    Record,    v.    8:296-320.     Dec.    1908). 
Barker,  Eugene  Campbell. 

Professor   George   Pierce   Garrison.     (In   Texas    School   Magazine, 

v.  13:13-14.     Aug.  1910.) 
Mirabeau  Bonaparte  Lamar.      (In  Record,  v.  5:146-160;  Aug.  1903.) 
Barron,  Addie  Dixon 

Sir  Swante  Palm.      (In  Alcalde,  v.   5-473-479;    April   1917). 
Battle,  William  James 

Admission   Requirements    to    the    University.      (In   Record,    v.    7: 

285-300;   Aug.,  1907), 
Death  of  President  Prather.     (In  Record,  v.  6:118-119;  Aug.  1905). 
The  New  University  Seal.     (In  Record,  v.  8:110-115;   June,  1908). 
The  Regents'  Report.     (In  Record,  v.  6:119-126;   Aug.  1905). 
Religious   Work   in   the   University.      (In    Record,    v.     3:278-279; 

Sept.  1901). 
The  University  and  the  Legislature.      (In    Record,    v.    6:131-132; 

Feb.  1905). 
University  Publications.      (In    Record,    v.    6:114-117;     Feb.  1905). 
William   James   Battle,   acting   President.      (In   Alcalde,   v.    3:127-130; 

Dec.  1914). 
Batts,  Robert  Lynn 

Robert   Simonton   Gould.      (In  Alcalde,   v.   2:883-890;    Aug.   1914). 
Some   Personal  Recollections  of  Dr.    Leslie  Waggener.       (In    Al- 
calde,  v.    1:253-258;    June    1913). 
Beaty,  J.  W.  and  Frederick  Eby 

The   State   University   and   the   High   School    of   the   State.       (In 
Texas  School  Journal,  v.  33:28-35;    Jan.  1916). 
Beazley,  Julie 

Mirabeau  B.  Lamar:  The  Man  Who  Founded  the  Public  School 
System  of  Texas.  (In  Texas  Magazine  [Houston],  v.  2;  Dec. 
1911). 


A  Source  Book  of  the  University  of  Texas  793 

Bedichek,  Roy 

The  Patron  Saint  [George  W.   Brackenridgel   of  the  University  of 

Texas.     (In  Alcalde,  v.  5;    480-486;   April,  1917.) 
University  of  Texas  Men  in   Business   Affairs.     (In   Texas  School 
Journal,  v.   34:12-14;   Sept.,  1916. 
Beginnings  of  1he  University.     (Copied  from  the  State  Gazette  Appen- 
dix.     In    Alcalde,   v.   4:407-423;     March-April,    1916.      V.     5:15-30, 
300-311;   619-630;  Nov..  1916,  Feb.  1917,  May,  1917.)     Printed  in 
full   under   Seventh  Legislature. 
Bell,  Charles  K. 

Opinion  of  the  Attorney  General.     (In  Record,  v.  3:280-281;   June 
1901). 
Benedict,   Harry   Yandell 

The  Alpha  Chapter  of  the   Phi   Beta  Kappa  Society   in   the   State 

of    Texas.     (In    Alcalde,    v.    1:: 354-361;    Aug.    1913). 
Bulletins  of  the  University  of  Texas.      (Tn  Texas  School  Journal, 

v.  23:6-7;  Sept.  1905). 
The  University  of  Texas.      (Tn  the  Texas  Magazine   [Houston],  v. 

2:50-58;  Aug.  1910.) 
University  of  Texas  Graduates  in  the  Great  Universities  of  Amer- 
ica.    (In  Texas  School  Journal,  v.  34:15-16;  Sept.,  1916.) 
Blair,  John  Edward 

The    University    and    the    Teachers    of    Texas.     (In    Texas   School 
Journal,  v.  34:14-15;   Sept.,  1916.) 
Blount,  Edward  Augustus 

Hullaboo  and  Orange  and  White.      (In  Alcalde  v.  3:211-213:    Dec. 
1914). 
Brady,   John  W.   and   Woodward.  Dudley  K. 

The    Professors    at    the    University    of    Texas     "Objectionable"     to 
Governor  Ferguson.     (In  Alcalde,  v.  5:722-749;  Aug.  1917). 
Bray,  William  L. 

A   personal    appreciation    of    Professor    Norman.      (In    Alcalde,    v. 
'  2:233-235;    Jan.  1914). 
Bryant,  Isaac  H. 

The   University  of  Texas.      (In  Texas   School  Journal,   v.    12:152- 
153;    May  1894). 
Butler,  Pierce 

See  Rollins,  Hyder. 
Cable,  Crozat  Foster 

Judge  John  Charles  Townes.     (In  Alcalde,  v.  2:679-693;  May  1914). 
Camp  Funston  candidates.     List  of  students  at  Reserve  Officer's  Train- 
ing  camp   at   Camp    Funston,   Texas.      (In    Alcalde,    v.    5:807-812; 
Aug.  1917. 
Carter,  William  Spencer 

A  decade  of  progress  in  the  Medical  Department.     (In  Alcalde,  v. 
2:447-459;    March    1914). 


794  University  of  Texas  Bulletin 

Casis,   Lilia  M. 

Professor  Norman   the  Teacher.     (In   Alcalde,   v.   2:227:231;    Jan. 
1914). 
Cobb,  John  Howell 

Some  Early  Recollections  of  Judge  Yancy  Lewis.    ((In  Alcalde  v. 
3:804-806;    July,   1915). 
Cooke,  Willard  Richardson 

Brief  History  of  the  Medical  Department.    ((In  Alcalde  v.  3:751- 

765;   July  15). 
Dr.  J.  F.  Y.  Paine.     (In  Alcalde,  v.  3:737-740;    July,  1915). 
Cooper,  Oscar  H. 

Progress  of  Education  in  Texas  During  the  Last  Ten  Years.    (In 

Texas  School  Journal,  v.  12:67-72;  March,  1894). 
The  University  of  Texas.      (In  International  Review,  Dec.  1880). 
Dabney,  R.  L.  vs.  The  University  of  Texas.     (In  Texas  Presbyterian 

Houston,  Aug.  10,  1894). 
Decherd,  Mary  E. 

The  University   Students   to   Build  a  Church.     (In   Alcalde,  v.  4: 
800-803;  June,  1916). 
Dedication  of  the  law  building.     (In  Record,  v.  8:341-370;    Dec.  1908). 
Dibrell,  Joseph  B.,  et  al. 

Tributes  to  Judge  Yancy  Lewis.      (In  Alcalde,  v.  3:634-649;    May 
1915). 
Dinwiddie,  Hardaway  Hunt. 

Industrial  Education  in  Texas.      (In  Texas  Review,  v.  1:414-416; 
1885-1886.)     Partly    a   controversy   with   Leslie   Waggener,    Uni- 
versity vs.  A.  and  M. 
Dobie,  J.  Frank 

News  of  the  Faculty.     (In  Alcalde,  v.  5:683-685;   May  1917). 
Being  a  canvass  of  the  faculty  after  the  declaration  of  war  on 
Germany. 
Doughty,  Leonard  t 

Oran  M.   Roberts   and   A   Boy  Who  Liked  Him.      (In  Alcalde,   1: 
229-245). 
Dudgeon,  Howard  R. 

Random  Undergraduate  Recollections.     (In  Alcalde,  v.  3:856-863; 
July  1915). 
Dyer,  Ben  et  al. 

Henry  Reeves.     (In  Alcalde,  v.  4:500-501;    March,  1916). 
Dyer,  Ben 

Story  of  Football  at  Texas.      (In   Alcalde,  v.   4:29-30;    Nov    1915, 
130-141;    Dec.  1915,  223-241;   Janu.  1916,  321-334;   Feb.  1916,  433- 
458;  March,  1916.) 
Eby,  Frederick 

See  Beaty,   J.  W. 


A  Source  Book  of  the  University  of  Texas  795 

Evans,  Cecil  Eugene 

The  Accrediting  of  High  Schools.     A  Reply  to  Horn,  P.  W.     (In 
Texas  School  Journal,  v.  34:17-18;   Feb.,  1917.) 
The  Father  of  the  University  rThomas  Dudley  Wooten].     (In  Alcalde, 

v.  2:1-12;   Nov.  1913). 
Fay,  Edwin  Whitfield 

Dr.    Callaway's   Twenty-fifth   Anniversary.     (In    Alcalde,    v.   4-758- 

760;  June  1916). 
George  W.  Brackenridge.     (In  Alcalde,  v.  1:96-102;    May  1913). 
First  Moot  Court  in  the  University  of  Texas.      (In  Alcalde,  v.  3:709- 

710;    May  1915). 
Fiset,  Franz 

Clarence   Heath   Miller:    An   Appreciation.      (In  Record,   v.   9:297- 
301;  January  10). 
Fitz-Hugh,  Thomas 

University   of   Texas   and   the   Austin   Municipality.      (In   Alcalde, 

v.  3;    Jan.   1898). 
University    of   Texas    In    Its    Relation    to    Our   High    Schools   and 
Colleges      (In  Texas  School  Journal,  v.  12:186-189;   June.  1894). 
Flanary,  Almonte  Byron 

College    Spirit    and    Athletics.      (In    Alcalde,    v.     4:142-146;     Dec. 

1915). 
Tribute  to  Walter  Lefevre.     (In  Alcalde,  v.  2:317-321;   Feb.  1914). 
Fletcher,  Thomas 

The  Department  of  School  Visitation.     (In  Texas  School  Journal, 
v.   34:19-22;    Sept.,    1916.) 
Garrison,  George  Pierce 

University  of   Texas   Thus   Far.     (In   Record,   v.   8:261-279;    Dec. 

1908). 
University   Traditions.      (In   Record,   v.    3:112-118;    June,   1901). 
Garrison,  George  Pierce  et  al. 

James  B.  Clark  Memorial.     (In  Record,  v.  9:125-152;   June,  1909). 
Garrison    Dinner    (The).      (In   Record,    v.    9:330-339;    Jan.    1910). 
Goodwin,  John  Edward 

University   Library.      (In    Alcalde,   v.    2:857-863;    Aug.   1914). 
Gould,  Robert  Simonton 

Constitutionality   of   Legislative   Appropriations   for   the   Mainten- 
ance of  the  University.      (In  Record,  v.  3:124-133;    June,  1901). 
Gregory,   Thomas  Watt 

Clarence  Heath  Miller;    Eulogy  at  the  Grave.      (In  Record,  v.  9: 

301-302;    Jan.    1910). 
Tbe   Tarantula.      (In   Alcalde,   v.    2:694-704;    May,   1914). 
Hadra,  Dr.  Berthold  E. 

[A  page  biography  of  Regent  Hadra.]     Front  page,  Transactions 
State  Medical  Association,  1900. 


796  University  of  Texas  Bulletin 

Hall,  Claude  V. 

Sketch  of  the  Life  and  Work  of  Joseph  Baldwin.     (In  Texas  School 
Journal,  v.  27:6-11;   Oct.,  1909). 
Halsled,  George  Bruce 

Memories  of  a  University.     (In  Alcalde,  v.  3:1-5;   Nov.   1914,  153- 

157;  Dec,  1914.     264-266;  Jan.  1915,  v.  4:109-113;   Dec,  1915). 
Suggestions   For   Preparation    in   Mathematics   to   Enter   the   Uni- 
versity.    (In  Texas  School  Journal,  v.  5:95-97;  April,  1887). 
Hamilton,  Dexter 

Woman's  Building  and  the  Man  Who  Made  It  Possible.      (In  Al- 
calde, v.  5:191-196;  Jan.,  1917). 
Harkey,  Walter  George 

College  Life  in  the  University  of  Texas.      (In  Texas  School  Jour- 
nal, v.  12:297-300;  Sept.,  1894.) 
Harper,    Henry   Winston 

John  William  Mallett.     (In  Record,   v.  11:494-495;    March,  1913). 
John  William  Mallett.     (In  Alcalde,  v.  1:17-24;    April,   1913.) 
Organization  of  the  Graduate  Department.     (In  Record,  v.  9:181- 
191;    June,   1909). 
Harper,  Henry  Winston  et  al. 

Frederick   William    Simonds.      (In    Alcalde,    v.    3:451-479;    March, 
1915). 
Hertzberg,  Hans  Reginald  Rudolph 

Walter  Lefevre.    (In  Alcalde,  v.  2:321-323;    Feb.  1914). 
Hogg,  William  Crawford 

His    [James   E.   Ferguson]    Own  Words  to  Discover  His    Motives. 
(In   Alcalde   v.    5:697-721;    Aug.,   1917.) 
Hogg,  Alex 

Smith  Ragsdale,  the  Teacher.    (In  Texas  School  Magazine,  v.  11: 
17-18;  Jan.  1909). 
Horn,  Paul  Whitfield 

The    University    and    the    Classification    of    Schools.    A    Reply   to 
Musselmann.     (In  Texas  School  Journal,  v.  34:28;   Jan.,  1917.) 
Houston,   David  Franklin 

Inaugural    Address.      (In   Record,   v.    7:58-82;    June,    1906). 
Humphreys,  Milton  W. 

The  Genesis  of  the  University  of  Texas.      (In  Alcalde  v.   1:5-14, 
109-116,  246-252,  339-348;  1913). 
Impeachment  of  the  Governor  of  Texas  and  the  "University  of  Texas. 

(In   School  and   Society,  v.   6:165;    Aug.   11,  1917). 
Inauguration  of  David  Franklin  Houston,  LL.  D.,  as  President  of  the 
University  of  Texas,  April  18-19,  1906.      (In  Record,  v.  7:4-9,  31- 
82;  June,  1906). 
Inauguration  of  Robert  Ernest  Vinson  as  President.     (In  Alcalde,  v. 
5:97-115;    Dec.  1916). 


A  Source  Book  of  the  University  of  Texas  797 

Installation  of  Sidney  Edward  Mezes.      (In  Record,  v.  8:245-295;    Dec. 

1908). 
Johns,  Clement  Read 
See  Sneed,  S.  G. 
Kennedy,  Austin  M. 

The  University  and  the  A.  and  M.  College.    (In  Alcalde,  v.  2:386- 
388;    Feb.  1914). 
Lane,   Franklin  L.  et  al. 

President  S.  E.  Mezes.      (In  Alcalde,  v.  2:115-120;    Dec.  1913). 
Lefevre,  Arthur 

Henry  Winston  Harper.      (In  Alcalde,  v.  2:541-556;    April,  1914). 
Lewis,  Yancy 

The  Constitution   and   the  University.      (  In   Record,   v.   4:415-422; 

Dec.  1903). 
The  University.     (In  Record,  v.  5:336-351;   July,  1904). 
Lightfoot,  Jewel  P. 

A  University  Ruling   In  1911.     A  Tax  For  the  University  and  A. 
and  M.    Is  Constitutional.    Editorial  Thereon.     (In  Texas  School 
Journal,  v..  28:26;    Feb.,  1911). 
Loeb,  Jacques 

Professor   Norman   As    I    Knew   Him.      (In   Alcalde,   v.   2:232-233; 
Jan.  1914). 
Lomax,   John  Avery 

The  Legislature  and  the  University.      (In  Record,  v.  3:360;    Dec. 

1901). 
The  New  Library  Building  of  the  University  of  Texas.   (In  Texas 
Magazine  [Houston],  v.  3,  No.  4,  Feb.  1911). 
Longhorn,  1914.     A  University  Football  Record.     24pp.,   illustrated. 
McCaleb,  Walter  F. 

The   Impeachment  of  the   Governor.    (In   Outlook,   v.   117:201-202; 
Oct.   10,   1917). 
Mallett,  John  William 

Recollections  of  the  First  Year  of  the  University.    (In  Alcalde,  v. 
1:14-17;  April,  1913). 
Martin,    Victor 

The    End    of    the   Bear   Fight.      Description    of    the    Ferguson    Im- 
peachment.     (In  Alcalde,  v.  6:28-31;   Nov.,  1917). 
Joseph    D.    Sayers:     Friend    of    Education.      (Alcalde,     v.     6:3-6; 
Nov.   1917). 
Mezes,   Sidney  Edward 

The  amendment.      (In   Texas   School    Journal,   v.    30:27-29;    June, 

1913). 
Discipline  in  the  University  of  Texas.      (In  Alcalde  v.   2:463-470; 

March,  1914). 
The   Hogg  Organization.      (In  Record,  v.    11:161-165;    Jan.    1912). 
Inagural    Address.      (In    Record,   v.    8:282-296;    Dec.    1908). 


798  University  of  Texas  Bulletin 

Musselman,   H.    T. 

The  University  of  Texas  and  Texas.     (In  Texas  School  Magazine, 

March,  1913). 
The  Place  of  a  State  University  in  the  Life  of  a  State.     (In  Texas 

School  Journal,  v.  34:23-26;  Sept.,  1916.) 
An  Epoch-Making  Saturday  Afternoon  in  Texas.     [Refers  to  Action 
of    the    Texas    State   Teachers'    Association    in    Relation    to    the 
Affiliations  of  High  School  by  the  University.]      (In  Texas  School 
Journal,  v.  34:12-13;   Dec,  1916). 
The    New    Education    Building   of   the   University   of    Texas.     (In 
Texas  School  Journal,  v.  34:17;    June,  1917.) 
New  Members  of  the  University  Faculty.      (In  Texas  School  Journal, 

v.   17:623-625;    Sept.   1899). 
Noble   Example.     (In  Alcalde,  v.  3,  No.   6;   Dec.   25,  1897). 
Our   State   University.      [University  of  Texas  vs.   Dr.    Dabney].      (In 

Texas  Presbyterian,  Aug.   10,  1894). 
Parker,  Edwin  B. 

George  W.  Brackenridge.     (In  Record,  v.  10:331-335;  April,  1911). 
Payne,  Leonidas  Warren 

Report    of   Correspondence    Division   of   the   University   of   Texas. 
(In  Texas  School  Magazine,  v.  15,  No.  9,  Feb.,  1913). 
Penick,  Daniel  Allen  et  al. 

John  Robert  Sitlington  Sterrett.     (In  Alcalde,  v.  2:899-904;   Aug. 
1914). 
Phillpott,  W.  A.,  Jr. 

How    the    Curtain    Club    Was    Born.      (In    Alcalde,    v.    5:283-289; 
March,  1917). 
Polk,  Sam 

The    Press    and    the   University.      (In    Alcalde,   v.     6:32-35;     Nov. 

1917). 
Texas  Men  Go  to  War.      (In  Alcalde,  v.  6:36-43;   Nov.  1917). 
Porter,  Milton  Brocket t 

Charles  Durand   Oldright.      (In  Record,   10:323-324;    April,   1911). 
[W.   L.   Prather]    The   New   President   of  the  University.      (In   Texas 

School   Journal,   v.    17:696-697;    Nov.    1899). 
Prather  Memorial  Addresses.      (In  Record,  v.   6:263-297;    June,   1906). 
Primer,   Sylvester 

The  Alpha  Chapter  of  the  Phi  Beta  Kappa  Society  in  the  State  of 
Texas.     (In  Record,  v.  6:107-113;  Aug.,  1905). 
Dr.   Sylvester  Primer,   1842-1912,   Tributes  to,      (In  Alcalde,   v.    1:114- 

145;   May,  1913). 
Sylvester   Primer,     1842-1912,     Tributes     to.     (In    Record,    11:491-494; 
March,  1913). 


A  Source  Book  of  the  University  of  Texas  799 

Pritchett,  Henry  Carr 

Dr.  Joseph  Baldwin's  Life  and  Character.     (In  Texas  School  Mag- 
azine, v.  3:5-8;  Feb.,  1900). 
Proctor,   Venable   B. 

The  Choosing  of  the  Colors.      (In  Alcalde,  v.  2:46-47;   Nov.  1913). 
Professors  of  Law  in  the  State  University.     (In  the  Texian,  v.  2:144- 

154;    1886). 
Publications   by  the   Faculty,   1908-1914. 

1908  (In  Record,  v.  9:116-129;   Jan.  1909). 

1909  (In  Record,  v.  10:69-73;    April,  1910). 

1910  (In  Record,  v.   10:238-243;    Jan.  1911). 

1911  (In  Record,  v.  11:179-185;   Jan.  1912). 

1912  (In  Record,  v.  11:511-518;   March.  1913). 

1913  (In  Alcalde,  v.   2:377-382;    Feb.   1914/). 

1914  (In  Alcalde,  v.  3:590-595;    April,  1915). 
Representation  of  the   Medical   Department   in  the   Spanish   American 

war.     (In  Record,  v.  1:139-143;   April,  1899). 
Resignation  of  President  Mezes.     (In  Alcalde,  v.  3:131-138;  Dec.  1914). 
Resolutions  of  the  Beard  of  Regents  on  the  Death  of  Dr.  T.  C.  Thomp- 
son.     (In  Record,  v.   l:'62-64;    Dec.  1898). 
Robinson,  Albert  Jackson 

The   University   Interscholastic   League.      (In   Texas   School   Jour- 
nal, v.  32:24;   Feb.,  1915). 
Rollins,  Hyder  and  Butler,  Pierce 

Morgan  Callaway.      (In  Alcalde,  v.  3:227-234;    Jan.  1915). 
Sheppard.  Morris 

The  University  of  Texas.   (In  Texas  School  Journal,  v.  12:214-215; 
July,    1894). 
Shurter,  Edwin  DuBois 

Debating  at  the  University.     (In  Alcalde,  v.  2:736-740;   May,  1914). 
Simonds  Frederic  William 

Dr.  Joseph  Baldwin.     (In  Record,  v.  1:181-182;   April,  1899.) 
Reminiscences   of   a   Quarter   of   Century.      (In   Alcalde,   v.    3:435- 
451;   March,  1915). 
Smith,  Allen  J. 

The  Medical   Department  and  the  Galveston  Storm.      (In  Record, 

v.  3:53-66;  March,  1901). 
Some  Memories  of  the  Medical  Department  in  its  Beginning.     (In 

Alcalde,  v.  3:741-750;  July,  1915.* 
Some  of  the  Needs   of  the  Medical    Department.      (In   Record,    v. 
1:42-48;  Dec,  1898). 
Sneed,  S.  G.  and  Johns,  Clement  Read 

No   Sales  or  Leases  of  University    Lands.      (In    Texas    Review,    v. 
1:93-94). 


800  University  of  Texas  Bui  lei  in 

The  University  and  A.  and  M.  College.     (Ibid.,  p.  127. 

Instability  of  Permanent  and  Available  Funds  of  State  University. 

(Ibid.,  pp.  226-233). 
Texas  University,  a  monthly  magazine.     (Ibid.,  p.  305). 
Messing  System  at  the  University.     (Ibid.,  p.  319). 
The  University  lands:      How  They  Sould   Be  Leased.      (Ibid.,  pp. 

458-459). 
The  A.  and  M.,   Medical   Department,  and   the  University   Should 

Have  Separate  Boards  of  Regents.     (Ibid.,  pp.  460-461). 
Action    on   University    Fund.      (Ibid.,    pp.    472-473). 

Agricultural   and   Mechanical   College — Quotation   From   Senator 
Pfeuffer's    Speech    Defending   the    College    in    the     Legislature     of 

1885.     (Ibid.,  pp.  433-436). 
University  Lands  and  Funds — the  State  Should  Hold  the  Univer- 
sity Lands  in  Perpetuity.      (Ibid.,  p.  535-538). 
Social  Life   in  the  University  of  Texas.      (In  Alcalde  v.   2:783-789; 
May,  1914). 
Somerville,  Henry  Chambers 

Dr.  George  P.   Garrison.      (In  Texas  School  Journal,  v.  28:15-16; 
Dec.  1910). 
Sowers,  William  Leigh 

The   Curtain   Club.      (In   Alcalde,   v.    5:609:618;    May,    1917). 
State  Land  Board. 

Report  to  the  Nineteenth  Legislature.  Jan.  1,  1885.     Austin.     13p. 
Report,  Dec.  1,  1886.     Austin.     9p. 
State  School  of  Methods  and  University  Summer  School.      (In  Texas 
School   Journal,   v.    16:6-7;    Feb.   1898.     V.   16:44-45;    March,   1898. 
V.  16:150-152;  May,  1898). 
State  University.     (In  the  Texian,  v.  2:137-144;    1886.) 
Harry    Peyton    Steger,    Tribute    to.       (In    Alcalde,    v.    1:27-31;    April, 

1913). 
Street,  Robert  G.  et  al. 

The  Funeral  of  Judge  Robert  S.  Gould.     (In  Record,  v.  6:185-224; 
Feb.,  1906). 
Student  Life.      (In  Alcalde,  v.  5:688-694;    May,  1917). 
Students'    Association    Constitution.     (In    Record,    v.    4:355-364;    July, 

1902). 
Summer  University  School.      (In  Alcalde,  v.  3,  No.  13,  Feb.  12,  1898). 
Sutton,  William  Seneca. 

The   Assault   on    the   University   of   Texas.      (In    Educational   Re- 
view, v.  54:390-409;  Nov.  1917). 
The  Democratic  Platform  and  Education.     (In  Texas  School  Mag- 
azine, v.  17:11;   Sept.,  1914). 
Ideals    of    the    University    of    Texas    School    of    Education.       (In 
Texas  School  Journal,  v.  33:33-34;  Nov.  1915). 


A  Source  Book  of  the  University  of  Tea  801 

The  New  President  of  the  University  of  Texas.     (In  Texas  School 

Journal,  v.  33:30;    June,  1916). 
The   New   President   of   the   University.     (In    Alcalde,    v.725-734). 

June,   1916). 
Study  of  Education  at  the  University  of  Texas.    ( In  Texas  School 

Magazine,  v.  2:5-7;  Feb.,  1899). 
The  University  and  the  Affiliated  Schools.     (In  Texas  School  Mag- 

aine,   v.   2:5-6;    March,   1899). 
William  Lambdin  Prather.    (In  Texas  School  Magazine,  v.  9:7-10; 
March,    1906). 
Taylor,   Thomas   Ulvau 

James  B.   Clark  As   I   Knew  Him.      (In  Alcalde,   v.   2:42-46;    Nev. 

1913). 
George  P.  Garrison  As  I  Knew  Him.      (In  Alcalde,  v.   1:307-315; 

Aug.,  1913). 
Jim  Hogg  and  the  University.     (In  Alcalde,  v.  6:7-19;   Nov.   1917). 
The  Old  Alcalde  As  I  Knew  Him.    (In  Alcalde,  v.  2:145-154;    Dec. 

1913). 
Frederic    William    Simonds.      (In    Alcalde,    v.    3:479-484:     March, 

1915). 
The   Varsity   code   duello.      (In   Alcalde,   v.   2:338-348;    Feb.    1914; 

v.  2:533-466,  March,  1914). 
Dr.  Leslie  Waggener  As  I  Knew  Him.    (In  Alcalde,  v.  5 : 2 1  l'-i'i':: : 
March,  1917). 
The    T.    U.    Taylor    Quarter-Centennial    Celebration.      (In    Alcalde,    v. 

1:189-228;    June,  1913). 
Terrell,  Alexander  Watkins 

G.   W.    Brackenridge.      (In   Record,    10:324-330;    April,    1911). 
George  W.   Brackenridge.      (In  Alcalde,  v.   1:103-108;    May,  1913). 
Terrell,  Dick  O. 

Judge  W.  S.  Simkins.     (In  Alcalde,  v.  5:591-596;  May,  1813.) 
Terrill,  James  J. 

The  Medical   Department.      (In  Record,   v.   S: 312-316;    Dec.    1908). 
Texas.     Department  of  Education. 

Amendment  to  the  State  Constitution  to  be  voted  on  July  19,  1913. 
(In   Texas   School   Journal,  v.   30:27-29;    June,   1913). 
Texas.     Legislature.     House  of  Representatives. 

Joint   Resolution   No.   34.     Amendment   to   the   Constitution.      (  In 
Texas  School  Journal,  v.  32:12-13;   May,   L915). 
Texas    School    Journal. 

[Editorials,    Notes,   and    Comments]. 
Baldwin,    Joseph,   v.    17:445-446;    Feb.    1899. 
Changes  in  the  University,  v.  15:224-231;  June,  L897. 
Editorial  approving  appointment   of  John    W.    Hopkins   as   visitor 
of  schools,  v.  22:397-398;   Feb.,  1905. 


802  University  of  Texas  Bulletin 

Future    of    the    State    University.      [An    attack].     V.    12:135-138, 

203-207,   239-245;    April,  June,  and  July,  1894. 
The   Ji  in  i  a]   and  the  University.     May,  1894;    pp.   168-169. 
Library    Science    Course    in    the   University    of   Texas,    v.    21:822; 

Dec.   1903. 
Loan  of  $125,000  to  the  University,  v.  6:160;   June,  1888. 
Northrup,  E.   F.,  v.  14:350-351;   Sept.,  1896. 

Objections    to    Proposed    Discontinuance    of    the    School    of    Peda- 
gogy, v.   4:64;    Feb.',  1S96. 
Pedagogy    in    the   University,   v.    14:100-103;    March,    1896,    v.    14: 

146-148;    April,   1896. 
Preliminary  Announcement   of  the  University  of  Texas,   v.  1:140- 

145;   July,  1S93. 
Governor  Roberts  and  the  U.  of  T„  v.  1:215;    Oct.  1883. 
A   School  of  Education    Building  for   the  University   of  Texas,  v. 

32,   Xo.  5;   Jan.  1915). 
[Stedman.   N.    A.]     For  President  of   the  University,  v.   14:102-104; 

Mareh,   1S96. 
University  Notes,  v.   13:427;    Oct.,  1895,   v.   14:265;    July,   1896,  v. 

17:764-765;    Jan.,  1900,  v.  18:7-8;   Feb.,  1900,  v.  18:43-44;    March, 

1900.  v.  20;  June,  1902,  v.  21;   Feb.,  1901,  v.  22;   Oct.,  1904,  v.  22; 

Dec,  1904,  v.  22:   No.  8;  Feb.,  1905,  v.  22;  No.  9,  March,  1905,  v. 

22;   No.  10,  April,  1905,  v.  30:43-46;    Sept.,  1912. 
University    of    Texas — Tenth    Biennial    Report    of    the    Board    of 

Regents,  v.  20:299-304;   Dec,  1902. 
What  Dr.  Mezes  Went  To,  v.  32-28;  Jan.,  1915. 
Texas  School  Magazine. 

[News   Notes    and    Editorials] 
Death  of  Dr.  Baldwin,  v.  2:19-20;   Feb.,  1899. 
Our  State  University,  v.  9:16;    Sept.,  1906. 
Ten   Years  of  Progress  in  the  University  of  Texas,  v.   3:10;   Feb., 

1900. 
The  Texas  University,  v.  1:17;  March,  1898. 
The  University  and  Its  Needs,  v.  1:22;  Feb.,  1899. 
The  University  of  Texas,  v.   3:17-18;    July-Auguest,   1900,   v.  5:17- 

18;    Jan.  1903. 
Townes,  John  C.   et  al. 

Geo.    P.    Garrison    Memorial.       (In    Record,    v.     10:177-195;      Jan. 

1911). 
Truehart,  Charles  W. 

The    Curtain   Club.      (In   Record,   11:293-296;    May,    1912). 
University  of  Texas.     Board  of  Regents. 

Statement  of  the  Board  of  Regents  of  the  University,  urging  the 

adoption  of  the  amendments  to  sections  49  and  52  of  article  3  of 

the   State   Constitution   on   July   19,   1913.      (In    Texas    School 

Journal;  May,  1913. 


A  Source  Book  of  the  University  of  Texas  803 

University   Colors.      (In  Record,   v.   2:53;    Jan.    1900.      Ibid.,   188,   202- 

203;    June,  1900.) 
University  Hall,  Galveston.      (In  Record,  v.   1:36-39;    Dec.   1898). 
Vining,  Will 

A  Few   Pages   From  the  History  of  Varsity.      (In  Alcalde,   v.    4: 
178-181;  Dec.  1915). 
Vinson,  Robert  E. 

The.  University  and  the  Public  School  System  of  Texas.     (In  Pro- 
ceeding of  the  Thirty-ninth  Annual  Meeting  of  the  Texas  State 
Teachers'  Association,  37-39,  1017. 
The  University  and  the   State:      Inaugural  Address.     (In  Alcalde, 

v.   5:108-115.) 
The  University  and  the  People  of  Texas.     (In  Texas  School  Jour- 
nal, v.  34:9-12;   Sept.,  1916. 
Waggener,  Leslie 

Extracts  from  the  address  of  Chairman   Waggener  at  the  formal 
opening  of  the  State  University,  Oct.  1,  1888.     (In  Texas  School 
Journal,  v.    6:278-279;    Oct.   1888). 
The  University  of  Texas.     (In  Texas  Journal  of  Education.    Nov. 

1890). 
A  Real  University.      (In  Texas  School   Journal.     Sept.  1887). 
The  University  and  the  Agricultural  and  Mechanical  College.     (In 

Texas  Review,  v.   1:502-510;    1885-86). 
The  University  of  Texas.      (In  Texas  Journal  of  Education,   Gal- 
veston.    V.  2:101-104;    Nov.  1890). 
Dr.   Leslie  Waggener.     In  Texas  School  Journal,  v.  14:351-352;    Sept. 

1896. 
Williams,   Dan 

Student  Life.     (In  Alcalde,  v.  5:817-819;   Aug.  1917). 
Wilson,  William  H. 

Recollections    of    Dr.    R.    L.    Dabney.      (In    Alcalde,    v.    2:415-432; 
March,  1914). 
Winkler,   Ernest  William 

The  University  of  Texas  and  College  Hill.     (In  Alcalde,  v.   5:36- 
39;  Nov.  196). 
Winston,  George  Tayloe 

Department  of  Pedagogy  in  the  University  of  Texas.      (In  Texas 

School    Journal,    v.    15:231;    June,    1897). 
The  Education  of  Women  in  the  University.     (In  Record,  v.   1:1- 

10;   Dec,  1898.) 
The    Relation    Between    the    University    and    the    Public    Schools. 

(In  Texas   School   Journal,   v.   15:15-18;    Jan.    1S*.»7>. 
The  University  and  the  Public  Schools.     (In  Texas  School   M 
zine,  v.  1:5-6;    Jan.  1899). 


804  University  of  Texas  Bulletin 

The  University  of   Texas.      (In   Texas   School   Journal,   v.    14:332- 
333;    Sept.   1896). 
Dr.    Geo.   Tayloe   Winston.      (In  Texas   School    Journal,   v.   14:473-474; 

Dec.   1896). 
Winston,  James  E. 

The  Rank  of  the  University  of  Texas  among  Southern  Educational 
Institutions.     (In  Texas  School  Journal,  v.  34:17-19;  Sept.,  1916. 
Wooldridge,  Alexander  P. 

A  History  of  the  Location  of  the  University  of  Texas  at  Austin, 
Texas.      (In  Alcalde,  v.  2:26-41;    Nov.  1913). 
Woolen,    Dudley  Goodall 

An  argument  in  favor  of  a  Constitutional  amendment  making  the 
Regents  of  the   University  and   the  directors   of  the  A.  and  M. 
College   of   Texas    elective   by    the    people.      (In    Current    Issue, 
March,  1901). 
Young,    Stark 

A  Texas  Pogrom.     (In  New  Republic,  v.  12:45-47;   Aug.  11,  1917.) 


A  Source  Book  of  ih,  University  of  Texas  805 


STATISTICAL  TABLES 

The  figures  given  in  the  following  tables  are  the  latest  available, 
those  for  the  Eighteenth  Biennial  Report  of  the  Board  of  Regents 
not  having  been  completely  compiled  at  the  time  that  this  Source 
Book  went  to  press.  In  certain  cases,  the  figures  that  will  appear  in 
this  Report  are,  however,  to  be  found. 

Tables  III,  XII,  XIII,  XIV,  XVI,  XIX,  XX,  and  XXI  may  be  said 
to  be  new.  The  labor  involved  in  extracting  some  of  them  from 
the  old  records  and  in  critically  correcting  the  records  where 
faulty,  has  been  quite  considerable. 


806 


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TABLE  IV 
AGES  OF  STUDENTS  OF  -MAIN   UNIVERSITY— LONG    SESSION 


^ear. 

Arts 

Engineering 

Law 

Main 

Men 

Women 

Both 

Men 

Both 

Men 

Both 

Men 

Women 

Both 

19.1 

84-85 

IS. 7 
19.2 

22.0 
22.4 

20.3 
21.1 

17.5 
17.4 

19.6 

85  86 

Mr. 4 

86-87 

20.7 

87-88 

20.3 
20.3 

18.2 
17.7 

19.9 

88-89 

S9-90 

20.6 

90-91 

20.2 

99-00 

22.0 
22.3 
20^9 
21.1 
21.0 
20.9 

21.0 

OO    J) 

20.0 
20.7 
21.0 
20.9 

24.0 
24.9 
23.4 
23.4 
23.7 
23.0 

0°-0fi 

20.9 
20.9 
21.0 
20.  f 

20.7 
21.0 
21.0 
21.0 

•20.8 
21.0 
21.1 
21.2 

23.4 
23.4 
23.2 
22.9 

23.1 

12-13 

13-14 
14-15 
15-16 

21.6 

21.8 

21.5 

21.0 
21.1 

21.3 

21.4 
21.  • 

21.4 

TABLE  T 
NATIVITY     OF    STUDENTS 


Year 

Main  University 

Medical  Department 

Foreign 

Foreign 

! 

Texas 

Other 

Coun- 

Not 

Total 

Texas 

Other 

Coun- 

Not 

Total 

States 

tries 

Given 

States 

tries 

Given 

01-02 

672 
636 
653 
852 

173 
1.66 
155 

119 

16 

18 

17 

9 

3 
12 

12 
S 

864 
832 
837 

988 

02-03 

03-04 

235 

04-05 

89 

22 

9 

134 

247 

05-06 

1090 

150 

16 

6 

1262 

108 

23 

4 

150 

285 

06-07 

1150 

183 

24 

65 

1422 

83 

18 

3 

167 

271 

07-08 

1352 

192 

16 

1560 

96 

17 

1 

166 

280 

08-09 

1298 

214 

16 

9 

1533 

223 

40 

3 

34 

300 

09-10 

1277 

239 

18 

32 

1566 

215 

43 

8 

31 

297 

10-11 

1422 

222 

20 

13 

1677 

179 

40 

7 

36 

262 

11-12 

1523 

265 

17 

0 

1807 

151 

43 

6 

31 

231 

12-13 

1776 

316 

24 



2116 

223 

6 

8 

13 

250 

13-14 

1856 

369 

27 

2 

2254 

237 

10 

18 

11 

276 

14-19 

1854 

381 

37 

15 

2287 

205 

41 

4 

39 

289 

15-16 

2020 

359 

44 

11 

2434 

213 

45 

8 

29 

295 

16-17 

2205 

1633 

370 

269 

48 

40 

8 

2623 
1955 

17-18 

A  Source  Book  of  the  University  of  T<  a  as 


811 


TABLE   VI 
RESIDENCE  OP  LONG  SESSION  STUDENTS 


Year 

Main  University 

Medical  Drpurtment 

Texas 
Coun- 
ties 
Repre- 
sented 

Texas 

Other 
States 

Foreign 

Total 
number 

.if 
Sin 
dents 

Texas 
Coun- 
ties 
Repre 

sented 

Texas 

Other 
States 

1 

Total 

numher 
of 
Stu- 
dents 

83-84 

100 
119 

136 
•145 
128 

131 
145 
149 
153 
169 

176 
176 
173 

176 
175 

172 
194 
195 
212 

184 

221 

• 

221 
209 

19> 
245 
250 

278 
309 
283 

:;  15 
328 

355 
447 
482 
163 

M 

594 
648 

84-85 

208 
195 
241 
249 

275 
302 
279 
362 
324 

343 
439 
470 
453 
530 

581 
626 

793 
S49 
814 

819 
956 
1225 
1378 
1522 

1489 
1532 
1621 
1746 
2038 

2187 
2208 
2340 
2.544 
1900 

1 

4 
1 
1 

3 

6 
1 

1 

12 
8 
12 

0 

10 

18 

22 
20 
14 
17 

15 
26 
31 
38 
32 

41 
33 
56 
55 
67 

50 
66 
82 
71 
46 

85-86 

86-87 

87-88 

88-80 

89-90 

1 

90-91 

91-92 



22 
23 

127 

182 
24S 
28« 
255 

202 
219 
192 
244 
254 

233 
245 
281 

1 
1 

23 

92-93 

i 



25 

93-94 

127 

94-95 

1 

183 

95-96 

?48 

96-97 

1 

1 

9 
3 

3 

2 

28S 

97-98 

98-99 

99-00 

i 

i 

i 

20". 

00-01 

813 

864  -    . 

192 

01-02 

1 
1 

3 
6 

e 

6 
6 

3 

1 

6 

11 

11 
13 
12 
8 
9 

1 

245 

02-03 

832 

837 
988 

1262 
1422 
1560 

1533 
1566 

1677 
1S07 
2116 

2254 
2287 
2434 
2623 

102 

91 

93 
105 
96 
97 

108 
102 
74 
89 
88 

93 
97 

no 

254 

03-04 

2 
2 

4 

235 

oi  05 

217 

05-06 

285 

06-07 

271 

07-08 

280 

08-09 
09-10 

297 
294 
255 

224 
243 

264 

268 
271 

2 
3 

7 
6 

7 

12 

23 

21 

l 

300 
297 

10-11 

262 

11-12 
12-13 

l 

13-14 

14-15 

15-10 

16-17 

17-18 

1955 

"Main  and   Medical. 


Nil' 


University  of  Texas  Hull' I'm 


□ 

I 

03 

a 

a 
s 

o 
l- 

i    i    i.—.—    i        i    i    i    i    i      op  ■via  u>  ©      i-»-—. 
iii               i          iiiii        T  -»■  -t  -»■  ■«!•       "*  «D  CO 

>. 

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!  i   :«£  !          i   !   i   ! 

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£ 

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1       i       .  ,2  ►T       I             I       I      1       1       1          -r  CO  0 1  C  C- 1         CO  ICO  CO      1      I 

1   i    i     S3    !       I    I    i    i    !                                       !    '. 

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xi 
o 
M 

220 

228 
461 

400 
4-22 

415 
367 
494 
027 
652 

612 
586 
601 

093 
880 

917 
965 

1029 

1137 

781 

>> 
o 

Q      i      i  io  <g  O0        i-i      i      i      i      1            1 Q  I-  CO  Hj 

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IIiiii             lllll             iiiii             1  m  IS  r-i  CM 
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.1  Soura   Book  of  I  In   University  of  Texas 


813 


TABLE  VIII 
CHUK<H    AFFILIATIONS    AND    PREFERENCES 

Main    University 


81-92 
02-86 
93-91 
94-95 
99-00 
02-03 
03-04 
04-05 
05-06 
06-07 
07-08 
OS- 09 
09-10 
10-11 
11-12 
12-13 
13-14 
14-15 
15-16 
16-17 
17   L8 


06-07 
07-08 
08-09 
09-10 
10-11 
11-12 
12  13 
13-14 
14-16 
10  16 


S 
76 
75 
91 
120 
126 
221 
:•:'.!  i 
268 
362 
440 
467 
487 
485 
462 
511 
616 
686 
712 
755 
797 


a 

84 

75 
90 

r<5 

131 
133 
151 
213 
231 
278 
254 
264 
337 
312 
384 
413 
427 
426 
543 
306 


o 

c 

J3 

«- 

« 

a 

o 

JO 

o 
u 

c 

03 

ft 

00 

"B 

a 

— 

■i 

eu 

&*j 

O 

67 

41 

42 

8 

64 

28 

39 

9 

55 

35 

41 

11 

92 

41 

52 

11 

73 

62 

49 

13 

111 

89 

76 

18 

122 

80 

67 

20 

146 

107 

82 

36 

1*1 

145 

110 

48 

208 

155 

132 

58 

"<i7 

156 

141 

65 

251 

155 

136 

61 

266 

169 

155 

58 

228 

169 

151 

63 

330 

175 

167 

81 

365 

194 

186 

87 

898 

203 

194 

82 

860 

212 

183 

86 

366 

240 

203 

91 

392 

234 

233 

107 

294 

160 

178 

94 

Medical  Department 


a 

OS 

O 

3 

6 

4 

6 

5 

5 

2 

7 

8 

6 

13 

11 

21 

11 

26 

16 

35 

21 

30 

23 

23 

23 

28 

25 

21 

19 

26 

30 

35 

31 

35 

48 

47 

52 

57 

39 

66 

43 

63 

45 

46 

31 

19 

10 

11 

1 

4 

3 

85 

22 

18 

9 

7 

3 

1 

64 

52 

32 

18 

10 

8 

2 

82 

57 

35 

17 

13 

10 

8 

73 

57 

35 

17 

13 

8 

5 

68 

45 

34 

11 

10 

9 

4 

61 

32 

28 

9 

5 

5 

4 

67 

39 

27 

10 

14 

5 

2 

89 

56 

38 

16 

w 

10 

S 

9'2 

70 

31 

14 

30 

8 

- 

S 

a 

a 

s 

u 

a 

o 

: 

s. 

y. 

3 

52 

7 

2 



49 

4 

53 

16 

20 

136 

25 

128 

tl 

115 

52 

•X) 

57 

90 

41 

99 

29 

L07 

39 

13 

87 

45 

71 

95 

36 

7:; 

56 

<•' 

152 

.7, 

123 

67 

90 

54 

71 

90 

84 

v; 

47 

76 

7!' 

55 

62 

365 

328 

355 

447 

643 

S32 

837 

988 

1262 

1422 

1560 

1533 

1566 

1677 

1807 

2116 

2254 

2287 

2434 

2623 


Note.     In  certain  years  both  the  "not  given*'   and   "no  preference"  groups  seem    to 
have   beei   regarded    as    one  group    and    given    under    a    single    bead. 


814  University  of  Texas  Bulletin 

lOh-jiaO'i  -3  o  ©  *—  ci  -*  <-i  iuMMonciciNHnmMOiif  i;i-o)-c  r. 
H  h  O  h  H  i-  SSSh  0>i-0«  tl»n5nOft  J.lirtHfiTi  &  ©  co  ro  —  ci  og  £ 

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csi  ©  «  m  Tts*  jj  ©  in  ci  ©  co  ci  ci  cc  jg  -  .-*  — • 


1KS33 


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A  Source  Book  of  the  University  of  Texas 


815 


TABLE  IX.— Continued 
OCCUPATIONS  OF  PARENTS  OK  GUARDIANS  OE  STUDENTS 


Medical  Department 

1907-08 

1909-10 

1910-11 

1911-12 

1912-13 

1913-14 

l'JH-13 

Agriculture   and   Stockraising 

38 
11 
25 
2 

63 
16 

43 
4 

71 
Li 

54 
4 

69 

j. 
50 
1 

9 
46 

1 

56 
7 

46 
3 

68 
9 

57 
2 

96 

9 

87 

94 

12 
82 

M  see  la 

1 
1 

2 
2 

1 
1 
25 

3 
3 

1 
2 

47 
3 

28 

1 

6 
4 
2 

42 
2 

22 
1 
5 
1 
1 

•I 
8 
5 
3 
34 

2 

(i 

4 

2 

33 

2 
7 
5 
2 

2 
18 

1 

3 
3 

"""5 

28 

0 

4 

4 

1 
19 

3 

S 

13 

IS,           21 
2 

30 

Real  Estate  men —     - 

Insurance  men 

1 
1 

1 

1 

6 
1 

I 

2 

1 

1 

8 

r> 

2 

- 
5 

0 

1 
6 

1 
■r> 
5 
3 
1 
2 

3 
3 

■ 

4 
5 
1 

3 

- 
9 
1 
2 

1 

10 
12 

3 
1 
2 

11 

7 
0 

to 

8 

o 

8 

11             3 

9 

Clerical   and    other   service, __ 

3 

2 

1 

3 

1 
2 

12 

9 

3 

1 
2 

55 
6 

34 
3 
9 

1 
1 

7 
32 

3 
10 

Public  Service --  — 

Professions 

1 
27 

2 
14 

3 

8 

1 

1 

28 
6 
8 

4 
50 

4 
30 

5 

7 

I 

2 

4 
5! 

7 
29 

7 

8 

1 
1 

4 

.  I 
g 

33 

7 
9 
2 
2 

4 

10 
35 

7 
13 

4 

4 
"1 
9 

4« 

9 

15 

Publishers  and  Newspapermen.. 

1 

3 

3 

4 

4 

Retired 

14 

Miscellaneous 

1 

141 

1 

1 
75 

1 
58 

1 
89 

1 

Not  given 

17-! 

27 

Total 

280 

300 

297 

202 

Note.    Other   occupations,    widows,   and  retired  frequently  included   in  "Not  given." 


816 


University   of   Texas   Bidhlin 


TABLE  x 

MODES  OF   ADMISSION 

Main    University— Long   Session 


Year 

From 

Other 

Colleges 

From 
Affil- 
iated 
Schools 

From 
approved 
Schools 

By 

Teacher's 
Certifi- 
cate 

[       By 
By      '  Individ- 
Exam-  |      nai 
ination    Approval 

By" 

Other        Total 
Modes 

05-96 

2 

55 
136 
169 
252 
375 
305 
329 
229 
339 

143 
166 
252 

■.'5", 
258 
281 
365 
•'83 

47 

161 

388 

370 

567 

668 

697 

792 

884' 

893 

390 
470 

492 

m 

498 
549 
578 
463 

IS 

46 
62 
59 
39 
56 
92 
121 
96 
75 

2 

5 
1 
4 
5 
8 
9 
5 

64 

47 

:ie 

127 
64 
71 

71 

19 

89 
84 

202 

01-02 

358 

02-03 

41 
28 
66 
92. 
67 
PI 
53 
36 

15 
.11 
37 
36 
40 
34 
S8 
21 

832 

03-04 

837 

04-05 

988 

05-06 

1262 

06-07 
07-03 
0S-09 
09-10 

10-11 

127 

134 

" "" 

1 422 

131 

92 

59 

13 
10 

8 
3 
9 
16 
12 

103 
178 
151 

122 
128 
182 
163 
146 
128 
131 
65 

3 

1 

13 

1560 
1533 

1566 

685 

810 

12-13 

13-14 
14-15 
15-16 
16-17 
17  18 

7 
S 
6 
4 

978 

945 

956 

1013 

1137 

849 

Xote:  The  figures  for  1895-96,  1901-2,  1910  to  1917  include  NEW  students  only. 
The  figures  1902-03  to  1909-10  include  ALL  the  students  new  and  old.  The  figures  for 
1904-05  and  1905-06  exhibit  no  admissions  by  individual  approval:  evidently  those 
admitted  on  individual  approval  were  counted  as  coming  from  other  colleges  or 
affiliated  schools. 

TABLE   XI 
NUMBER   OF  AFFILIATED   SCHOOLS 


Group  I 

Group  II 

Oroup  III 

Vear 

Total 

From  14%  units  up 

From  11  to  14  units 

From  8  to  10%  units 

1S85-86 

4 

Itemized  neither  bv  su 

bject  nor  units. 

86-87 

11 

Itemized    neither    by    subject    nor  units. 

87-88 

15 

Itemized    neither    by   subject    nor    units. 

88-89 

23 

Itemized    neither    by    subject    nor    units. 

89-90 

21 

Itemized    neither   by    subject    nor   units. 

90-91 

25 

Itemized    neither   by   subject   nor   units. 

91-92 

31 

Itemized    neither   by    subject   nor   units. 

92-93 

37 

Itemized    neither   by   subject    nor   units. 

93-94 

45 

Itemized   neither   by   subject    nor    units. 

94-95 

56 

Itemized    neither   bv  subject    nor    units. 

96-96 

62 

Itemized  by  subjects,   not  units. 

96-97 

63 

Itemized   by  subjects,    not  units. 

97-98 

75 

Itemized  bv  subjects,    not  units. 

98-99 

84 

Itemized   by  subjects,   not   units. 

99-00 

90 

Itemized   bv   subjects,   not   units. 

1900-01 

98 

itemized  by  subjects,   not  units. 

01-02 

93 

Itemized  by  subjects,    not   units. 

02-03 

97 

Itemized   by  subjects,   not  units. 

03-04 

99 

Itemized   bv  subjects,    not  units. 

1 

04-05 

99 

Itemized   bv  subjects,    not  units. 

05-06 

no 

After   this    vear,    itemized   bv    subjects    and 

units. 

06-07 

128 

37 

52 

39 

07-08 

129 

19 

40 

40 

06-09 

139 

65 

45 

29 

09-l» 

139 

87 

36 

15 

10-11 

137 

71 

48 

18 

11-11 

148 

94 

42 

12 

12-1S 

155 

110 

38 

7 

13-14 

164 

115 

38 

11 

14-15 

175 

129 

29 

17 

15-16 

188 

143 

28 

17 

16-17 

203 

165 

20 

IS 

17-18       System    of    University    affiliation    discontinued. 


818 


Unit  the  University  of  Texas 


817 


STUDENT  REGISTRATION   (R)   IN  TjNIT;    CLASSIFIED    BV    SUBJECTS    INTO    i'RLSHMAN, 
SOPllO.MOKJNIVERSITY,  long   session. 


1915-1916 

Subject 

n  eshman 

Total 

Freshman 

Sophomore 

Upper 

Total 

R 

11 

R 

H 

R 

il 

R 

II 

R 

•' 

R 

11 

7       285 

il 

372 

112 

3 
3 

289 
225 

75 
367 
142 
379 
818 
1549 
251 

71 
S86 
621 

42 
757 
182 
250 
184 
188 
275 
284 
165 
273 
378 
3 

27 

8 

296 

230 

6 

20 
hi 
17 
8 
10 
6 
6 
8 

9 
7 
7 
7 
9 
3 

23 
4 
6 

12 
3 
3 
4 

10 
3 
3 
5 
6 
8 

146 

I 

6 

807 
228 

524 

445 

1708 

4  6 

1271 

5481 

1046 
840 

1587 
731 
367 

2904 
2fi0 
268 
825 

2018 

372 

217 

1591 

543 

3 

27 

8 

1S96 

964 

15 

1 

78        u 

14!»|         24 

28          8 

45, 

1325         36 

84            •> 

45          18 

151           21 

110          19 

143           9 

496          35 

78           9 

18           « 

94          10 

..:        12 

.  l 

12        572 

22 

1417 

4 

3» 

27 

13      38<i 
17     2735 
r6       48S 
3       459 
20     1239 

19 
26 
16 
23 
31 

34 

183 

7- 

2fi07 

712 

721 

1050 

4 
6 
10 
6 

46 

French. 

37 

120 

841 

26 

76 

11  l 

7       260 
9     1092 

17 
24 

182 
1651 

6 
9 

2.' 
53 
12 

latin                .-  ... 

1Q8 

L2      637 

9     2150 

20 
2] 

5-17 

17*;: 

4 
6 

29 
18 

24 

12 

'»        117 

12 

88 

52 

146 

17 

15 
13 

1.; 
3 

18 

16 

6      1230 
3       429 

14 

18 

1172 
148 

3 
1 

'.'.-! 

14 

3 

3 

;„ 

(il 
73 

6 

17 

5 

5      1031 
13       257 

15 

21 

L538 
661 

6 

1 

is 

in  17 

• 

51    13962 
10       822 

308 

i  it.:: 

77 

8726 

227 

3937 

346 

2761C 

Department  of  Education 

L6 

667 

<i 

420 

12 

537 

38 

1624 

50 

1.15 
227 

54 

6 

4 
3 

1 
1 

81 
291 

7 
7 

0 

2 
4 

136 
566 

31 

4)1 

79 

25 
20 

20 

352 
1083 
308 
441 
188 

38 

12 

5 

15       773 
8       477 
14        120 

6         55 

2:: 
12 
15 
10 

31 

5 
23 

Mechanical   Engineering 

5 

Department   of  Engineering-.. 

17 

13      1425 

80 

68f 

15 

372 

.... 

1252 

66 

2312 

12      2964 

86... 

2220 

14 

2763 

49 

4988 

68 

MAIN  UNIVERSITY 

1114 

6    19173 

420 

HMis 

101 

11738 

275 

8489 

431 

86686 

874 

1 

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A  Source  Book  of  the  University  of  Tt  xas 

TABLE  XIII 
SUBJECT  REGISTRATIONS  IN   PERCENTAGES 

Main  University,  Excluding  Law 


819 


Subjects 

1885-86 

1890-91 

1896-96 

1900-01 

1905-06 

1910-11 

1915-16 

15.7 

17.6 

15.8 
1.6 

14.9 
4.1 

16.9 
2.6 

18.5 
2.4 

17.8 

1.7 

English    and    Public    Speaking 

15.7 

17.6 

17.4 

19.0 

19.5 

20.9 

19.5 

4.3 
9.2 
8.6 
6.3 
3.9 

4.0 
8.7 
7.0 
7.0 
0.9 

5*4 

4.6 
7.6 

5.8 
2.8 

5.4 
5.1 

<;.."> 

2.0 
4.1 

1.6 
3.9 
7.6 
3.0 
6.3 

0.7 
3.3 

4.6 
2.9 
6.2 

0.8 

2.1 

5.2 

3.4 

6.1 

0.1 

Foreign  Languages  

32.3 

28.1 

26.2 

23.1 

22.4 

17.7 

17.7 

9.6 

7.6 

7.7 

11.3 

10.5 

12.4 

9.5 

3.2 

1.5 

4.0 

2.3 

0.9 

2.9 

5.8 

2.4 

7.3 

7.2 

1.2 

0.7 

Philosophy   and   Psychology... 

6.3 

4.3 

2.0 

1.8 

0.7 

1.7 

1.9 

5.!' 
3.9 

,    ,, 

2.7 

19.8 

16.3 

11.2 

13.7 

13.3 

8.7 

0.6 

S.6 

1.4 

5.5 
3.6 

•2.5 
3.2 

1.8 
3.5 
2.8 
7.6 
1.6 

2.2 
3.2 
2.9 

4.:: 
4.3 

1.8 

9.0 
2.9 
8.6 
0.8 

c.o 

3.3 
7.6 

2.8 

5.4 

2.7 

5.4 

5.2 

3.1 

14.6 

21.3 

19.7 

16.2 

17.3 

16.9 

18.2 

Biblo 

0.7 

1.3 

1.7 

0.8 

0.9 

5.4 

9.7 

5.3 

5.1 

4.3 

6.1 

0.3 

4.5 
1.6 
2.4 
0.2 

1.0 

0.5 
1.3 

2.4 
2.4 

1.5 
1.3 
0.4 

2.4 
1.7 
0.1 

4.8 
2.9 
0.8 
0.3 

2.7 

Drawing       _.    

1.0 

1.8 

0.4 

Engineering    

1.8 

4.E 

3.2 

4.2 

8.8 

9.0 

6.6 

100.1 

KM)    1 

100.0 

99.9 

100.0 

100.1 

99.8 

Total   Registration   in   thirds 

1910 

3297 

5472 

9982 

16,207 

22,475 

31.7S5 

Note:  Registration  figures  obtained  mainly  from  Faculty  Reports.  For  188.V 
80,  they  were  obtained  from  Student  Registration  Book:  for  1903-06  in  part  from 
Class  Rolls.  The  counts  made  from  the  OlaSfl  Rolls  in  (lie  RecMrar's  office  usually 
differ  slightly   from    the    School    Reports    of    the   Faculty   Reports. 

52—227 


822 


University  of  Texan  Bulletin 


TABLE    XV 
NUHBEIi   IN    THE    FACULTY 


Teaching   Positions 

i»85-8Ci 

1890-91 

1895-96 

1900-01 

1905-00 

1910-11 

1916-10 

Main  University — 

Professors    

Associate  Professors  _.  -    

7 
3 

8 
2 
5 

5 
6 

7 

16 

17 
6 
4 

19 
9 
15 

40 

17 
31 

10 

15 

18 

27 

27 

43 

88 

3 

2 

4 

12 

28 

36 

59 

Total  Professors  and  Instruc- 

13 

17 

22 

39 

55 

79 

147 

3 

6 

7 
17 

7 
22 

16 
32 

22 

95 

Total     Tutors,     Quizmasters 

9 

24 

29 

48 

117 

Total  teaching  staff 

13 

17 

31 

6? 

84 

127 

264 

Medical  Department — 

9 

9 

9 

10 

3 

11 

2 

3 

9 

9 

9 

13 

18 

Instructors   

4 

7 

9 

10 

13 

Total  Professors  and  Instruc- 
tors - _. 

13 

16 

18 

23 

29 

6 

5 

2 

8 

Total  teaching  staff 

19 

16 

23 

25 

37 

Whole  University — 
Total   Professors   and  Instruc- 
tors  

13 

17 

35 
15 

55 
24 

73 
34 

102 
50 

176 

Total  Tutors,  Quizmasters  and 

125 

Total  teaching  staff 

13 

17 

50 

79 

107 

152 

301 

Main    University — 
Library    Staff: 
Salaries    above   $600 

1 
3 

1 

4 

2 

3 
3 

4 

2 

7 
25 

3 

4 

7 
32 

6 
3 

1 
3 

5 
3 

9 

30 

5 
2 

7 

37 

13 

Salaries   below  $600 

10 

Physical    Training    Staff: 
Salaries    above    $600 

| 

Salaries   below   $600 

Administrative    Staff: 
Salaries    above    $600 

1 

1 

1 

4 
2 

6 

17 

S 
2 

5 

22 

15 

Salaries    below    $600. _    . 

7 

Total  non-teaching  staff.. 

Medical  Department- 
Library,  Administrative,   Bus! 
ness    Staffs,    etc.    (All    non 
teachers.) 

Salaries    above   $600 

Salaries    below    $600 

Total   non-teaching    staff 

1 
2 

1 
2 

1 
2 

2 
1 

3 

5 

13 
64 

7 
3 

10 

Whole   University- 
Total    non-teaching    staff 

2 

2 

7* 

Note:    Special  positions  in  Extension,   Economic 
omitted.    Firemen,    janitors,   laborers,   pages,   etc., 


,  Geology, 
omitted. 


and  Municipal  Bureaa 


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A  Source  Book  of  the  University  of  Texas 


323 


TABLE   XVI 

NUMBER    OF    STUDENTS    IN    LONG   SESSION    IN    RELATION    TO    NUMBER    OF 

TEACHERS.     PROFESSORS    OF    ALL    RANKS,    INSTRUCTORS,    TUTORS,    \ND 

QUIZMASTERS     INCLUDED 


1885-86 

1890-91 

1895-96 

1900-01 

1905-06 

1910-11 

1915-16 

Whole  University 

Number    ol    Long    Session    Stu- 

199 

13 

15.3 

283 

17 

16.7 

730 

38 

19.2 

1005 

62 

16.2 

1547 

80 

19.3 

1939 

118 

16.4 

2724 
198 

Number  of  Students  per  Teacher 

13.8 

Main  University 

Number    ol    Long    Session    Stu- 

109 

13 

15.3 

283 
16.7 

482 

25 

19.3 

S13 
46 

17.7 

12G2 

62 

20.3 

1677 

95 

17.7 

2429 
169 

Number  of  Students  per  Teacher 

14.4 

Medical  Department 

Number    of    Long-    Session    Stu- 

248 
13 

19.1 

192 

16 

12.0 

285 

18 
15.3 

262 

23 

11.4 

295 

29 

Number  of  Students  per  Teacher 

10.2 

TABLE    XVII 
AVERAGES  OF  FACULTY  SALARIES 


Tear 


Whole  University 


85-86 
90-91 
95-96 
00-01 
05-06 
10-11 
15-16 


Full 
Professors 


Main 
85-86 
90-91 
95-96 
00-01 
05-06 

lo-n 

15-16 


University 


Medical  Department 

90-91   

95-96  

00-01   

05-06     

10-11   

15-16 


$3,857 
3,375 
2,964 
2,708 
2,808 
2,929 
3,092 


3,857 
3,375 
3,100 
2,704 
2,765 
2,021 
3,089 


Associate 
Professors 


$2,667 
2,500 
2,537 
2,333 
2,233 
2,230 
2,282 


2,667 
2,500 
2,537 
2,333 
2,233 
2,256 
2,291 


Adjunct  All 

Professors  Professors 


$2,000 
2,028 
1,786 
1,000 
1,867 


2,000 
2,028 
1,786 
1,900 
1,867 
1, 


$3,500 

2,800 
2,627 
2,541 
2,611 
2,406 
2,539 


3,500 
2,800 
2,570 
2.300 

2,114 
2,506 


All  Pro- 
fessors and 
Instructors 


$1 ,200! 
600 
1  ,237 
1,098 
1 ,223 
1,215 
1 ,828 


1,200 
600 
1.12S 
l.i! r.i 
1,244 
1,267 


2,  .Ml 
2,300 
2,032 
1,898 
1,874 
2,033 


2,989 
2,641 

1,870 
1,884 


2,722 
2,044 
2,889 
2,944 
3,100 


2,000 
2,200 


2,722 

2,944 


2,850 
2,727 


1,350 
1,014 
1,165 

1,023 


2,300 
2,100 

1,841 
1,9M 


824 


University  of  Texas  Bulletin 


TABLE   XVIII 

INCOME-AVAILABLE  FUND 

OPENING   STATEMENT,    DECEMBER    1,    1881 

Bonds  from  Permanent  Fund $34,464.34 

Premium  on  $26,155.97  of  bonds  sold -       6,338.41 

Opening:  balance  according  to  Comptroller  Brown's  ruling $39,802.75 

Transferred  to  the  Available  Fund,   September  21,  1883,  interest  on  bonds, 

according:  to  Comptroller  Swain's  ruling 86,950.94 

Final    Opening   Balance $126,753.69 

Notes:  After!  Dec.  1,  1881,  $51,152.09  was  spent  for  the  maintenance  of  the 
Agricultural  and  Mechanical  College  out)  of  the  Available  Fund.  For  the  same  pur- 
pose, $15,099.75  was  spent  before  Dec.  1,  1881,  out  of  the  Permanent  Fund,  making 
a  total  of  $66,251.84.  Similarly,  before  Dec.  1,  1881,  $14,844.76  was  spent  for  the 
maintenance   of  the  Prairie   View  Normal. 

INCOME,   MAIN  UNIVERSITY 

In    this    table   all   of   the   income    of   the  University    not   coming   from    Legislative 
appropriations    except    medical    student    fees    are    credited    to    the    Main    University. 


Tear 


Income 


Interest 
on  Bonds 


Interest 

on  Land 

Notes 


Lease 
of    Lands 


Student 
Fees 


Legisla- 
tive Appro- 
priation 


Miscel- 
laneous 


Nov.  30,    1881 

81-82   .. 

82-83    

83-84    

84-85    

85-86    

86-87    

87-88    

88-89   

89-90   

90-91    

91-92   

92-93    

93-94    

94-95   

95-96    

96-97    

97-flS   

98-99    

99-00   

00-01    ., 

01-03   

02-03    

03-04    

04-05    

05-06    

06-07    

07-08   

08-09 

09-10   

10-11    

11-12   

12-13    

13-14 

14-15   

15-16   

16-17    


126,753. 

23,205. 

68,604 

38,425 

42,089 

42.077 

44.725 

120.34-2 

49,355 

79,192 

123,873 

63,818 

73,888 

63,068 

71,926 

84,586 

106,701 

111,578 

135,047 

122,425 

139,316 

230,303 

204,564 

257,351 

249,407 

233,193 

216,987 

259,113 

268,415 

423,616 

421,465 

396,503 

537,540 

775,124 

464,033 

829,469 

837,460 


,185.00 
,104.22 


$23 
45 

24,687.00    11 
31 


$23 


,948.30 
,•270.0 
,162.30 
,112.00 
,267.00 
,268.60 
,768.60 
,371.10 
,868.60 
,195.00 
,728.60 
,152.20 
,828.00 
,828.60 
,928.60 
,895.00 
,895.00 
,895.00 
,895.00 
,365.00 
,905.00 
,985.00 
,873.35 
,047.55 
,405.00 
,148.33 
,517.50 
,586.00 
,586.00 
,586.00 
,586.00 
,586.00 
,586.00 


500.00 
058.08 
482.40 
237.55 
446.50 
945.57 
327.97 
334.23 
671.48 
319.93 
,993.72 
,823.64 
,791.53 
,191.19 
,382.91 
,469.98 
,547.02 
,621.35 
,363.87 
,393.27 
,611.80 
.929.11 
,763.68 
,955.18 
,656.98 
,453.73 
,201.51 
250.00 
163.06 
851.16 
123.66 
,852.43 
,135.16 
,360.30 
,595.87 


$20.00 


2,009.06 


451.20 

3,016.56 

7,050.30 

7,759.28 

15,823.60 

14,787.40 

17,186.54 

10,499.60 

9,027.00 

9,139.20 

34.810.21 

39,186.79 

54,670.74 

39,814.65 

57,161.62 

49,664.72 

79,205.44 

71,531.09 

77,338.90 

100,344.62 

106,720.60 

103,402.18 

112,193.17 

100,941.23 

134,505.06 

145,453.45 

147,709.89 

157,694.39 

171,273.30 

179,302.58 

186,002.69 


$2,680.40 

2,649.90 

2,570.00 

3,170.00 

3,268.00 

3,710.00 

3,830.00 

3,610.00 

6,340.00 

6,340.00 

7,050.00 

3,390.00 

4,604.00 

4,180.00 

5,195.00 

5,885.00 

6,855.00 

7,752.00 

11,350.04 

10,508.51 

11.426.56 

12,935.95 

17,289.06 

19,626.35 

20,891.76 

21,969  Gfi 

19,847.83 

23,047.14 

25,353.88 

32,625.52 

34,343.43 

33,167.89 

36,383.60 

39,253.73 


75,000.00 


1,495.50 


25,000.00 

50,000.00 

10,000.00 

23,500.00 

7,500.00 

24,989.75 

22,500.00 

32,500.24 

32,500.00 

40,000.00 

40,000.00 

40,000.00 

135,000.00 

65,000.00 

140,000.00 

125,000.00 

81,250.00 

61,250.00 

105,500.00 

10!-  ,009.00 

240.400.00 

240,000.00 

201,430.95 

333,000.00 

558,105.09 

235,343.80 

586,617.77 

615,628.85 


17,000.00 


398.20 

10.00 

1,239.13 

144.00 

15~343.63 

100.00 

464.37 

369.17 

860.31 

818.04 

646.34 

32,029.32 

1,233.00 

827.71 

495.50 

1.643.57 

1,526.97 

4,218.90 

3,393.12 


/  niversity  of  Texas  Bulletin 


A  Source  Book  of  the  University  oj  Texas  821 


DEGREES    CUNF 


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A  Source  Book  of  the  University  of  Texas 


825 


TABLE  XVIII— Continued 

INCOME,    MEDICAL    DEPARTMENT 


To 


March  1,    1891 

1891-92    

92-93    

98-94    

94-95     . 

95-96     

96-97 - 

97-98     - 

1898    

98-99    

99-1900     

1900-01     - 

01-02     

02-03     

03-04     

04-05 

05-06     — 

06-07    

07-08     

08-09    

09-10    

10-11     

11-12     

12-13    

13-14     

14-15     

15-16    

16-17    — 


Total 


$131,649.55 
24,520.00 
24,790.00 
39,100.00 
37,325.00 
46,045.00 
47,105.00 

44  ,675.  00 

38,500.00 
40,821.90 
4S, 160.00 
80,713.46 
49,636.00 
46,000.59 
59,660.81 
55,822.46 
58,117.50 
56,806.30 
58,131.30 
59,453.90 
64,236.50 
61,887.90 
72,486.60 
90,498.82 

1»>,078.S* 

97,307.02 


Fees 


Appropriation 


$2,520.00 
2,790.00 
3,400.00 
6,125.00 
7,545.00 
8,555.00 
6,175.00 
-I 


5,321.90 
6,660.00 
5,145.00 
0,490.90 
6,225.00 
6,640.25 

8,867.50 
7,556.30 
7,881.30; 

8,986.50' 
6,637.90 
7,236.60 
7,586.50 
9,005.03 


$105 


S3 

31 
88 
38 
88 
38 
35 
ii 
7"' 
4o 
39 
48 

4> 

4'.' 
4'. 

60 
50 

.V, 

65 
09 
100 

i  •_';> 


000.00 

000.00 
000.00 

700.00 
200.00 
600  00 
500.00 
500.00 
500.00 
500.00 
500.00 
563.00 
000.00 

006.66 
006.60 
000.00 
000.00 
000.00 
000.00 
000.00 
000.00 
000.00 
000.00 
194.91 


Miscellaneous 


$26,649.55 


50.00 


5.46 

3,145.10 

12.70 

6,018.90 

526.40 
260.00 
250.00 
250.00 
250.00 
250.00 
250.00 
250.00 
13,912.32 
751.05 


626 


University  of  Texas  Bulletin 


TABLE  XIX 

EXPENDITURES    MAIN    UNIVERSITY,    INCLUDING    $51,152.09    SPENT    FOR    THE 

MAINTENANCE   OF  THE  AGRICULTURAL  AND  MECHANICAL   COLLEGE, 

OUT  OF  THE  AVAILABLE  FUND,   DURING  THE  YEARS  1881-1900 

The  Maintenance  column  includes  all  betterments  and  increases  to  plant  other  than 
Buildings  and  even  includes  some  expenditures  for  buildings.  Betterments  and  Main- 
tenance are  not  distinguished  in  the  accounts  and  summaries  of  the  University. 


Year 


Total 


Buildings 


Salaries 


Main- 
tenance 


Mineral 

Survey , 

Economic 

Geology 


Extension 


1881-82 
82-83 
83-84 
84-85 
85-88 
86-S7 
87-88 
88-89 
89-90 
90-91 
91-92 
92-91 
98-94 
94-95 
95-90 
96-97 
97-98 
98-99 

09-1900 

1900-01 
01-02 
02-03 
03-04 
04-05 
06-06 
06-07 
07-08 
06-09 
09-10 
10-11 
11-12 
12-13 
13-14 
14-15 
15-16 

1916-17 


$15 

46 

121 

60 

63 

61 

53 

122 

66 

88 

99 

90 

67 

69 

79 

76 

128 

114 

155 

134 

1S6 

227 

266 

250 

195 

249 

277 

256 

351 

470 

410 

516 

615 

624 

629 

890 


160.37 
,827.37 
,792.49 
,503.11 
,821.58 
,872.61 
,627.63 
,263.47 
,705.45 
,161.43 
,176.63 
057.14 
.111.18 
164.47 
860.38 
627.16 
579.99 
743. S3 
166.94 
736.87 
848.45 
555.31 
832.31 
421.86 
818.37 
831.04 
060.49 
791.47 
084.91 
407.37 
216.03 
291.93 
483.08 
950.12 
759.71 
2S0.90 


$1,409.17 
38,042.70 
28,428.62 


49,444.19 
28,099.75 
23,327.80 
35,779.02 
7,000.00 


20,520.72 
17,171.78 
30,324.38 


17,209.03 
59,531.45 
77,518.84 
26,411.92 


49,414.66 
71,813.22 
27,572.28 
84,339.44 
179,832.01 
K3.699.19 
77,522.15 
3S,996.31 
11,612.28 


224,330.95 


27,516.53 

52,166.43 

43,854.45 

39,679.07 

41,030.66 

46,817.38 

47,137.06 

49,589.62 

56,733.59 

57,874.93 

43,331.95 

62,044.75 

62,393.85 

63,775.04 

75,404.00 

71,434.48 

104,542.90 

103,356.84 

116,623.31 

115,850.96 

128,678.31 

136,715.66 

142,727.00 

153,188.15 

157,543.13 

174,771.83 

195,773.06 

202,042.66 

240,275.69 

284,988.77 

360,491.48 

409,984.57 

424,724.98 

446,124.45 


$13,751.20 
8,784.67 
65,847.34 
8,336.68 
19,967.13 
22,193.54 
12,596.97 
26,001.90 


120 
160 
129 
135 
145 


3,292.66 
12,430.91 
12,612.71 
14,986.95 

8,919.35 


3,840.51 
6,811.57 
11,771.97 
13,427.51 
16.362.6S 
26.51S.42 
25,016.43 
26,020.96 


64.35 

2,695.07 

5,290.68 

6,520.65 

19,686.04 

38,735.67 

46,864.16 

44,472.63 

47,920.90 


Note:     To   balance,   the  years  1889-90,   1800-91,   must  be  taken   together. 

Note:  Included  in  the  maintenance  column  are  the  following  amounts  appro- 
priated for  the  support  of  the  Summer  School,  which  to  the  summer  of  1918  has 
been   a  half    public,    half   private,   enterprise. 

1897-93    $  1,000.00 

98-99    906.31 

90-00    9-17.68 

1900-01  1,524.64 

01-02       1,780.90 

02-03    1,952.20 

06-04    2,023.51 

04-05    2,626.39 

»5-Ofl 4.062.99 

06-07    - —  3,925.95 

07-08 4,001.28 


08-09    4 

09-10    —    4 

10-11    .- 4 

11-12    6 

12-13    9 

13-14    12 

14-15    -  12 

15-16 12 

16-17   17, 

189S-1917  109, 


,505.08 

.825.62 
,537.70 
,512.65 
,100.03 
,746.29 
,392.73 
,4S1.79 
5.32.44 
496.18 


A  Source  Book  of  flu  I  niversity  of  Texas  B2'J 


TABLE   XIX— Continued 
EXPENDITUKES,    MEDICAL   DEPARTMENT 


Total 


Salaries 


Maintenance 


Buildings 


To   March   1,    1891— 

March  1,  1891-92 

March  1,   1892-93 

March  1,   1893-94 

March  1,   1894-95 

March    1,  1895-96 

March  1,   1896-97 

March   1,  1897-98 

September  1,  1898— 
September  1,  1898-99. 
September  1,  1899-00. 
September  1,  1900-01. 
September  1,  1901-02. 
September  1,  1902-03. 
September  1,  1903-04. 
September  1,  1904-05. 
September  1,  1905-06. 
September  1,  1906-07. 
geptember  1,  1907-08. 
September  1,  1908-09. 
September  1,  1909-10. 
September  1,  1910-11. 
September  1,  1911-12. 
September  1,  1912-13. 
September  I , 
September  1,  1914-15. 
September  1,  1915-16. 
September  1,  1916-17. 


$120,185, 
23,777 
32,044 
39,585 
37,822 
48,764 
47,143 
45,886, 
20,322 
42,853 
43,887 
82,511 
62,803 
48,404 
59,202 
55,523 
58,539 
56,274 
59,641 
58,954 
63,336 
62,785 
68,099 
90,527 
105,828 
138,349 
129,263 
104,836 


$22,425.00 
23,900.00 
26,700.00 
26,700.00 
33,633.27 
37,236.19 
34,428.31 
17,097.69 
37,257.10 
37,154.97 
36,782.58 
39,257.37 
40,178.81 
42,399.33 
42,986.66 
46,014.67 
46,205.64! 
48,062.02 
50,111.66 
50,458.711 
50,641 .66 
52,691.66 
66,801.66 
59,561.41 
62,856.91 
66,317.39 
70,461.86 


352.43  .. 
144.30  — 

883.41  „ 

181.88    . 

907.46.. 
458.00.. 

221.71  .. 

,645.86  .. 

,408.11  .. 
,198.70 

,091.27 

,770.14 


$118,535.66 


17,527.10 

69,902.09 
1,584.12 

10,604.90 


TABLE   XX 
TOTAL    INCOME    AND    EXPENDITURE,    1883-1917 


v 

Main 
University 

Medical 

Department 

■Whole 
Ut'iversity 

$    i  a 

Total    Income    ...  

5  8,238,798.24 

$  1,817,410.47 

$10,056,208.71 

• 

I  1,063,016.52 
140,806.82 

2."  15,677.06 

[,099.61 

4,2.12.016.45 

81,182.78 

$  1,063,016.52 

2,245, 

636. 



Lease  of  Lands 

Stude.nl    7'Vo* ... . 

1,097.62 
1,579,210.60 

55,102.35 

Total 

B62.40 

?  8,135,593.45 

*  1.807.156.36 

S  9.912 

,7l'.t.8l 

;il.8C|$      237,298.78*  1.5»«. 710. 64 

I  739,18?  54      1  -IS! 

"1  ',250.15 

112 

Bureau  Economic  Geology 

$229,958.48 

$10,254.11 

$240, 

1,212.60 

Total    

■      < 

828 


University  of  Texas  Bulletin 


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A  Hand  Hook  of  the  University  of  Texas  829 

TABLE   XXTT 

UNIVERSITY   PERMANENT  FUND:    HISTORICAL   EXHIBIT 
First    Period,    1856-1865 

(No  Land  Sales  Prior  to  1858)  Receipts.      Disbursements. 

Land    Sales    and    Interest    on    Land    Notes    under    Act    of 

August  30,  1856,   General  Laws,    Sixth   Legislature,   Chap- 
ter 144 $175,267.32 

U.    S.    Bonds    and    Interest,    Act    of    February    11,    1858, 

General    Laws,    Seventh    Legislature,    Chapter    116 109,472.26 

Frontier  Defense,   Act   of  January  31,  1860,    General    Laws 

Eighth    Legislature,    Chapter    32 $109,472.26* 

Mileage  and  per  diem   of   Legislature,   Act  of  January  29, 

1861,   General   Laws,   Eighth  Legislature,   Special   Session..  9,768.62* 

Frontier  Defense,  Act  of  February  8,   1861,    General   Laws, 

Eighth  Legislature,  Chapter  19,   Special  Session 25,000.00* 

Contingent  Expenses  of  Legislature,  Act  of  January  9,  1862, 

General    Laws,     Ninth    Legislature,    Chapter    86 1.721. 401 

Transferred  to  State  Revenue  by  Comptroller,  May  30,  1863. 

Perhaps    justified   by   Act    of    February   9,    1861,    General 

Laws.    Eighth  Legislature,  Chapter  23,   Called  Session 40,000. 001 

Transferred    to    State    Revenue    by    Comptroller,    February 

28,   1865.    Perhaps   justified  by  Act  of   February  9,    1861. 

General    Laws,    Eighth    Legislature,    Chapter   23,    Called 

Session — -  74.804.481 

Transferred  to  State  Revenue  but  replaced  by  Comptroller's 

Certificate  of  Indebtedness,   June  8,    1865.    Perhaps   just i 

fled   by   Act  of  February   9,    1861,    General   Laws,    Eighth 

Legislature,    Chapter  23,    Called   Session,    and   by   Art   of 

December  16,  1863,  General  Laws,  Tenth  Legislature,  Chap- 
ter 52 10,300.41* 

Transferred    to    State    Revenue    and   replaced    by   Treasury 

Warrants   bearing   10  per  cent  interest.     Act    of  February 

9,    1S61 ,' General   Laws,    Eighth   Legislature,   Chapter  23, 

Called   Session  12,280.89* 

Surveying  and  selling  lands 1,641,45 

Balance,    June  8,    1865 .57 


Total $284,739.58  $284,739.58 

1.  Lost  to  the  Fund  because  of  investment  in  Confederate  bonds  or  use  In 
support   of  the  Confederacy. 

3.  Repaid  to  the  Fund  in  1866,  Chapter  167,  General  Laws,  Eleventh  Legislature. 
Interesl  ■  ■  -t    I    paid,   Chapter  27,  General  Laws,   Eighteenth   Legislature, 

$66,395.68  to   Permanent,    $45,104.22  to  Available  Fund. 

3.    Repaid    without    interest,    Chapter    27,    General    Laws,    Eighteenth    Legslature. 

Second  Period,   1865-1881. 

Receipts  Disbursements 

Bv    Land    Sales,   1865-1871... 

By    Land   Sales,    1874-1875 $  29,262.46 

Bv    Land    Sales,    187S  1876 86,387.29 

By    Land    Sales,    1876-1877 57,893.82 

Bv    Land    Sales,     L877   1878   63,795.97 

By   Land    Sales,    1S7S-1S?) 60,374.54 

Bt    Land    Sales,    L879  L880  -   67.930.38 

By   Land   Sales,    1880-1881 71,542.03 

By  Land  Sales  to   Dec.   1,   1881 3,582.06 


By  Land  Sales,  1874-1881  under  Acl  of 
April  8,  1874,  General  Laws,  Four- 
teenth   Legislature,   Chapter  48 $440,768.55   $440,768.55 

By    Profit   from   sale   of  Specie 

From  General  Revenue  49 

By    Bonds    Validated 134,1 

To  surveying  and  valuing  land $      9, 

To  selling  land — -  :  '00 

To  attorney   fees 

To  clerks  in  Treasurv  and  Land  Office     

To   locating   University,    1867 

To  the  Prairie  View  Normal '■"' 

To  the  A.    and   M.    College "'  ". 

To  premium  ou  bonds  purchased  ""7.90 

Total    Disbursements $    73.S4S.94    $    T 


830  University  of  Texas  Bulletin 

TABLE  XXII— Continued 

UNIVERSITY  PERMANENT  FUND:     HISTORICAL  EXHIBIT 

Second  Period,   1865-1881 

Balance- 
Bonds   purchased 332,435.66 

Bonds  validated — 134,472.26 

Cash    on   hand 986.51 

Permanent  Fund,  excluding  Land  Notes $  467,894.43  $  467,894.45 

Transferred  to  the  Available  Fund 34,464.34 

Total. $576,207.71  $  576,207.71 

Third   Period,    1880-1920 

1880                  1885  1890 

4%    State   Bonds $       200.00      $       200.00  $       840.00 

5%    State   Bonds 134, 472. 261      144,891.63  168,500.00 

5%    State    Bonds 75,400.00      

6%    State    Bonds 175,500.00        178,000.00  179,000.00 

7%    State    Bonds 63,000.00       200,000.00  201,000.00 

State   Bonds    $448,572.26      $523,OJl.63  $549,340.00 

Cash    10.300.412         2,359.80  19,860.75 

2  563.23 

Land   Notes    187 ',000.00       113,023.00  64,606.81 

Total $648,435.90      $637,474.43  $633,806.06 

1.  Bonds  validated  in  1866,  General  Laws,   Eleventh  Legislature,   Chapter  167. 

2.  Comptroller's  Certificate,  validated  in  1883,  Chapter  27,  General  Laws,  Eighteenth 
Legislature. 

1895                  1900  1905 

3%    State    Bonds — 51,000.00 

4' -o  State  Bonds 840.00         

5%    State    Bonds 347,700.00       351,700.00  354,700.00 

6%    State    Bonds 165,000.00       165,000.00  165,000.00 

7%    State   Bonds 63,000.00         63,000.00  26,000.00 

State    Bonds    $576,540.00      $579,700.00  $596,700.00 

Cash    1,693.45           2,998.73  738.14 

Land!    Notes     - 58,932.883       41,224.36  55,590.52* 

Total— ..$637,165.33      $623,923.09  $653,028.60 

3.  Good  and  bad  standing. 

4.  Good    standing   only. 

1910  1913 

3%    State   Bonds $216,000.00  $429,700.00 

5%    State   Bonds.. 365,100.00  173,900.00 

7%    State   Bonds 26,000.00  ... 

State  Bonds  - $607,100.00  $603,600.00 

Cash   55.46  22,8-35.89 

Land    Notes   .45,873.20  26,572.77 

Total $653,028.66  $653,028.86 


A  Source  Book  of  the  University  of  Texas 


831 


TABLE  XXIII 
LANDS:     ENDOWMENT 


Year 


1888 
1892 
1895 
1898 
1900 
1903 
1904 
1906 
1908 
1910 
1912 
1914 
1916 


North  Central  Texas 
Fifty  Leagues 
Granted  1839 


West  Texa9  Lands 

Two  Million  Acres 

Granted  in  1876  and  18S3 


Sales 


Leases 


Acreage 
Remaining 
Unpatented 


21,840 
19,085 
18,023 
16,326 
15,275 
14,311 
14,273 
14,401 
6,168 


Principal 
Unpaid 


Acreago 
Leased 


$68,120. 505 
61,714.72= 
5S,932.88B 
39,090.09 
41,224.36  | 
46,165.58 
48,150.47 
50,420.35 
47, 853. 29. 
44,254 
89,735.83 
27,765.26 
25,381.46 


92,157 
675,6808 
343,340s 
1,384,632 
1,490,962 
1,688,442 
1,689,402 
2,059,745 
2,073,825 
2,067,105 

2,067,105 
2,067,105 


Annual 

Lease 

Income 


$2,17 
9, ri- 
ll,430.60s 
40,409.46 
45,634.46 
69, 453.63 
72,567.44 
98,957.94 

io2,*v>.84 

121.828.29 

145,504.32 
156,083.92 
176,369.03 


Average  for  the  years  1884,  1885,  1886,  1S87.  The  lease  of  lands  began  In  188-1  under 
the  Act  of   April  12,  1883,   Eighteenth    Legislature,   General  Laws,   Chapter  88. 

''Average  for  the  years  1888,    1889,  1890,   1891. 

•Average  for  the  eleven  years,  1S84  to  1894  was  $7,669.57  annually. 

'Regents  given  control  of  University  lands  in  1895.  Twenty-fourth  Legislature, 
General    Laws,    Chapter   18. 

6Land  notes  in  good  and  bad  standing;  after  1895,  only  land  notes  In  good  standing 
listed . 

"Not  more  than  60  per  cent  in  good  standing  in  1892,  not  more  than  80  per  cent 
In   1895. 


832  University  of  Texas  Bulletin 

TABLE  XXIV 

ASSETS— SEPTEMBER  1,   1917 

Based  on   the  audit  of  Upleger  and  Falk,    Certified  Public  Accountants 

A.     PERMANENT    FUND:     ENDOWMENT 

State   Bonds - - $  625,600.00 

Land  Notes       23,117.21 

Cash   - 4,311.45—$  653, 028. 6« 

Donations: 

Littlefleld  Fund $25,000.00 

Charles  Durand  Oldright   Fellowship 11,000.00 

Peabody  Fellowship 6,000.00 

Sherley   Green    Fellowship 5,000.00 

I.   H.   Brackenridge   Scholarship - 5,000.00 

D.   A.    R.    Scholarship 4,000.00 

T.  F.  W.   C.    Scholarship 3,500.00 

Ballinger  Jack  Fund _ 1,000.00 

L.  G.  Bugbee  Loan  Fund 785.57 

Brown   University   Prize 505.00 

W.  J.  Bryan  Prize 427.92 

Chimes  Fund  289.44 

Ida  Hagerty  Fund — 10.00—$    62,517.93 

Permanent  Fund,  Cash  Assets $715,546.59 

Lands:   2,067,105  acres,  estimated  at $3,524,014.80 

B.     INVENTORY   OF   PLANT 

I.     LAND.     (AUSTIN  AND  GALVESTON) 

Main  University  Estimated  Value. 

Campus,  40  acres 1 $500,000.00 

Clark  Athletic  Field 5,000.00 

Brackenridge  River  Land 50,000.00 


Total  Austin  Land $555,000.00 

Medical  Department. 

College  Block $22,600.00 

Hospital  Block  39,550.00 

Brackenridge  Hall  Lots 7,600.00 

Total  Galveston  Land $69,750.00 

Total  Land  (Austin  and  Galveston) — £624,750.00 

II.    BUILDINGS 

Main  University 

Main  Building  $250,000.00 

Chemical  Laboratory 30,000.00 

Brackenridge  Hall  49,500.00 

Old  Power  House 7,000.00 

Sewer 2,598.00 

Woman's    Building    83,000.00 

Engineering   Building   84,000.00 

Green   House 2,000.00 

Law   Building   141,102.10 

Library  281,601.10 

New  Power  House 73,162.88 

Chemical   Magazine  500.00 

Steam    Tunnel    32,647.70 

Education  Building  172,091.15 

Shacks    48,598.86— $1,257,901.79 

Medical  Department 

Medical  College S  50,000.00 

John    Sealy  Hospital    335,000.00 

Woman's  Hospital 135.000.00 

Brackenridge  Hall    40,000.00 

Nurses  Home  90,500.00 

Isolation    Hospital    17,500.00 

Colored   Hospital  21,500.00 

Children's   Building   13,000.00 

Experimental  Station  17,500.00—$    720,000. Of 

Total  Buildings   $1,977,901.79 


A  Source  Book  of  tlie  University  of  Texas  833 


TABLE  XXIV— Continued 

ASSETS— SEPTEMBER  1,   1917 

Based  on  the  Audit  of  Upleger  and  Falk,  Certified  Public  Accountants 

B.     INVENTORY    OF   PLANT 

ITI.     EQUIPMENT  AND  APPARATUS 

Schools  and  Laboratories. 

Main   University: 

Agricultural  Education $2. 210. fin 

Applied  Mathematics 111.00 

Architecture 2,728.00 

Art  of  Teaching: 504.50 

Botany    15.S03.36 

Business    Administration     801.24 

Chemistry    __ _. 30.  I 

Civil    Engineering    13. 384. 30 

Drawing    1 __ 2,004.25 

Economics   and  Sociology 295.00 

Educational    Administration    298.00 

Electrical    Engineering     17,334.05 

English    428.30 

General    Literature    33.50 

Geology    8,352.58 

Germanic    Language    534.00 

Government    336.55 

Greek    8,584.66 

History     _ 

History  of  Education   281.00 

Home   Economics   6.4-      - 

Institutional    History 1—  1,260.00 

Journalism 10,074.84 

Latin    807.90 

Manual  Training  

Mechanical  Engineering  21,4 

Music    2,519.98 

Philosophy  of  Education 1.616.56 

Philosophy  and  Psychology 3,397.12 

Physics    41,236.45 

Public    Speaking    I 

Pure   Mathematics    134.75 

Romance    Languages    . 128.00 

Slavic   Languages   65.00 

Zoology 16,824.67 

Total _.. $206,157.65 

Library   $228,715.50 

Economic  Geology  Collection  20,000.00 

Zoology     Museum    10,000.00 

Heating    Equipment    —  53,532.18 

Water  System _ 8,200.00 

Furniture    and    Office   Equipment 86,827.89 

Total  Main  University  Equipment,  General  and  Special $613,433.22    $  613,438.22 

Medical  Department: 

Equipment,    Schools    and   Laboratories $  84,077.23 

Library   - -  16, 

Furniture  and  Office   Fixtures _ _ 25,111.76 

Total  Medical  Equipment,   General  and  Special „$126,71S.98    $  126,718.98 

Total   Equipment - $740,152.20 


834 


University  of  Texas  Bulletin 


TABLE    XXV 

GROWTH   OP  THE  LIBRARY 

Bound  Volumes 


Tears 

Purchase 

Gift  or 
Exchange 

Binding 

Total 
for    Year 

Grand 
Total 

1883-84    „        

1,200 

1884-85   

11,741 

1,572 

1,965 

2,138 

1,784 

1,677 

4,845 

3,242 

5,526 

4,060 

3,186 

5,247 

5,128 

4,956 

5,791 

7,596 

11,127 

10,411 

13,025 

13,212 

3,203 

1890-91     .      

6,000 

1891-92   

1895-96    

1896-97   

10,000 
15,770 
17.2111 

1897-98     

717 
745 
1,296 
1,386 
837 
1,089 
1,607 
1,669 
1,767 
2,430 
2,045 
3,083 
3,201 
3,264 
4,038 
3,908 
8,423 
5,015 
7,451 
9,907 

10.6742 

707 

424 

694 

640 

464 

2,691 

1,312 

3,008 

1,144 

874 

1,885 

1,307 

350 
120 
245 
58 
407 
124 
547 
261 
751 
486 
267 
779 
690 

28,952 

1898-99    

30,524 

1899-00 

32,489 

1900-01    _.     .     

1901-02    

34,627 
36,411 

1902-00    

1903-04    „     

1904-05    .     . 

38,088 
42,933 
46,175 

1905-09   

51,701 

1906-07    

55,761 

1907-08 

58,947 
64,194 

1908-09    

1909-10   

69,322 

1910-11    ...      . 

1911-12    

810                   659 
1,273  i                 482 
3,107                    581 
1,626                1,078 
3,430                1,966 
2,654  1             2,910 
1,590                1,715 

74,278 
80,069 

1912-13    

87,669 

98,792 

109,203 

122,228 

135,440 

1918-14    _. . 

1914-15   

1915-16  

1916-17    

aIn  the  "old"  accession  boot,  used  till  1897,  no  dates  are  given.  The  few  figures 
given  between  1883  and  1897  are  gleaned  from  early  Faculty  Reports.  The  figures  for 
1897-1917  have  been  carefully  prepared  by  Librarian  Goodwin,  are  for  the  fiscal  years 
ending  August  31,    and  represent  a  revision  of  previously  printed  Library  figures. 

'Sir  Swante  Palm's   gift   of  his  library  included  10,374  volumes. 


A  Source  Book  of  the  University  of  Texas 

TABLE  XXVI 


835 


REGENTS   OF  THE  UNIVERSITY 

Eight  administrators  of  the  University  were  appointed  in  1867. 
See  Note  to  J.  R.  23,  Eleventh  Legislature.  Eight  others  were 
appointed  in  1872,  eight  in  1873.  See  Note  to  Item  of  February 
13,   1873,  Thirteenth  Legislature. 

See  also  J.  R.  21,  Eleventh  Legislature,  for  the  fourteen  admin- 
istrators of  the  "East  Texas  University." 

President  of  the  Board  of  Regents 

Ashbel  Smith,  November  14,   1881  to  January  21,   1886. 
Thomas  D.  Wooten,  January  29,  1886  to  June  20,  1895. 

Chairmen  of  the  Board  of  Regents 

Thomas  D.  Wooten,  June  20,  1895  to  July  28,  1899. 

William  L.  Prather,  July  28,  1899  to  February  26,  1900. 

Thomas  S.  Henderson,  February  26,  1900  to  February  14,  1903. 

George  W.  Brackenridge,  February  14,  1903  to  June  6,  1904. 

Thomas  S.  Henderson,  June  6,  1904  to  January  9,  1911. 

Clarence  Ousley,  January  9,  1911  to  August  15,  1914. 

Fred   W.   Cook,   October   27,    1914    to  April   24,    1917.      (George 

W.  Littlefield  was  elected,  but  declined.) 
Wilbur  P.  Allen,  April  24,  1917  to  October  11,  1917. 
Fred  W.  Cook,  October  23,  1917  to  . 


Name. 


Alexander,    L.   C.    

Allen,  Wilbur  P 

Ball,  Frank  W. 

Bell,  James  H.  

Bonner,   John  T.   

Brackenridge,  Geo.  W. 
Brackenridge,   Geo.   W. 

Brents,    William   R 

Browning,    James    N 

Bryan,    Beauregnrl 

Burges,  William  H 

Butler,   James  W 

Cain,    Ben    B 

Oalvin,    E.    A. 

Camp,    J.   S. 

Chapman,  Henry  M 

Clark,  James  B 

Cook,   Fred   W .. 

Oowart,    Robert   E 

Crawford,    M.    L 

Devine,  Thomas  J.  _ 
Dibrell,  Joseph  B.  .. 
Dougherty,  William  H. 

Edwards,  Amasa  N 

Faber,  M. 

Faust,  Joseph   

Finley,  N.  Webster 

Fly,    A.    W.    

r\y,  A.  W 


Address 


Waco — 

Austin 

Port  Worth- 
Austin 

Tyler 

San  Antonio 

San  Antonio 

Sherman 

Amarillo 

Brenbam 

El  Paso 

Clifton 

Tyler 

Paris 

Gilmer -- 

Fort    Worth 

Ronham 

San  Antonio 

^nllas 

Dallas. — 

San  Antonio 

Seguin 

Gainesville 

Sulphur  Springs. 

Tyler 

Vew  Braunfels.. 

Dallas 

i  lalveston 

Galveston -•— 


When 
Appointed.    Expiration  of  Term. 


Dec.  22, 
Jan.  27, 
Feb.  6, 
April  1, 
Sept.  27, 
Nov.  27, 
Aug.  28, 
Dec.  6, 
'an.  27, 
Jan.  21, 
Jan.  19, 
Jan.  27, 
Jan.  27, 
Jan.  25, 
^ppt.  29, 
■Tan.  27. 
,far.  14, 
Jan.  19, 
Mav  IS. 
Mar.  2. 
Vprfl  i. 
ran.   19, 

April  1 . 
Ken.  3, 
April  5, 
Jan.  25, 
Jan.  20, 
July   13, 


188: 

1881 

I'M' 
1886 
1917 
191* 
190? 
1896 
1911 
1917 
1903 
1907 

1881 

190:? 
1883 
1911 
1893 
1882 
1881 
1911 
1917 
18«n 
I'M' 
l'Ml 
1907 
190! 
1917 


fanuary  9, 1887 
{esigned,  Oct.  11,  1911 
)ied  September,  1900- 

November  8,  1881 

Tanuary,  1911 - 

January,  1911 

Regent    now 

Regent  now  

January,    1907 

January,    1907 

May     4, 1914 


Governor 

Appointing 


Resigned  May  30,  1917. 

January,   ioo7. 

January,    1909. 

April   20,    1882 _ 

January,    1007 

June  20,  1885 

Regent  now 

January,    ioos . 

July   6,    1883 

March   i.  1882 

March  28.   I9ii._ 

Reirent     now I 

AugUBt    10,    1KS2 

1916  . 
September  90,  1913. 
Med   Sept. 

.   1917     I 
Senate  refused  confir-j 
matfon,    August   28. 
1917. 


Ireland 

Ferguson 

Hogg 

Roberts 

Campbell 

Ireland 

Hobby 

Ferguson 

i  anham 

<  hilberson 

Colquitt 

Ferguson 

I.anham 

Campbell 

Roberta 

Lanham 

Ireland 

Colquitt 

Rob<  rta 

Roberta 

Colquitt 

Hobby 

Roberta 

Ferguson 

Colquitt 

Campbell 
Ferguson 


836 


University  of  Texas  Bulletin 

TABLE  XXVI— Continued 


Name. 


Address. 


When 
Appointed.     Expiration  of  Term. 


Governor 
Appointing 


Garnett,  M.  W. 

Garwood,    Hiram    M.- 
Gary, Hampson 

Graham,  J.  Walter 

Gregory,  Thomas  W.  _ 
Greenwood,  Thomas  B._ 

Hadra,  Berthold  E 

Harrell,  David 

Harwood,  Thomas  W._ 
Henderson,  Thomas  S... 

Henry,   Will  T 

Hogg,   Win  O. 

Hubbard,   Richard  B... 

Johnson,  W.  A... 

Jones,   James  H 

Jones,  Samuel  J 

Kelley,   C.   E 

Kemp,  Joseph  A 

Kleberg,  Marcellus  B , 

Lanham,  Samuel  W.  T. 
Lawrence,  David  H 


Littlefield,  George  W... 
Love,  William  G 


Marsh,  Henry  B.      _ 

Marx,   M.   " 

Mathis,   John  M ._'. 

MeKinney,  Andrew  Todc 
McLaughlin,  James  W 
McReynolds,  Geo.  S. 
Ousley,    Clarence 
father,  William  L. 

Pressler,  James  M 

Ragsdale,    Smith 

Rose,   A.    J 

Sanger,   Alex    .    _  J  ~ 

Sealy,  John 

Sayers,  Joseph  D " 

Shephard,   Seth  . 
Simkins,  Eldred  J. 

Smith,   Ashbel __. 

Smith,  R.  Waverley 

Spencer,   Prank  M.__ 

Stark,    William   H 

Starr,  Amory  R 

Stedman,   N.   Alex 

Steiner,  Ralph 

Terrell,  Alexander  W.I 
Thompson,  Thomas  C. 
Throckmorton,  James  V 

Todd,   George  T 

Tucker,  James  P. 
Ward,  John  L 


Wooten,   Thomas  D... 


Houston 

Houston 

Tyler 

Austin 

Austin 

Palestine 

San  Antonio 

Austin 

Gonzales 

Cameron 

Dallas 

Houston 

Tyler 

Memphis 

Henderson 

Salado 

El   Paso 

Wichita  Palls 

Galveston 

Weatherford 

El  Paso 


Mar.  14, 
Jan.  — , 

Jan.  29, 
Sept.  20, 
Feb.  10, 
Jan.  25, 
Jan.  18, 
May  6, 
Oet.  21, 
Jan.  21, 
Nov.  19, 
Aug.  22, 
April  11, 
Oct.  2, 
April  13, 
Feb.  3, 
Mar.  19, 
Oct.  11, 
Dec.  4, 
Sept.  13, 


1883 
1899 
1909 
1913 
1899 
1907 
1883 
1914 
1881 
1895 
1909 
1913 
1881 
1909 
1882 
1915 
1917 
1917 
1905 
1907 


August   7,    1883 

January,    1903 

September  27,   1910... 

January,  1915 

January,    1907 

January,    1911 

November   21,    1885-— 

January,   1917 

1895 

1911 

1911 

1917 


Austin Jan.  19, 

Houston 'June    1, 


Tyler !.Jan.'  31, 

Galveston '-Tan.   25, 

Brenham May   30, 


Huntsville 

Austin 

Temple 

Fort  Worth... 

Waco 

Comanche 

Weatherford.. 

Salado 

Dallas 

Galveston. 

Austin 

Dallas 

Corsicana. 
Houston.. 
Galveston. 
Galveston. 

Orange 

Marshall.. 

Austin 

Austin 

Austin 

Galveston 
McKinney. 
Jefferson- 
Galveston 
Temple 


Austin. 


<o.y  27, 
Jan.  25, 
Dec.  11, 
Jan.  19, 
Feb.  7, 
Jan.  25, 
April  1, 
Jan.  17, 
Jan.  19: 
Sept.  3 
Feb.  10 
Aug.  11 
Aug.  7 
April  1 
May  27. 
May  11, 
Jan.  19, 
Aug.  1, 
Mar.  27, 
Oet.  11, 
Jan.  29 
Feb.  2 
April  1 
July  7 
May  29 
June  10, 


1911 
1917 


1001 
1907 
1917 
1882 
1907 
1911 
1911 
1887 
1907 
1881 
1887 
1911 
1917 
1913 
1SS3 
1883 
1S81 
1903 
1898 
1911 
1893 
1911 
1917 
1909 
1887 
1881 
1883 
1917 
1917 


Nov.  14,  18S1 


January, 
January, 
January, 
January, 

March    15,    1882 

January,    1911 

Date    not    recorded 

Resigned,  Oct.  11,  WIS 

Regent    now 

Regent    now 

January,    1907 

Died  July  29,   1908 

Senate  refused  confir- 
mation, Feb.  27, 
1917. 

Regent    now 

Senate  refused  confir- 
mation, August  28 
1917. 

January,    1903 

Died,     1909 

Resigned  unci  n    ■  iied. 

January    9,    1883 

Died  Nov.    13,   1909 

May  31,  1917 

August   15,    1914 

November  8,    1899 

September  12,  1907 

July    1,    1882 

Date  not  recorded 

January,   1917 

Regent    now 

August    21,    1913 

January,     1891 

January  17,    1893 

Died    January,    1886. 

December    1,    1905 

April,    1903 

January,    1915 

April,    1895 

November   21,   1912 — 

Regent  now 

January,    1911 

Died  April    17.    1891.. 

October   21,    18S1 

August    1,     1893 

Resigned  unconfirmed. 
Senate  refused  confir- 
mation,   August  28. 
1917. 
Tuly  28,    1899 


Ireland 

Sayers 

Campbell 

Colquitt 

Sayers 

Campbell 

Ireland 

Colquitt 

Roberts 

Culberson 

Campbell 

Colquitt 

Roberts 

Campbell 

Roberts 

Ferguson 

Ferguson 

Hobby 

Lanham 

Campbell 

Ferguson 


Colquitt 
Ferguson 


Sayers 

Campbell 

Ferguson 

Roberts 

Campbell 

Colquitt 

Colquitt 

Ross 

Campbell 

Roberts 

Ross 

Colquitt 

Hobby 

Colquitt 

Ireland 

Roberts 

Roberts 

Lanham 

Culberson 

Colquitt 

Hogg 

Colquitt 

Hobby 

Campbell 

Ross 

Roberts 

Ireland 

Ferguson 

Ferguson 


Roberts 


A  Source  Book  of  the  University  of  Texas 

Secretaries  of  the  Hoard  of  Regents 

A.  N.  Edwards,  November  15,  1881  to  April  10,  1882. 
Smith   Ragsdale,   pro  tern.,   May   10-12,   1882. 
A.  P.  Wooldridge,  August  17,  1882  to  September  10,  1894. 
John  J.  Lane,  December  4,  1894  to  June  16,  1897. 
James  B.  Clark,  June  16,  1897   to  December  7,   1908. 
Edward  J.  Mathews,  January  19,  1909  to  . 


53—227 


ERRATA 

On  pages  87,  89,  90,  101,  110,  116,  124,  131,  135,  136,  143,  159, 
163,  169,  S.  G.  A.,  Vol.  2,  should  be  inserted  in  the  date  and  ref- 
erence headings. 

Page  177,  S.  B.  280,  by  Mr.  Spann.  The  bill  itself,  in  the  office 
of  the  Secretary  of  State  has  H.  L.  Spain  written  on  it  but  there  was 
neither  a  Spann  nor  a  Spain  in  the  Senate. 

Page  187,  O.  B.  46.     By  Mr.  Marshall. 

Page  215.     H.  B.  — .     By  Mr.  Stuart  of  Falls. 


A  Source  Book  of  the  University  of  Texas 


- 


INDEX 

I.     Subjects 

The  index  of  subjects  represents  an  attempt  at  a  classification  of 
the  material  rather  than  a  mere  guide  to  the  occurrence  of  certain 
words.  For  example,  a  mere  passing  reference  by  name  to  the 
Regents,  is  not  indexed,  whereas  a  reference  of  consequence  to  the 
Regents  is  indexed  under  "Regents"  although  that  word  may  not 
there  be  used  in  referring  to  them.  This  has  resulted  in  an  index 
containing  comparatively  many  references  to  a  few  topics,  rather 
than  a  few  references  to  many  topics. 


Academics:  1,  4,  5.  12,  13,  14,  15,  18, 
58-59,  131,  248-249,  324,  332-334, 
368,  370,   377,   665,   683,   684. 

Academic  Freedom;  261,  381,  406-409, 
640. 

Academy  of  Science;  378. 

Accounts — See  Bookkeeping. 

Administrators — See  Regents  ;  666, 
762,   764. 

Admission;  172,  200,  262,  324,  329- 
332,  356,  382,  385,  657,  683-684, 
816. 

Aeronautics — See  Military  Aero- 
nautics. 

Affiliation  of  Schools;  444,  535,  568, 
645,  648,  654,  695-707,  816. 

Agents — See  Commissioners. 

Ages  of  Students  ;  810. 

Agricultural  and  Mechanical  College; 
167-168,  209-210,  211,  228,  233,  234, 
241-242,  249-250,  257,  266,  267,  271. 
272-273,  274,  275,  277,  300,  319,  325, 
326,  336,  367,  370,  389,  413,  424, 
426,  428,  433,  443,  448,  458-459,  472, 
479,  481,  482,  487,  505,  508,  513, 
515,  565,  567,  570,  576,  577,  580-582, 
608,  638,  667,  668,  679,  714,  715, 
717,  718,  719,  720,  729-730,  733,  764, 
765.  See  also  Consolidation  and 
Separation. 

Alcalde,  The  ;  781. 

Alcalde,  The  (Old)  ;  784. 

Aliens;   538,   556,   589-592. 

Alumni  Association — See  Ex-Stu- 
dents' Association. 

Alumni  Publications  ;   780-781. 

Analyses,   Assays,  etc.  ;   424,   433. 

Applied  Mathematics.  Prof,  of;  537, 
539,  548,  550,  597. 

Appropriations  of  the  Available 
Fund;  243,  244,  246-247;  312,  339, 
350,  360-361,  371,  388,  395.  409, 
414-415,  425,  426,  427-428,  434-435, 
442-443,  447,  456-457,  471-172,  517- 
518,   499-500,    537-538,   555-556. 

Appropriations  for  A.  and  M.  out  of 
the  Available  Fund;  247,  264,  265, 
272,  283,  313,  325,  339,  350,  360-361, 
372,  389,  396,  410,  415. 

Appropriations  for  Buildings  from 
General  Revenue   Prohibition;    267, 


302,  316, 

356,  358, 

400,  405, 

441,  446, 

465,  496, 


299,    371,    459,    461,    475,    476.    477. 

478,    484,    505,     520,    565,     584 

641,     658,     717,     718,     728-729.     731, 

733,   736.    737. 
Appropriations   out   of   the   Available 

Fund    for    Prairie    View    Normal  ; 

243,   247,   263.     See  also  313. 
Appropriations — General    Referi 

23,  196,  201,  202,  203-204,  24).   252 

258,  260,  272,  274,  L'7.r,,  282,  296, 
317,  324,  325,  341,  342, 
368,  393,  398-399,  399, 
422,  423,  427,  429,  437, 
450,  453,  455,  4<V2,  463, 
503-504,     508,     509,    516. 

534,  535,  545,  547-548,  548-549,  550, 

551,  552,  563,  582-584,  638,  714,  715, 

716,  717,  719,  720,  724-740,  735,  824, 

825,  827. 
Appropriations  of  Lands — See  Lands, 

Endowment. 
Appropriations   of  Money  out   of   the 

General  Revenue  for  Maintenance; 

354.  360-361,  371,  3S8,  395,  409-410. 

415,  420-421,  425.  42S.   434-435,   442- 

443,     447-448.     457,     472.     499,     510. 

517-518.    537-538,    555-556,    568-569. 
Arguments,    Against;    29,    31,    32,    33. 

34,    35-38,    44,    53,    58-60,    60-61,    92, 

104,  106,  109,  132-134,   144-145.   147. 

159-160,   162,  163,   167-168,   319-321, 

323,  330-332,  354,  381,  382-383,  406, 

540-543,  635-636. 
Argument.   For;    5-6,    7-8,   23,    27,   28. 

38-39,    40-42,    52,    72,    79-80,    81-84. 

88,    95,    96,    111-112,    117-118,     129, 

136,     138-143.     147,     148,     170.     206, 

229,    240,     248,     270-271.    272,     2x  v 

292-294,     295.    296,     376.     429,     441. 

481,    634,    636,    639,    640,    647. 

662,   664,   668,  669,   679,  680-681 
Art;  386. 
Articles    In    Serials    relating    to    the 

Historv  of  the  University  ;  792-804. 
Assets,  September  1,   1917;   832. 
Asylums,  727. 
Attendance — See  Growth. 
Attorney  Fees;  599-602. 
Attorney  General — General  refi-i 

not  listed. 
Attorney  General;  25:' 
Austin  Statesman;   384-386,   7  4  <j 
Auditor;  565. 


840 


University  of  Texas  Bulletin 


Automobile  Mechanics,  School  of; 
563,   568-569,   612-613. 

Available  Fund;  233,  238,  265-266, 
271,  274.  275,  277-278,  292,  313,  316, 
365,  371,  376,  392,  396,  462,  485, 
503-504,  539,  564-565,  579,  582-584, 
585,  588-589,  589,  597,  598,  612,  613, 
630-631,  632,  659,  664,  667,  678, 
687-688,  724,   735,  824-826,  827. 

Available  vs.  Permanent  Fund;  721- 
723,  752-754. 

B 

Barbarians;  541-542. 
Bibliography  ;   767-804. 
Blind  Institute;   520,   535,   534,   536. 
Blunderbuss,   The;   786. 
Boarding;     12,    57-58,     75,    120,    156, 
200,    251,     391,     541-542,    564,     653, 
672-673,  676. 
Bonds     (See    also    Endowment:     the 
references  here  given  relate  to  the 
mode  of  investment  of  the  Perma- 
nent Fund  and  to  the  character  of 
the  bonds  held)  :  182-183,  184,  187, 
194-195,    202,    206,    235,    236.    237- 
238,    245,    246,    256,    258,    269,    303, 
314,    315,    351,    352,    361,    379.    386- 
387,  430,  459-460,  464,  465,  479-480, 
484,     485,    488,     493-495,     496,    497, 
509,   514,   520,   579. 

Bonds  of  Doubtful  Validity — See  Debt 
of  State  to  Universitv. 

Beekkeeping;  173,  201,  251,  263,  324, 
325,  326,  464,  465,  468,  498,  558. 

Books  ;  261. 

Books  relating  to  the  History  of  the 
University;   787-791. 

Breckenridge  Hall  Lots,  Galveston, 
832. 

Brackenridge  Land,  564,  832. 

Branch  University  for  Colored  Youths 
— See  Colored  University. 

Brenham  Fortnightly  Club;  427. 

Brown  University  Prize  ;   832. 

Building  Commissioners;  496. 

Buildings — See  Appropriation  Prohi- 
bition. 

Buildings;  28,  29,  172-173,  200,  234, 
251,  262,  266-267,  297,  298,  299, 
340,  370,  380,  390,  399,  427,  436, 
450,  457,  475,  477,  479,  485,  496, 
497.  501.  504,  564,  565,  566.  585- 
586,  633-634,  653,  658,  662,  680, 
719,   729,  739,   826,   827. 

Buildings,  Costs  ;   832. 

Bulletins  of  the  University — 
Historical  ;    767-778. 
Miscellaneous;   776-777. 
Numbered  ;  767. 
Prenumbered  ;  767. 

Business  Manager;  482-483,  565. 

Bureau  of  Economic  Geology  and 
Technology  (See  also  Mineral  Sur- 
vey»:   499-500.   501,  538,  826,  827. 

By-Laws — See  Rules. 


Cactus  :  555,   783. 

Calendar,  The  ;  784. 

Campus  (at  Austin)  :  16,  17,  236 
462,  471,  472-473,  473-474,  478,  479' 
485,  509,  564,  666,  748,  832. 

Campus  (Medical)  ;  463.  472-473  474. 
475,   S32. 


Campus  Record,  The  ;  786. 

Carnegie  Foundation;  451-452,  462. 

Catalogues  of  the  University  ;  772-774. 

Chairman  of  Board;   251,  397. 

Chairman  of  Facultv ;  261,  760-761. 

Chancellor;  200,  691. 

Charges — See  Arguments  Against. 

Chimes  Fund  ;  832. 

Church    Affiliations    and    Preferences 

of  Students ;  813 
Clark  Athletic  Field:  832. 
Co-education;    84,    150-151,    248,    257, 

262,    286,    427,    441,    677,    741,    744, 

756,   760. 
College  Block,  Galveston;  832. 
College  of  the  City  of  El  Paso  :  567. 
College  of  Industrial  Arts;    515,   565, 

608,   715,   716,  717,   719,  720. 
Colored  University;  234,  266-267,  273- 

274,    282,     290,     296-297,    298,    299, 

304,    305,    368,    378,    380,    393,    399, 

400,  401-403,  410,  412,  418-419,  710, 

712,  713,  737,  746. 
Commoner,  The  University  of  Texas  ; 

786. 
Commissioners    for    Lands ;    64,    176, 

181,    183,    191,    201,    204,    213,    214 

(See    Allen,    M.    TV\),   218-219,    223, 

225,  226   (See  J.  H.  Brown). 
Condemnation  of  Land  for  University 

Campus  ;  472-474. 
Confederate      Money — See     Debt     of 

State. 
Consolidation;  210,  249,  271-272,  298, 

342,  378,  381,  478,  479,  481,  488 
506-507,   508,   509,  520,   570,   719. 

Constitutions;  (1827)  1,  (1836)  2, 
(1845)  17-18,  (1861)  185,  (1866) 
192-193,    (1876)    287-288. 

Constitutional  Amendments;   85,    342, 

343,  351,  357,  379,  422,  462-463, 
464,  (3)  465,  469-470,  476,  477,  478, 
484,  485-487,  487,  488,  489,  493- 
495,  501-502,  505,  508,  509,  511- 
512,   513-516,  660,   717. 

Constitutional  Questions;  78-79,  135- 
136,  144-145,  146,  148-149,  152,  165- 
166,  169,  170,  195,  196,  244,  274- 
276,  287-288,  299.  316,  326-327.  399, 
412.  419,  448,  459,  553,  559-560, 
576-577.  578,  579,  580,  582,  584, 
597,  605,  679,  721,  724-740,  732, 
733-734. 

Conspiracy;  52  9,  601. 

Contingent   Funds;    537-538,    607-609. 

Coordination — See  Curriculum. 

Corruption,  AlTeged  ;  522,  523,  524, 
526-527,  528,  542,  548,  549,  553- 
554,   561-562. 

Cost  per  capita;  325,  482,  483,  502, 
540,  828. 

Courses  Taught — See   Curriculum. 

Court  Decisions  ;   544-545. 

Coyote,  The  ;  785. 

Criticisms — See  Arguments  Against. 

Curators — See  Regents. 

Curriculum;  1,  9-12,  24,  25,  76,  81, 
88,  89-90,  106,  120,  141,  157,  162 
166-167,  171,  199-200,  229,  241-242, 
247,  248-249,  257,  261,  264,  268 
270,  292.  299-300,  317,  319-321,  324, 
367,  378,  391,  424,  430,  433,  436, 
445,  450,  452,  453,  477,  479,  484, 
485,  486,  492,  507,  513-516,  520,  521, 
533-534,  535-536,  542,  565,  567,  568, 


A  Source  Book  of  the  University  of  Texas 


841 


639,  641,  642-643,  641-645,  646,  649- 
650,  651-652,  654-655,  656-657,  666. 
671,  673,  681,  682,  683,  690,  692, 
693,    694,   708,    715,    716,    817,    818. 


I) 


Dallas  News  ;  740. 

Daughters  American  Revolution 
Scholarship  ;  S32. 

Debt  of  State  to  University;  174, 
176,  177,  178.  178-181,  181-182,182- 
183,  184,  185,  186,  186-187,  187, 
188-189,  190-191,  191-192,  193,  194, 
196,  199,  202,  204,  206,  207,  209, 
212,  214,  235,  245,  257,  266,  271, 
282,  283,  284-285,  292,  298-299,  302, 
303,  304,  313,  340,  341,  342,  352, 
353,  354,  630,  631,  631-632,  662, 
663-664,    682,    710,    722,    740. 

Declaration  of  Independence,   2. 

Deficiencies;  235,  497,  498,  501,  588- 
589,   599,   604,   740. 

Degrees;  172,  261,  382,  397,  436,  449, 
492,  671. 

Degrees  Conferred,  820,  821. 

Denominational  Colleges;  77-78,  108, 
109,   130-131,   134-135,   173. 

Denominational  Colleges — See  Liter- 
ary Institutions. 

Dentistry;  477,  484,  487,  566,  652 

Donations;  233,  266,  317,  342,  354, 
358,  364-365,  365,  369,  380,  391. 
404,     564,     576-577,     598,     725,    730. 

Domitcries — See  Boarding. 

Duplication  of  Work — See  Curricu- 
lum. 

E 

Economic    Geology — S'ee    Bureau    of. 
Editors    of    University    Publications; 

779,   781,   782,   783,   784,    785. 

Education,  Department  of;  200,  257, 
270,  378,  391,  430,  479,  633,  634. 
636,  637-638,  639-640,  643,  611  646, 
649-650,    651-652,    674,    688,    689. 

Educational  Surveys — See  Curricu- 
lum. 

Education;  3-4,  5-8,  109,  110-111, 
376-377. 

Educational  Notes;  778. 

Elections;  251,  260,  265,  282.  296, 
297,  351,  470,  495,  512,  515-516. 
572-573.   746. 

Elective  System;  20,  81-82,  120,  200, 
391,   400 

Electrical   Engineering  ;  396. 

Equipment;  262,  267,  292,  299,  390, 
391,  438,  673,  833. 

Equipment,  Loaned  ;   424-425. 

Endowment,  Bonds;  23,  23-24,  24-46, 
47-50,  50-61,  80,  84-85,  92,  104,  132, 
163,  171,  176,  181-182,  182,  193,  194, 
196,  199,  223,  233,  266,  313,  351, 
370,  450,   630-631,  666,   736. 

Endowment,  General;  121,  173,  174, 
195,  196,  205,  206,  207,  209,  212, 
214,  223,  227,  228,  233,  234,  236, 
237-238,  239,  240,  245,  247,  255, 
256,  257,  258,  261,  264,  265,  266, 
267,  268,  269-270,  271,  278,  281, 
282,  283,  285-296,  297-298,  299,  301, 
304-305,  315,  351,  365,  370,  380, 
446,  485,  564,  576,  .".77.  664,  667, 
682,   683,   712,  731,   758,    762. 


Endowment,  Historical  Exhibit;   82.)- 
830. 

Endowment,  Lands;  i.  :,,  i:;,  i  i,  15. 
16,  17.  is,  19-20,  24,  7  1-7:,.  76-77, 
S6,  L04,  132,  150,  153  156,  1  71  177- 
178,  179,  180,  L99,  201, 
206,  234,  236,  238,  239,  240  256 
357,  267-268,  269.  271,  285-296,  297, 
299,  303,  304-305.  342,  355 
368,  376,  377,  378,  379,  382,  101- 
109,  51  1-515,  615,  616 
617-619,   665-666,    i  11-752, 

831. 

Establishment     (Sei     also    Endow- 
ment) ;   2,    17,    19,   21,   22,    23, 
(S.    J.),    25-46,     (S.    G      A..), 
(S.    J.),    50-61,    (?,    G.     \   I,    1 
I  II.    J.),   79-87,    (S.   J.),    87-131    an,! 
135-170.    is".  <;.   a.i,    1:11-I3.-,,    1  S    <:. 
A),     170-173.     171.     176, 
197.     1!'K,     L99-200,     205,     209,     21  1. 
215,    223,    226.    227,    228,    229 
247,    248,    25o-3:,3.    255,    256, 
259,     260-263,     264 
394,  633-635,  662,  67^.  688,  692,  709, 
71  1.  711-7!!',   7  19,   750,  7:,:,-7.".o,  757- 
761,    766. 

F)xi>eutors — See  Regents 

ExDenditures;  251     161     tfi 

390,  481-4S3.  503-504,  ""-.  826,  827 
Ex-Students  ;  523,  551, 

Kxt,'iisi,Mi    W01 K  :    535,    536 
569,   826,   827. 

F 

Facultj  :    172,   200,  251,  261,   262,   267, 

335-331',,   3lo,   381-382,  38' 

391,  397,     107,     1"7-1"S.     131.    490- 
491,    508.    522.     .ML'.     5  13. 

562,     580,     633,     646.     672,     6S 
691,   74S,  822. 

Faoultv,  Removal  :  261.  53  1.  525,  :<■:<■. 
528-529,   5  1  1.   674,   707. 

Faculty    Key,,, its;    771-773. 

Pees;  75,  120,   151;.  173.  200,  262,  286, 
323-324.     328,     33!'.     3.",'-.     369, 
377,     110,     ill,     i  l",.    520,    551,    565 
571-575.     610,     666,     762,     824,     825, 
827. 

Fellowships  :  671,  7''," 

Fire  Drills  ;   184. 

F01  feitures     Se-2  Land   Sales 

Praternitii  s  :   18  l.  508,  5  1 1-5  13. 

Fund,  Permanent — See  Endowmenl 

Fund,  University ;  divided  Into 
Permanent  Fund  <  see  Endov  m 
and   1 1, 1   Available  Fund  ;  q.  v. 

G 

German  Language  ;  563. 

Governor;    261,    262,    264,    397,    411, 

488,  548-549,  589,   601. 
Graduate  Work  :  566. 
Growth  :   390,    398,    110-411,    121 

43'.',     161,     182,    505,    638,    640 

652,    655-656,   659,   806-sos 

II 

Hazing  ;    16 1.    165,    166,    167,    16£     I  • 

189-491. 
Mr  h-  aj     Department;    518 
History,  Southei  n  1  Ustoi  j   Fund 
Hogg  Organization  Publications,    ,v"- 

7SI 


54- 


842 


University  of  Texas  Bulletin 


Homeopaths;   378,   450,  451. 
Hospital   Block,  Galveston,  832. 
Hospital,   Walter   Colquitt   Memorial  ; 

510-511. 
Hours  of  Work,  516. 
Houses  for  Officers  ;  200. 
Houses  for  Professors;  251. 
Housing   of   Students — See    Boarding 


Impeachment;  548-549,  552-554,  557, 
559-560,   562-563,   602. 

Income — See  Available  Fund 

Independence — See  Declaration  of  In- 
dependence. 

Injunctions;  544-545,  547,  554,  599, 
740. 

Instructors — See  Faculty. 

Interest;  271,  721,  722,  824,  827. 

Interschola=;tic  Leaeuer;   778. 

Itemization;  324.  357,  434,  435,  500. 
518-519,  537-538,  556,  587-588,  593, 
609,  719,  720. 

Intimidation  ;   545,  546. 

Intoxicating  Liquors;   449,  461. 

Inventories;  413,  415-418,  565. 

Investigations:  318,  394,  508,  520, 
523,  525-526,  529,  551.  553-554,  55/ 


Johns-Hopkins;  3S2,  385. 

John   Sealv   Hospital;    399,    465,    474, 

566,  832. 
Journalism;  551,  682. 
Journalist,  The  Texas  ;  779. 


Lands  (See  also  Endowment  and  Es- 
tablishment) 19-20,  46-47.  61-«2, 
61-64,  64,  173,  174,  176,  214,  283, 
831. 

Lands,  Agents — See  Commissioners. 

Land  Board;  305,  310,  311,  339-340, 
356,  357. 

Lands,  Education  County — See  Acade 
mies. 

Lands,  Endowment— See  Endowment, 
Lands. 

Lands  ;  Forfeitures  ;  not  indexed. 

Land  Frauds;  627-628. 

Land  Leases;  14.  16,  54,  230,  271, 
279,  280,  281,  283,  300,  301,  302, 
303,  310-311,  314,  315,  317,  318, 
336-337,  338-339,  340,  341,  342,  343, 
343-34B,  355,  358,  392,  393,  394. 
398,  423,  431,  436,  438,  463,  508, 
521,  618,  619,  620,  621,  628,  637, 
644,  711,   824,   827,   831. 

Lands,  Location;  15,  19-20,  22,  46, 
623-625. 

Lands,  McLennan  and  Hill  Countv 
Litigation;  226,  238-239,  242,  244, 
252-254,  256,  258,  259-260,  366,  400, 
404-405,  570-571,   572,   573-574. 

Lands,  Minerals;  280,  301,  309,  311- 
312,  356,  379,  388,  412,  413,  422, 
423,  426,  429-430,  437,  439,  450, 
451,  463,  465,  483,  487,  491-492, 
496,  497,  498,  521,  531,  532. 

Lands,  Navigation,  in  re  University 
Lands;  171,  723,  762. 

Lands  :  Purchasers  ;  not  indexed. 


Lands  for   Railways  in  re  University 

Lands;  171,  205,  233,  257,  267-268, 
280,  281,  286,  287,  288-291,  351, 
514,  723,  731,  751,  763. 

Lands,  Regents'  Control;  317,  341, 
342,  343,  355,  356,  358,  393,  394, 
.!!t4-395,   423,   426,   486. 

Lands,  Sales;  24,  46-47,  61-64,  85, 
173-174,  176,  177,  182,  183,  184- 
185,  185-186,  187,  188,  190-191, 
191-192,  195,  196,  198-199,  201-202, 
207-209,  210,  211-212,  213,  214,  215- 
222,  223,  224-226,  228,  230,  233, 
235,  236-237,  239,  240,  242-243,  245, 
246,  256,  266,  279-280,  281,  282, 
283,  297-298,  301,  302,  303,  303-304, 
305,  314,  315,  316,  317,  318,  336- 
337,  338,  339.  340,  341,  342.  343, 
343-349,  356,  357,  358,  359-360,  361- 
362,  362-364,  366,  368,  372-373,  ::7::- 
374,  374-75,  380,  392,  393,  394,  398, 
399-400,  403,  412,  413,  413-414,  420, 
421,  423,  430,  432,  433,  437,  438, 
439,  486,  487.  509,  519,  520,  521, 
531-532,  534,  557.  558-559,  564,  565, 
573-574,  614,  615,  619,  620,  621, 
622-623,  628-629,  710,  711,  751,  764 

Lands,  Survey  and  Location;  14,  16, 
19-20,  22,  24,  46,  63-64,  64,  65,  150, 
201,  236,  237,  242,  268,  342,  349- 
350,  357,  393,  399,  623-625,  625-626, 
626-627. 

Lands :  Surveyors ;  not  indexed. 

Lands,  Timbered;  282,  301,  307,  310. 
317,   341,   437,   439. 

Law  Department;  81,  88,  89,  106,  157, 
162,  172,  199,  212,  317,  323-324, 
328-329,   369,  377,  479,  672. 

Law  Diploma;  317,  368,  370,  431-432, 
437,  439-440,  521. 

Law  Text-Book  Board;  509. 

Leaves  of  Absence  ;   565. 

Library;  396,   834. 

Library  Building;  457. 

Libraries,  County;  521,  530 

Literarv  Institutions;  12,  21,  2!».  77- 
78,  90,  108-110,  130-131,  134-135. 
162.   173. 

Littlefield  Fund  ;   832. 

Loan;  353,  354,  734,  740. 

Loan  Fund,  Student;  480,  481,  485, 
508,  509,   511-512. 

Location;  2,  16,  22,  23,  27,  28,  30,  32, 
33,  34,  40,  49,  50,  53,  54,  56,  57,  61, 
69,  72-74,  76,  80,  83,  84,  85,  87,  88- 
89,  93-94,  95,  98-99,  100,  107,  114, 
115,  122,  149,  150,  151-153,  154-155. 
157,  161,  164-165,  171,  197,  198,  199, 
200,  202,  203-204,  206.  209,  229-231. 
232,  241,  248,  251,  256,  257,  258, 
260-261,  265,  274,  295,  296,  323, 
507,  572-573,  662,  675-676,  677,  746, 
763,  764. 

Longhorn,  The  ;  785. 

Lump  Sums;  500,  501.  See  Itemiza- 
tion. 

M 

Magazine,  The  University  of  Texas  ; 
782. 

Marine  Station;   378. 

Medical  Appropriation — See  Appro- 
priation 

Medical  Department;  81,  88-89,  106, 
157,    162,    171,    199,    209,    210,    257- 


A  Source  Book  of  the  University  of  Texas 


843 


258,  260,  265,  267,  277,  278,  298, 
299,  315,  323-324,  328-329,  340,  342, 
354,  355,  360-361,  369,  371,  377, 
378,  380,  382,  389,  390,  393,  394, 
396,  410,  413,  415,  421-422,  427. 
437,  446,  450,  465,  477-478,  479, 
482,  513,  524-525,  526,  550,  566, 
574-575,  672,  676,  732,  750,  806, 
807,  810,  811,  812,  813,  815,  820, 
821,   822,   823,   825,    827,   828,   833. 

Medical  Building  Fund  ;  450. 

Medical  Department  Campus;  463, 
171,   472-473.  474-475,  832. 

Medical  Diplomas;  450,  451,  463. 

Messages  of  the  Governors;  Hender- 
son 18-19;  Bell  21,  22;  Pease  22-23, 
23-24,  65;  Houston  173-174,  178- 
179;  Hamilton  188-189;  Throck- 
morton 1!'fi-i96 ;  Pea<;e  204-205; 
Davis  207.  209-210,  212-213;  Coke 
21  t  222-223;  Roberts  238-242,  245, 
204-2S1.  297-300;  Treland,  314,  316, 
339-340;  Ross  352,  25  1-355.  365- 
367:  Hogg  367,  375-376,  390-392; 
Culberscn  392,  405,  410-412:  Sav- 
ers 419.  421-422,  4  29-130;  Lanham 
!3fi  443-445;  Campbell  4  15.  448- 
149  453.  461-462:  Colquitt  475-  !*::. 
496,  501-505;  Ferguson  505-507, 
518-519,    534. 

Messages  of  the  Presidents ;  Lamar 
3-4,  Jones  18. 

Mess  Halls — See  Dormitories. 

Mileage  Books;  561. 

Military  Aeronautics,  School  of;  563, 
568-569. 

Mineral  Survey,  Title  of  the  Bureau 
of  Economic  Geology,  1901-1905; 
422,  423,  42  4.  125.  429,  430,  431, 
432-434.     127-43S,    578-579. 

Mines  and  Metallurgy,  School  of; 
465,  484,  487,  492-493,  508,  516, 
519,  521.  529-530,  539,  548,  550, 
566-567. 

Music  ;   393. 

X 

Nativity  of  Students  :   810. 

Navigation,  College  of;   89-90. 

Negro  Branch  University — See  Col- 
ored University. 

Nepotism  ;  580,  604. 

News  Bulletins  ;   778. 

New  Students  :   S09 

Normal  Schools;  162,  200,  256-257, 
399,  loo,  479,  COS.  679,  715,  716, 
717,    719,    720.    741,    757. 

Norther,  The  ;  78  i. 

Number  of  students  am!  Faculty; 
823. 

Nurses :   397. 

O 

Occupations  of   Parents  of  Students; 

814-815 

rs    R<  s.  rve    <  !orps    T  r  a  i  n  i  n  u 
Camp;    568. 

i  uh.-...'.   Public  :  582. 

<  me  \  s.  Tun  Universities  ;  2::.  2  1.  25. 
26,  27,  28,  2:1,  30,  31,  ::2.  33,  21, 
:::'.  10-41,  1::.  ll.  is,  51,  52.  5  1. 
55-56,  56-57,  1:1.  65-66,  '17.  69-71, 
71,  80,  81-83,  84,  93,  94,  '.'5.  97, 
98-99,  L00-101,  112-111.  119-120, 
121-l2tl,   L37-139,   l  IN.   l  19,   150,   151. 


199,   229,   231,  232,   250,   666,    763. 
Organization — See  Curriculum 
Outside  Employment ;  566. 


Pamphlets  relating  to  the  History  of 
the  University  ;  7S7-7M. 
ie,  Student:  5  I  2-5  1:;. 

Peabody  Fellowship  . 

Pedagogy — See  Education,  Depart- 
ment of. 

Pensions,  Carnegie;   451-452. 

People  to  Vote  on  Founding  Univer- 
sity; 154-156,  159-161.  163-164,  176. 

People  to  Vote  on  Location  ;  230. 

Peripatos,  The ;  785 

l  'eripatos,  1  !oj  ote,  The  ;  785. 

Permanent    Fund — See    Endowment. 

Plant  ;  564,  646,  832-833. 

Political  Influences;  408,  411,  463, 
501-502,  528,  546,  547,  548,  552- 
555,  660,  673,  <;71-075,  700,  703, 
704,   707,    711,    714,    715,    75!. 

Prairie  View   Normal  ;   242 

24i;,     247,    258,    263,    264-265. 
278,    282,    283,    313,    340,    508,    513, 
51!.     582-584,    565,    608,    678,    679, 
713,    715. 

Preparatory  Model  University 
Schools;    324,   332-334. 

lent;    172,    227,    251,    259,    383. 
397      is::.     196,    507,    522,    525,    540- 
541,544,636-637,  638,  '111.  666,  '17". 
'■.71,    681,    691,    74  1,    755.     756, 
761. 

dent  of  Resents:   261,  2'',. 
e  Propertj 
In  v< 

Press  Bulletins  :  77s 

Private  Institutions — See  Literary  In- 
stitutions. 

Private  Educational  Institution- 

1  1  mominal  lonal  Coll 

tarnations;     Jas.      B.      Ferguson 
50;  W.  P.  Hobb 
Professors  ulty 

Promotion  :  61  l-»;i2. 
Public  Debt  ;  not  indexed. 
Purchasers;    not    given — See    Lands. 
Sales. 

R 

jer,  Tii.  :  78  I. 

("First   Class''  ),  26, 
82,    96,    98.    111.    111.    lis,   11:'.    121. 
129.  121,  138-1  n.  112,  160, 

265,  269-270,    292,    221.   2:.  I 

!li.     122,     161,    467,     ITs.     1::'.    512. 

.    ';71-i;72.     722.     712-7  12.     763. 

Record,  The  University;  7  7  ."•  - .  7  •'. . 
•  .is — See  Repoi  ts. 

150-251,   25J 
262,    264,    265.    267,    271.    281, 
326-328,  381,  382,  2 

2  12-393,   397,    i"7-l":'.    II  1-112. 

120,     135,     is  1.     185,     187,     188,    188- 
489,     192,     193,     196,  ,    510- 

51  1,    512,    522-522,   5  12.    51  1-5  i 

547,  ;,  ;s.  561, 

688-t;s:..  691,  707.  7IH-7 1  i 

is.     Admit 
I  16,     152.     154,     158,    171.     172. 
2"".  203-204,  212.   21  1,  217. 


844 


University  of  Texas  Bulletin 


Regents,  Chairmen  ;  835. 

Regents,   Confirmation;    523-527,    529. 

Regents,   Curators;  227. 

Kegr-nts,   Election;  420,  423. 

Regents,   Executors;   238. 

Regents,   First  Board  ;   254. 

Regents,   Limitations;     585-586,     589, 

599-602,  607-612. 
Regents,   List  of;  835-836. 
Regents,   Misdemeanors;  498. 
Regents,   Powers;  589-592,  612-613. 
Regents,   Presidents  ;  835. 
Regents,  Removal;  522,  553,  561,  566, 

602,-607. 
Regents,   Reports  ;   767-771. 
Regents,   Term;    235,    251,    261,    316, 

326-327,  378,  403,  411-412,  419,  446, 

464,  469-470,  488-489,   501-502,  576, 

577-578,  580,  659-660,  670,  693,  714, 

715,   717,   754. 
Regents,   Trustees  ;  57,  118. 
Registiation;   806-808,   817,   818. 
Regulations;    172,   200,    251,   261,   262, 

26'5,  400,  423. 
Religion;   81,   172,   227,   251,   263,   408, 

540-541,   666. 
Removal,  Faculty,  261,  544-545,  546- 

547,  549,  560,  589-592,  600-601,  674. 
Reporter,  The  University;  779. 
Reports;    172,   197,   200,    251,   262-313, 

324-325,  352,   493,   767-771,  771-772. 
Research  ;  485,  486. 
Residence  of  Students;  422,  811. 
Return  of  Students;  809. 
Review,  The  Texas;    779. 
Rich    vs     Poor — See    Arguments 

Against. 
Rules — See  Regulations. 


Salaries;  11-12,  172,  200,  250,  251, 
254,  261,  324,  328,  334-336,  485, 
502-503,  537,  551,  567,  574-575,  575- 
576,  607-612,  633,  662,  691,  765,  823, 
826,   827. 

S'an   Elizario;   368,  374,   375,  627. 

Schools,  in  General;  1,  2,  3-4,  8,  5-12, 
13-16,  17-18,  18-19,  22,  185,  247-248, 
278-280,  304-305,  317. 

Schools  vs.  University;  25,  31,  36,  37, 
44-46,  48,  58-60,  78,  105-106,  106- 
107,  124,  127-129,  132-135,  141,  147, 
160-161,  162,  163,  205,  222,  284, 
285,  286,  294-295,  304-305,  317-378, 
506,  519,  540,  545-546,  581,  635-636, 
647,   648,   710. 

Schools  and  University  ;  657,  733. 

Schools  of  University;  484. 

Seal;    259,   261. 

Sealy  Hospital — See  John  Sealy  Hos- 
pital. 

Seawall;   474-475. 

Sectarian  Institutions — See  Religion. 

Self-supporting  Students  ;   422,  812. 

Seminaries — See  Academies. 

Senate;  24,  261,  397,  489,  607. 

Separation  (See  also  Consolidation)  ; 
462-463,  476-477,  486,  487,  506,  508, 
509,  514,  516,  565,  716,  717,  718, 
719. 

Sewer;   282,  296,   297. 

Shacks  ;   504. 


Smilli-Hughes  Act;   535,   568. 

Sons  of  Herman  ;  466. 

Socorro;    368,   375,   627. 

Southwestern  University,  called  Texas 
University  or  University  of  Texas  ; 
210,   212,   213,   215,   223. 

Statistics;   805-837. 

Students;   409,   436,   422,   444. 

Subjects   Taught — See   Curriculum. 

Subject  Registrations;   819. 

Summer  School  ;  445,  551,  643,  645, 
646,  655,  656,  719,  720,  826. 

Summer  School  Catalogues;  774-775. 

Surveyors ;  not  indexed. 

System  of  Education — See  Curricu- 
lum. 


Tax,  Special  Maintenance;  234,  261, 
266-267,  270,  286,  290,  377,  422, 
430,  446,  463,  464,  465,  466,  476, 
478,  508,  509,  551,  580-582,  629, 
640-642,  655-656,  693-694,  695,  707- 
708,   716,   717,   719,   731,   736. 

Teachers — See  Education,  Depart- 
ment of. 

Teacher  Appointment  Committee : 
586-587. 

Teachers'  Association;  250,  252,  742, 
748,  758,  759. 

Teachers'  Certificates;  379,  380,  422, 
423,  430-431,  437,  438,  440-441,  449, 
455,  455-456,  463,  465,  468-469,  638, 
643,   649-650. 

Teacher  Training — See  Education, 
Department  of. 

Texan  ;   555,  784. 

Texas  Federation  Women's  Clubs 
Scholarship  ;    832. 

Text-Books  ;   562 

Theology — See  Religion. 

Timber  Lands — See  Lands,  Timber. 

Treasurer,  74,  75,  154,  157,  172,  251, 
262,    762. 

Trial;  602-607. 

Two  vs.  One  University — See  One  vs. 
Two  Universities. 


V 


Vetoes;  Campbell  44S,  458-460;  Col- 
quitt 472,  500-501;  Culberson  396- 
397,  399;  Davis  207-208,  211-212, 
214;  Ferguson  539-546  (552-554. 
592-599);  Houston  174-176;  Lan- 
ham   435-436;   Lubbock  185-186. 

Virginia,  University  of;  28,  38,  42, 
109.   382,   665,   669,   743,  756. 

Visitors,  Board  of;  57,  172,  197,  200, 
251,  259,  263,  325,  342,  380,  407. 
412,   423,   437. 

Vouchers — See   Bookkeeping. 


TV- 
Warrants — See      Bookkeeping ; 

Debt  of  State. 
Waterworks;   450,  451,  453,  454. 
Weekly  News  Letter;  778. 
Weekly,  The  Texas;   783. 
West  Texas  A.  and  M.  ;  548. 
Wrenn  Library;   563. 


also 


A  Source  Book  of  tht  Uhiversity  of  Texas 


845 


II.     Names. 

Where  lists  of  names  have  been  given  on  votes  by  roll  call,  the 
names  are  not  indexed.  In  a  few  cases,  where  a  bill  was  Intro- 
duced by  a  large  group  of  members  of  the  Legislature,  only  the 
names  of  the  first  four  or  five  proponents  are  usually  indexed.  All 
other  names  have  been  indexed,  unless  an  error  of  omusion  has  oc- 
curred. Care  has  been  taken  to  secure  the  correct  initials,  but  care 
in  such  cases  does  not  altogether  prevent  mistakes. 


B  ilen,  J.  W. ;  431. 

Boner,  C.  W.  :  516. 

Boone,  H.  H.;  570. 

Booth,  J.  H.,  of  Gonzales;  353. 

Bonn,  Thos.  E.  ;   380. 

Bowman,  T.  H.  ;  282. 

Bowser,  O    P.  ;  409. 

Boyd,  S.  R.  ;  431,  434. 

Brackenridge,   G.    W.  ;    365,    369,    391, 

409,   422,    464,    466,   469,    564,   644. 
Brackenridge,  Isabella  H.;  832. 
Brady,   E.  W  ;   232. 
Braham,  Major  ITavwood;  758. 
Bralley,    F.    M.  ;    535,    659,    661,    695, 

697,    703-705,    707-708. 
Bransford,   F.  G.  ;  341. 
Brelsford,  H.   P  ;  487. 
Bremond,  Eugene  ;   572. 
Brents,  W.  R.  :  540. 
Bridgrers,  W.   W.  ;  431. 
Brooks,  Hart  and  Woodward  ;   544. 
Brooks,  Victor  L  ;  501. 
Brown,   G.  W.  ;   430. 
Brown,   John  H. ;  64,  72,  121-123,  152, 

764. 
Brown,     L.  L.  ;   283. 
Brown,  T.  J.,  of  Grayson  ;  356. 
Brown,  W.  M.  ;  274,  276,  283,  303. 
Brownlee,  J.  M  ;  461. 
Browning,  J    N.,  of  Donley;  316,  368. 
Bruce,  L.  N.  ;  282. 
Bruce,  W.  H.  ;   535,   697. 
Bryan,  Beauregard;   409,  577. 
Bryan,  E.   R. ;   508,  519 
Bryan,   Guv  M.  ;   24,  25,  26,  31-32,  34, 

38,  42,   43,  46,  50.  357. 
Bryan,  W.  J.,  of  Taylor;  437. 
Bryan,    William    Jennings;    377,    832. 
Buchanan,  A.   \V.  ;    342. 
Buchanan,  J.    C,   of  Wood;  257,   258, 

744,   755,    759,    761,    766. 
Buckley,  C.  W.  ;   78,  152. 
Bugbee,  Lester  Gladstone;   832. 
Bumpass,  J.  K.  ;  392. 
Burges,  R.  F.  ;  483,  484. 
Burges,  W.  H.  ;  353,  358. 
Burleson,  Rufus  C  ;   741,   757,  758. 
Burmeister,  F.  H.  ;  508. 
Burnett,  John  H.  ;   79,   151,   159-162. 
Burney,  J.  G.;  405. 
Burney,  R.   H  ;   357,   358. 
Burns,  S.  P.  ;  400,  407. 
Burroughs,    James   M.  ;    48,   87,    277. 
Burton,  W.  M.  :  242. 
Bush,  A    S.  ;  708. 
Butler,   I.  W.;  520,  540. 


w,   E.  L. ;   382. 
lice,  .1.  M. 
Aldridge,  W.  li.;  378. 
Alexander,   Wm.  ;  208,  570. 
Allen,    M.    W  :    43,    47,    48,    191,   204. 

TIM. 
\i'   n,   Wilbur   P.  :   540,   547,  551,  554, 

f>02. 
Allen,  Wm.  fouel  :  749-750. 
Allison,    R.   D. ;  235. 
Anderson,   E    1 1   :  276. 
Armistead,   W.  T. ;  342,  353,  357.  358. 
M.    I.  ;    :;c-38,   48,   50,   58- 
61,  171.  , 

Astin,  J.   R.;    165,    is?.  509. 
Aycock,  T    I '.  :   13G-143,  153. 
Ayres,  J.  P.  ;  257,  283. 

B 

,  John   11.  :  420. 

. .  I.,  li..  of  Han  Is  ;  488. 

.    W.  J  :   400. 
Baker,  A.  J.,  of  Tom  Green;  368,  623. 
Baker,  B.  M.  :  2N2.  283,  635,  759. 

.    I  >r.   I  »aniel  :  749. 

.  Mosely  ;  15. 
Ball,  F.  W.  :  409. 
Ballard,  W.  P.  ;  223. 
Barbee,   N.   B.  ;  406. 
Barnaid,  J    II.  ;  7  9,  155. 
Barrett.    A.    I '.  . 
Barrett,  John  ;   371. 
Barry,  J.  B.  ;  302; 
Batts,   R.   L.  :  244,  768 
Battle,  W.  J.  ;  508,  523,  525,  586,  587. 
Baylor,  G.   W.  :   342. 
Beall,  .1.  A   :  393,  394. 
Beasley,  T.  J   ; 

ii.   A.    i ..  :   550. 
Beauchamp,  .\i  i  s.  Jenny  :  •;  7  7  - 
Bee,   <  Jarlos  ;  536,  551 
Bee,   11.   P.;  70,    13,   135,   L61,   152. 
Bi  11,    A.  J.  :   399. 
Bell,  C.   EC  .  578,  579. 
Bell.    P    ll    ;  21, 
Benton,  Nat.  ;  696,  697,  698,  706,   707. 

op,  A.  ;  79, 
Bizzell,  W.   B.;  536,  697,  708. 
Blair,  .1.   i: 
Blalock,  .M\  ron  G,  ;    196,  508,  520 

Blassingi W.   M.;   236,  242. 

Bledsoe,    A..  :   207. 

•  .    W    II-  ;  520.  534. 
Blount,  .1.  P.  ;  317. 


846 


University  of  Texas  Bulletin 


Caldwell,  John  ;  50,  87. 
Calhoun,  George;  554,  555;  740. 
Calhoun,  J.  H. ;   343. 
Callaway,   Morgan;    643. 
Calvin,  E.  A.;  484. 
Campbell,  J.  F.  ;  708. 
Campbell,  John  W.  ;   463,   471. 
Campbell,    T.    M.  ;    445,    448-449,    453, 

461-462,  463,  471,  740. 
Carleton,  Fred  ;  745. 
Carlisle,  J.  M.  ;  639,  641,  644. 
Carlock,  R.  L.  ;  520 
Carroll,  J.  W.  ;  236. 
Carswell,  R.  E.,  of  Wise;  437. 
Carter,  A.  M  ;  370,  468. 
Carter,  E.  H.  ;   497. 
Carter,  W.  S.  ;   524. 
Casis,  Lilia  Mary  ;  590. 
Chambers,   Ed;  314. 
Chilton,  G    W.  ;  67.  68,  69,  70,  75,   76, 

77,  89,  96-99,  156,  170. 
Christenberry,  C.  M.  ;  341. 
Clark    and    Dyer;    252-254,    366,    571, 

573. 
Clark,   Dr.    I.   E.  ;    524,   526,   551,    557, 

568. 
Cleveland,  J    S.  ;  76,  152. 
Cline,  H.  ;   231. 
Clow,  R.  J.  ;  78. 

Coke,  Richard;  214,  222-223,  759. 
Cofer,  R.  E.  ;  450,  451,  465,  471. 
Cole,    J    R.  ;    207-208,    210,    211,    212, 

213 
Collier,  J.  G.  ;  79. 
Collins,  V.  A.  ;  563. 
Colquitt,     O.    B.  ;     409,     452,     475-483, 

496,  501-506 
Colouit,  Walter;  509,  510. 
Cook,  Louis  P.  :  14,  15. 
Cooley,   Judge  Thomas  M.  ;   691,    732. 
Cooper,  Milton  ;   741. 
Cooper,  Dr.  O.  H.  ;   251-252,   3S4,   386, 

535,     636,    638,    645,     664-674.     695, 

697,     701,     741,     744,     755,     757-761, 

766 
Cope,  W.  D.  ;  520. 
Cornell,  Fzra  :  682. 
Corwin,   Dennis;   625.   626,    627. 
Cousins,  R.  B.  ;  651,  655. 
Cowell,  S.  B  ;   488,  509,  516. 
Craig,  E.  T.  ;  72,   152. 
Cramer.   J.  X.   P.:  30  2. 
Crane,  M.  M  ;  575-576. 
Crane,  W.  C.  ;  251-252,   692,   741,   758. 
Crockett,  W.  D.,  of  Washington  ;  455. 
Crook,  J.  H. ;  79 
Crowley,  Miles  ;  383. 
Crudgington,  J.  W.;   519,   520. 
Culberson,    C.    A.;    392,    405,    410-412, 

574-575. 
Culberson,  D    B.  ;   176. 
Cullen,  E.  W.  ;  5-14,  15,  750. 
Cummings,  B.  Y.  ;  560. 
Cunningham,  W.  J.  ;  440. 
Cureton,  C    W.  ;  463,  612. 
Curry,  John  T.  ;  378,  399. 
Cushing,  E.  B.  ;   582. 


1> 


Dabney,  R.  L.  ;  575-576. 
Darden,  S.  H  ;  207,  274,  575,  631,  635. 
663-664,   753. 


Darnell,  N.  H.  ;  230,  752. 

Darwin,  H.  L.  ;   487,  488. 

Dashiell,  L.  T  ;  378,  384,  393. 

Daugherty,  F.  M.  ;   242,  256. 

Davenport,  J.  H.  ;  245. 

Davidson,    R.   V.,    of   Galveston ;    431, 

579,  580. 
Davis,   B.  H.,  of  Brazos;  228,   729. 
Davis,   E.    J.;    207-208,    209-210,    212- 

213,  214. 
Davis,  H.  P ,  of  Van  Zandt ;  520. 
Davis,   Oscar,   of  Grimes  ;   520,  568. 
Davis,   J.   E.  ;   437. 
Davis,  T.   G,   of  Shelby;   341. 
Davis,  W.   M  ;   315,  317. 
Davis,  W.  O.  ;  283,  302,  317. 
Dayton.   Geo.  W. ;   521,   528,   536,   551. 

554,  557. 
Dean,  J.  M.;  379. 
Dean,  W.  L.  ;  521. 
De  Bogory,  Eugene;  520,   557. 
Decker,   D.  E.  ;   412,  437. 
De  Haas,  Jacob  Anton  ;   590 
Delesdeneer  vs.  State;  289. 
Del  Rio,  Martinez  ;  366. 
Denman,  Lerov  G.  ;   501. 
Dennis,  I.  N.  ;   110-115. 
Denton,   James   F.  ;   536 
Diamond,  G.  W.  ;  196. 
Dibrell,  J.  B.  :  413,   420,  423. 
Dickson,  J.  W.  ;  394. 
Dillard.  H.   M. :   677. 
Dillard,  J.  J.  ;  463. 
Dillard,  W.  W.  ;  231 
Dille.    Alvin;   525,   697. 
Dohonev,  E.  L.  ;  231. 
Doom,   R.    C.  ;    74,    79,    151,    153,    157, 

196. 
Dougherty,  Edward  ;  176. 
Doughty,  W.  F.;   535,   696-697.  699. 
Douglass,  Kelsey  H.,  of  Nacogdoches  ; 

2. 
Douglass,  A.  M.  ;  223,  242. 
Dove,  D.  C  :  484. 
Draper,  A.  S.  ;  640. 
Dudley,  R.  M.  ;   519,   550. 
Duncan,   J.   M.  ;   283. 
Dunn,  John  ;  4. 
I  Human.  W.  V.  ;  740. 
Dupre,  M.  M.  ;  706. 
Dyer,  Ben  ;  781. 


E 


Easley,  Sam  A.  ;  215. 

Eaton,  Gen.  John  ;  668. 

Eby,  Frederick;   695,  698,  705-706. 

Edwards,  J.  M.  ;  599. 

Edwards,   Pevton  F.  ;  245. 

Edwards,  W.  ;  150. 

Ellis,  A.  C.  ;  561-562. 

Ellis  and  Carson;  2  7  7. 

Epperson,  B.  H.  ;   764 

Erath,  G.  B.  ;  176,  224. 

Erhard,  C.  ;  227. 

Fr^kine.   B.  H. ;   378. 

Evans,   A.  J.,  of  McLennan;    149-150, 

154,  155. 
Evans,   C.   E.  :   695-696,   697,   703,    706. 
Everett,  J.;  76,   77,   99-101,  152. 


P 


Faber,   M.  ;   522. 
Farrar,  L.  J. ;  302. 


A  Source  Book  of  the  University  of  Texas 


847 


Ferguson,  James  B. ;  505-507,  518- 
519,  521,  524,  527,  528,  534,  539, 
549-550,   552-554,    559-563,    740. 

Finlay,  G.  P.;  256,  285,  378. 

Fisher,  A.  S.  ;  399. 

Flanagan,  J.  W.  ;  29-31,  32-33,  47, 
48,   49,   50,  53-56,   61. 

Flournoy,  George;   746. 

Fly,  A.  W.  ;  540.  544,  554,  599,  601. 

Fly,  G   W.  L.  ;  257. 

Fly,  W.  M.  ;  557,  563,  607. 

Ford,  John  S  ;  245. 

Foster,  L.  L.  ;  284,  301. 

Founlain,  Dr.  J.  L.  ;  484. 

Foote,  W.  H.;  684. 

Frank,  L.  N.  ;  342,  343. 

Frymier,  B.   F.  ;   284,   301. 

Fuller,  F.  O   ;  548-549,  557. 

Fuqua,  J.  G.  ;  535,  697. 

Furrh,  J.  B. ;  496. 

G 

Garner,  John  N.;   4  20. 

Garrison,  G    P.  ;  406. 

Garrison,  T.  S.  ;  399,  405. 

Gaston,  M.  A.  ;  210. 

Gaston,  R.  K.  ;  79. 

Genheimer,  E    T.  ;   535,  697. 

Gibbs,  B.  ;  315. 

Cilison,  F.  M.  ;  487,  488,  510. 

Gilbough,  F.  M.  ;  399. 

Glasscock,  G.  W  :   34  3,  3  70. 

Goocli.  J.  T.;   257,  315,   744,   766. 

Goodson,  G.   H.  ;    245 

Gordon,  A.  P.  ;  420. 

Goree,  T.  J.  ;  758. 

Goss,  D.  F  ;  379,  393,   394,    123. 

Could,   R.    P.;    294,    601,    725-73".    753. 

Grady,  H.  W.  :  651. 

Graham,   A.  H.  ;  393 

Graha  m,   B ■■       150. 

Graham,  J.   W.  :  585. 

(,:      es,  A.  C.  :  230. 

Graves,   P    R.  :  378. 

i  ',i  aves,  l  reland  :  54  1-545,  •>  I  i 

Green,   Edmund   Sampson 

irlej  :  899. 
Greer,  George  ( !.  ;  420. 
Greer,  R    A.  :  394. 
<;,,  sham,   Walter;  341,   342,   3E 

357,  368. 
Grimes,  Jesse;  25,  26,  33-34,  179 
Grindstaff,  E.  II.  :   184. 
Grinnan,  Arch  ;  437. 
Groos,     .1.     J.;     223,     (spelled     there 

Gross)    617. 
Guinn,  R.  H.  ;  25,  39,    13 

H 

Hall,  R.  M.  :  573,  619,  621. 

I  l.dl,  r,   W.    II.  ;   378. 

Hallonquist,   F.    I>   :   197. 

Hamilton,  A.  J.;   188-189,  315. 

Kaney,    Edgar   P.  ;  464,  484,    187,  508. 

Hanger,  W.  A.  ;  560. 

Harbison,  J    L.  :    138. 

Hare,  Luther;   568. 

Harley,  James  A.  :  509,  521,  535. 

Harman,  W.  M.  ;   455. 

Harmon,  G.   A. ;    164. 

Harper,    A     .1.  ;    43S. 

Mauri],    David;  522,  589. 

Harris,  E.   F.  ;   441-442. 


Harris,  E.  L.  ;  483,  484. 
Harris,  E>r.  Wm.  T.;  691. 
Harrison,  John   11:   338. 
Harrison,  J.  M.  ;  76,  79.  157. 
Hart,   M.   D.;   70,   74,   79,   157. 
Harvill,  Lavinia;  537,  550. 
Hastings,  Judge;  746,  747. 
Hayes,  T.  H.  ;  223,  857. 
Haynes,  Harry;  284,  761. 
Heath,  D.  C,  and  Co.;  412-413. 
Henderson,  J.  B.  ;  76,  159. 
Henderson,  J.  L.  ;  697,  699-701. 
Henderson,    .lohn    M.  . 
Henderson,  .1     I '.  ;    1X-19. 
Henderson,  T.  S.  :    109,  452,  578. 
Heiidei-son,   Ti  avis,     of     Lamar  :     37  ,. 

412,  420. 
Henry,   Patrick  ;  484. 
Henry,  R.  L.  ;  560. 
Hensley,  A.   1>  ;    106,  407. 
Herbert,  C.  C.  ;  85. 
Hicks,  Marshall  ;    137. 
Hightow.  i,    R.  L.  ;  257. 
Hill,    1.   L  ;  43. 
Hill,   .1.   B.,  of  Travis;    l"7 
Hill,  J.  E.  ;  282. 
Hill,  J.   W.  ;   43  1 
Hill,   W.  L.  ;  484. 
Hol.bv,   \V.   r.  :  556.  602. 
Hogg,    .1.    S  ;    367,    375-376,    384,    390- 

392,   573,   754. 
Hogg,  Will  C. ;   521, 
Holland,  J.    I.  :    I  16. 
Holland,  James  K. ;  19. 
Hollingsworth,    O     N. ;    251-252,    636, 

662,   663,  678-684,   744,    fl 
Holmes,  E.   L.  ;  16. 
I  [oney  vs.  <  :.  aham  :  606. 
Horn,    P.   W.  ;   695,    702-703,   708. 
I  lornsliv,  John  W  : 
Householder,  S.  B. ;  484. 
Houston,    A.    W.,   of    I  2,    303. 

Houston,   A.   W.,  of  Wheel(  r,  317. 
Houston,    D      P.  ;    406-407,    580,    643, 

651. 
Houston,    Sain:    173-174,  174-17.'.,    177. 

178-179. 
Hou   ton,   T(  n  p    .  •  142. 

Howerlon,   W.  J.  :   69, 
Hudgins,  W.  T.;   341,  352. 
Hudson,  L    L. ;    131. 
Hudspeth,   C.    B  ;    136,   450,    151,    163, 

465,    467,    46S,    487,    488,    508.    521, 

535,    550,    551. 
Hume,  F.  Charles  :  462. 
Humphreys,  M.  W.  ;  691. 
Humphrey,  R.  B  ;  48  i. 
Hum.  .1.   M.  :    191. 

i ,  James  ;  314. 
Hutcheson,   J.    C.  :   255-261 

711.    J  15,    155,    ,    v 


Imboden,   W.   M.; 

.1,   .lohn  ;    314,    31 
384. 

J 

.lack.   Ballin 

Jacks \  i  n  1 1 1  «  .  2 

Jackson,    l  [ugh  :  341. 
James,  CO.;  123. 

.lames.    .1      <; 

Jarvis,  J.  .1    :  3  12, 


848 


Univi  rsity  of  T<  xas  Bulli  tin 


Jefferson,  Thomas — See  Virginia 

Jenkins,  James  R.  ;   14,  15. 

Jennings,  T.  J.;  77,  88-89,  124,  158. 

Jester,  Geo.  T.  ;  379. 

Johnson,  Jack;   520. 

Johnson,  M.  T.  ;  189. 

Johnson,  W    A.  ;  46  5. 

Johnson,  R.  M.,  of  Harris,   551. 

Jones,   Anson,  of  Brazoria  ;   2,  14,   18. 

Jones,   D.  W.,  of  Titus;    197. 

Jones,  Lem,  of  McLennan  ;   235. 

Jones,  Oliver,  of  Austin  ;   2. 

Jones,  R    H.  ;  508. 

Jones,   S.  J.  ;   546-547,   564. 

Jones,  T.  N.  ;  529. 

Jones,  Dr.  W.  B.  ;  524-:>::o 

Jones,  W.  H.,  of  Gonzales;  316. 

Jordan,  H.  P. ;  484 

Joseph,  T.  M.  ;  215. 

K 

Kaufman,  D.  S.  ;  14. 
Kauffman,  J.  B.  ;  465,  4  71. 
Keiller,  William  ;  526. 
Kelley,  C.  E.  ;  544,  599,  606 
Kemp,  J.  A.  ;  564. 
Kendall,  W.  A.,  281.  2^5,  302. 
Kennedy,   A.  M.;  463. 
Kimbrough,  W.  H.  ;  412. 
Kimbrough  vs.  Barnett :   577. 
Kittrell,   P.   W.  :   65-66,   70,    71,    77-78, 
87-88,   89-96,   126-131,   148-149,   152. 
Kleberg,  Rudolph;   317. 
Knizek,  Charles;  590. 


Lackev,  W.  W.  ;   698. 
Lacy,  D.  R. ;  79. 
Lamar,  M.  B.  ;  3-4,  441,  740. 
Lane,   C.  E.  ;   420. 
Lane,   E.  R.  ;  245,  257,  258. 
Lane,   J.   J  ;    342,   745,   747,    751-754. 
Lang,   W.  W.  ;  235. 
Lanham,   Fritz  ;   781. 
Lanham,   S.  W.  T.  ;  436,  443-445,   579. 
Lankford,   R    B.  ;    357. 
Lattimore,  O.  S.  ;   465,   521,   551. 
Law.  Robert  A.;  779. 
La-wrence,   Dr.   David  H.  ;    524,  525. 
Lefevre,   Arthur;   647,   648. 
Lefevre,  Walter;  576 
Le  Seuer,  C.  M.  ;   79,  151,  152. 
Lewis,   Jennie;   366,   571. 
Lewis,   Yancy  ;   735-740. 
Lewter,  Johnathan  ;  74,  79,  154. 
Lightfoot,  Jewell  P.  ;   580. 
Lindsey,  J.  M.  ;  190-191. 
Linn,  John  E.  :  413. 
Lip-comb,  A.  G. ;    423. 
Littlefield,  G.  W.  ;   540,   557,   563,  564. 
Lively,  M.  T.  ;  423. 
Llovd,  Emory;  79, 
Lloyd,  L.  ;  378,  379. 
Lockett,  Thomas  ;  229. 
Locke,  M.   P.;   145,  163-168. 
Logan,  John  M.  ;  405 
Lomax,  J.  A.  ;  544,  606. 
Loonev,  B.  F.  ;  582,  584,  585,  586,  b87 
592-599,    599-602,    607-612,    612-613. 
Lott,  E    E.  ;  24,   26,  48,   50-53,   80,  86. 
Love,  W.  G.  ;   554. 
Low,  Sam  D.,  of  Washington  ;  557. 
Lowrev,  R.  W.  ;  662. 
Lubbock,  P.  R.  ;  185-186,  766. 


156, 


301, 
758, 


Mc 

McAnally,  O.  E.  ;  423. 

McCabe,  Mac;  232. 

McCalla,  W.  L.  ;   749,   750. 

McCall,   John   D.  ;   574. 

McCallum,  A.  N. ;  698. 

McClellan,  W.  R  ;  420. 

McComb,  W.  P.  ;  379. 

McCormick,    George;    230,    232,    253, 

571. 
McCulloch,  H.  E.  ;  48,  86. 
McDaniel,   J.   M.;   301. 
McDonald,  H.  D.  ;  343,  358. 
McDowra,  R.  L. ;  536. 
McParland,  M.  M.  ;  519 
McGaughey,    W.    L.  ;     342,    353, 

407,    622. 
Macgill,  Charles  P.  ;  484. 
Mclnerney,  D.  B. ;  446 
Mclnnis,  H.  R.  ;  422. 
McKamy,  W.  C.  ;  420. 
McKenzie,  J.  P  ;   437. 
McKinney,    A.    T.,    of    Walker : 

302,    317,    368,    437,    463,    464, 

760. 
McKinney,   T.  F.,  of  Travis;    68,    72, 

79. 
McKnight,  G.  W.  :  423 
McLeary,  J.  H.;   252,   571,   ."72. 
MacFarlane,  A.  ;  357 
McNealus,  J.  C.  :  521. 
McReynolds,   G.   S.  ;   540,   544,   599. 

M 

Ma  cruder,  General  J.  B.  ;   748 

Mallett,  John  W.  ;  6  91. 

Marshall,   T.  W.  :   187. 

Marl'.  H.  C;   282. 

Mart'n,   Clarence:   560. 

Martin,   F.   M.,  of  Cooke  ;   258. 

Martin.   J.   A.  :   303. 

Mai  tin,    J    M   ;   258. 

Martin,   T.   O.,  of  Somerville  ;   368. 

Mai  tin.   W.  H.  :    4  9. 

Mason,  J.   C.  ;   449 

Mastei  son,  T.  W.  ;   446,   450. 

Mathis,   John   M.  ;   544,    551,   599,    606. 

Matlock.   A.  L.  ;   315 

Maverick,   S.   A.  ;   35-36. 

Maxev.   Sam   Bell  ;    731-734,   759. 

Mave-\  Will  H. :    5S2. 

-Ucvfiein.   E.   B  ;   465,   466-467,   468. 

Mays.  Elias  :  356. 

Meachum,  McDonald  :   467. 

Meek,  Charles  S.  ;  535,   697,   708. 

Mendell,  G.  W.  :    563. 

Metcalfe,  C.  B  ;  508,  519. 

Mezes,  S.  E.  ;   525,  584. 

MicMe.  Thomas  J.;   614. 

Millican,    E.    M.;    25,    27.    31.    32,    34, 

42,  53. 
Mills,  A  N.  ;  152. 
Mills,  R.  Q.  ;  738. 
Mills,  S.  P.  ;  379,  393. 
Moller,  Jens  ;  450. 
Moody,  J.  I. ;  382 
Moore,    E.    T.,    of    Travis;    317,    341, 

422. 
Moore,   J.  S.,  of  McLennan  ;  314. 
Moore,   L.   L  ;   2  31. 
Moreno,  Joachin;   226,  366,   571. 
Morgan,  J.  H. ;   706. 
Morriss,  S.  J.  ;  413. 
Morrow.  Xestor;   420. 


A  Source  Book  of  lln   University  of  Texas 


- 


Morrow,  W.  C. ;  509. 
Moursund,  A.  W.  ;  302. 
Muenzinger,  Karl  Friedrich;  591. 
Munson,  M.  S.  ;   136,   196,  223. 
Murrah,    Pendleton;    67,    71,    90,    115- 

116. 
Murray,  W.  O.;  426,   137,  441. 
Mm  i  ell,  Jessie  ;  357. 


X 


Neff,  Pat  M.  ;  422,  423. 

Nelson,  Jake  D.  ;   Tin 

Ney,  Elizabeth;  3S6,  427. 

Nickels,  Luther;   463,    .  10 

Norton,    A.    B.  ;     75,     76,    7'.'.     l'H-110, 

146-147,     151,     153,     155,     150,     L57, 

158. 
Norwood  T.  L.  ;  741. 
Nugent,  C.   W.  ;  487,  496. 


48, 


189, 
336, 


O 


O'Banion,  M.  M.  ;  520,  528. 
Oldright,  Charles  Durand;   832. 
O'Neal,  H.  A..   446. 
Owsley,  A.  C.  ;   398. 


Page,   Paul    D.  ;  527,  557. 
Palm,  Swante;  189,  401,  404. 
Palmer,    B.    A   ;    25,    27-29,    40-42 

50,  61. 
Parr,  A.  :  551. 
Paschal,  I.  A.  ;  79,  86. 
Patton,  E.  A.  ;  368,  484. 
Payne,  J.  ;  341. 
Peacock,  J.  A.  :  257,  315,  317. 
I '.'arson,   J.   E.  ;   508. 
Pea  ie,    E.    M.;    22-23,    23-24,    65, 

204-205,   254. 
Peddy,  George  E.  B.  :  545. 
Pfcuffer,    George;    302,    317,    318 

765-766. 
Peeler,  John  I.,  ;    471. 
Perkins,  Tom.  W.  ;  465. 
Perry,  Geo.  F.  ;  368. 
Peyton,  John   B.  :  534. 
Phillips,  W.  B  ;  578. 
Pickett,    E.   B.  ;  210,   212,   276,   27 
Pitman,  R.  W. ;  251-252. 
Pitts,  John  D.  :   412-413. 
Poage,  W    A.  ;  563. 
Poag,  W.  R.  ;  68,  79,  123,  151,  1 
Pope,  W.  H.  ;  318. 
Potter,  C.  L.  :  370. 
Potter,  M    M.  ;    15,    17,  58,   80,  87. 
Powell,  R.  M.  ;   73,   147-1 4 s.    L51, 
Prather,   W.    L.  ;    409,    131,    572, 

645. 
Pressler,  J.  M.  ;  394,  400. 
Price,  L    F.  :  68,   76,   116-121,   15 
Prince.   R.    E.;   427. 
Pritchett,  Henry  S.  ;  452. 


It 


Ragsdale,  R.  L.  ;  379,  382. 
Ragsdale,  Smith  ;  251-252. 
Rainey,    A     T.  ;    68,    69,    72,   149,    L54, 

159,   169. 
Raney,  W.   Neal ;   232. 
Randolph,  B.  ;   198. 
Randolph,  M.   V.  ;  318. 


69. 


152. 
578, 


Ratliff,  J.  L. ;   467. 

Raymond  and  Companj  ;  277. 

Rayburn,  Sam  : 

Red,  Wm.   S.  :   749-750. 

Reeves,   G.    It.  ;    16,    79,    155,   169,   170, 

196,  215,   242. 
Rhodes,  H.;   76,  79,   157. 
Richard,   C.    P.  ; 
Rohards,  W.  L.  ;  557,  631. 
Robbins,  A.  C.  ;  509. 
Robbins,   John   W   ; 
Roberts,   M.    F.  :    78-79,    158. 
Roberts,  O.    M.  :    23  6  247- 

254,  264-281,  292-293,   297-300,   384. 

427,    42&.  691, 

734-735,    .  8,  761. 

Robertson,      E     S.    C,    of    Bell;    184, 

229    230. 
Robertson,  H.    P.,   of   Bell  ;    453. 
Robertson,  .T.    11  .   of  Williamson   and 

Travis;  301,  451,   464. 
Robertson,   J.    B.  .    520 
Robison,  J.  T.  :   627,   628. 
Rodrisuez,   Louis;   5:7.  554. 
Rogan,   Charhs  : 
Rogers,   B.  F.  ;  398,  400 
Rogers,  R.  H.,  of  McLennan;  378. 
Ross,    L.    S.  ;    25-  1-355,    365- 

367,   384,    400,    i 
Ross,    Wm.    M    ;    69,    7:;.    7  1.    79,    135, 

136,  150,   151,   153. 
Rote,  W.  C. ;   741. 
Rowell,  T.   D. ;  464,  484,  496,  580. 
Rusk.   Tims.   .).:    2. 
Russell.   Johnathan  ;   29,  86. 
Ruter,   I>r.  Martin  ;   750. 


S 


Sackett,    Henry  :   508,   519,   520. 

Sanger,  Alex  :  522. 

Sansom,   Richard  ;  230. 

Savage,  Geo.  W.  ;  423 

Sayers,   J.   D.  ;   419,    421-422,    129-430, 

577, 
Schluti  i.   L.  S.  ;  422,  427. 
Sebastian.    W.    P.,  580. 
Scott,  J.    P.;   25,  43-45,  79. 
Scott,    P.    R. ;   230. 
Scott,   W.   T.  ;   284,   285,   316. 
Scaly,  John  :  35  I. 
Sears,  Barnas  ;   758. 
Shannon,    W.    R.  :    79,    143,    I  16 

179.   25  l.  315,  318. 
Shannon.    W    T.  :    120 
Shelburne,  E.  W.  H.  ;  406. 
Shelton,  E.  J.;  79. 
Sherrill,  .1    s.  ; 
Shield.   L.    L.  ;   340,   341. 
Showalter,   Wm.  ;  341 
Shropshire,    H    C .  .  -120. 
Shurter,  E.   D. ; 
Simkins,  E.  J.  :  754. 
Sims.  G.  M.  ;    70S. 
Simpson,  J.    B.  ;  215 
Sinclair.    W.    II    :    209, 
Slaughter,  G.   H. ;  209. 
Sluder,  J    T.  ;    100 
Smith,   Ashlvi  ;   382,   674-676,  6J 

690-691,    vis. 
Smith.   C.    R. ;   226. 
Smith,    R.  L.  ;  383,  3 
Smith.    R     I;    :     I  19,    455. 
Smith.    T.    S.  . 
Sneed,  S.  G. ;  261-262. 


850 


I' Diversify  of  Texas  Bulletin 


Spann.   F.   M    ;  74  0. 

Spencer,   F.  M.  :  577. 

Stamps,  W.  O.  ;  464-465. 

Standifer,  Ike  M.  ;  450. 

Stanford,  John  W  ;   508. 

Staples,    S.    L.  ;    423. 

Stephens,  J.  D. ;  236. 

Stephens,  John  H.  ;  358. 

Stephens,  John  W. ;  579. 

Stevens,  F.  M.  ;  463. 

Stevenson,   G.  B.,  of  El  Paso  ;    356. 

Stewart,  W.  H.  ;  179. 

Stockdale,   F.   S.  ;   80. 

Stone,  Heber;  400,  409. 

Stone,  Tom  P.;  of  McLennan:   438. 

Story,  L.  J  ;   255,  300-301,  766. 

Stribbling,   C.  K. ;  256. 

Strickland,  J.  J.  ;   551,   557. 

Stuart,  E.  C,  of  Falls;  215. 

Stubbs,  Chas.  J.  ;  393. 

Stubbs,  J.  B.  ;  257,  283,  622,  747,  766. 

Sturgeon,  B.   B  ;   452. 

Suiter,  W.   P.  ;  551. 

Sumner,  F.  W.  ;  205. 

Sutherland,  George  ;  2. 

Sutton,  W.  S  ;  412,  643,  645,  655,  698- 

699. 
Swain,  W.  J.  ;   283,   752-754. 
Sweeten,   C.  A.  ;   589. 
Swenson,  S.  M.  :  391. 


Tate,  H.  L.  ;   317,  340. 

Tarver,  W.   A.  ;   461. 

Taylor,  M.  P.  K  ,  of  Cass:  25,  33,  46, 

48,  50,  80,  86,  174. 
Taylor,  R.  H.,  of  Fannin;   87,    242. 
Teagle,  C.  A.  ;  420. 
Templeton,  J    D.  ;  520,  572,  635. 
Terrell,  A.    W.  ;    236,    242,    283,    285- 

296,    303,    369,    744,    745,    747,    756, 

757. 
Terrell,   Chester  H.  :   484. 
Terrell,   C.  W,  of  Wise  :  465,  467,  468, 
Terrell,   George  B.  ;   412,   422,   452. 
Terrell,   H.  B.  ;   487,  488,   740,   766. 
Terrell,  John  J.  ;   627. 
Terrell,  J.  M.,  of  Bowie:  45  2. 
Terrill,   Pr.    James  J.  ;    525. 
Thomas,  J.  W.,  of  Tyler;   446. 
Thomason,   R.    E.,    of    El    Paso:    519, 

534. 
Thomason,  T.     T.,     of    Nacogdoches ; 

536. 
Thomason,  W.    E.     of    Nacogdoches; 

520,  536. 
Thompson,  Jas.   Ed.  ;   524,    525. 
Thompson,  R    P.,  ot  Hunt;  557. 
Thompson,  T.   C.  ;    380. 
Throckmorton.    J.    W.;    SO,    86,    176, 

179,   182,   195-196,   764. 
Tillett,  H.  A.  ;  400. 
Tillotson,  Leonard;  508,  519,  520,  550, 

557,  568 
Tips,  Walter;  394. 
Todd,  G.  T.  ;  258,  282,  756. 
Tolar,  J.  H.;  356. 
Tower,  Isaac  S.  ;  15. 
Tracy,  W.  H.  ;  405,  407.    ' 
Traylor,  J.  H.  ;  315. 
Trice,  M.  ;   574. 
Trolinger,  W.  H.  ;  213,  215. 
Truit,  James  ;   49. 
Truit,  J.  W.  ;   381. 
Tucker,  James  P.  ;  547. 
Turnev.   A.   M.;    413,   450,   463. 
Turner,   \Y.   W.  ;   393. 


U 

("pshaw,  A.  M    M.  ;  78. 
Upton,  W.   K.  ;  284,  302,  317. 
Ussery,  J.  W.  ;  484. 

V 

Vaughan,  Horace  W.  ;  4t;7. 
Vinson,  R.   E. ;   523,  524,  525-527,  535, 
540-541,  567,  590,  592,  610-611,  612. 

\V 

Wade,  H.  W.  ;   230. 

Waggener,  Leslie:    3s.3-3s6.    :,73.    641. 

691. 
Wagstaff,  J.  M.  :  484,  516. 
Walker,  C.  Herbert;   484 
Walling,  Jesse;   75,   79,   156. 
Walsh,  W.  C.  ;  281,  617,  618,  751-752. 
Walton,  W.  M.  :   70  4. 
Ward,   Pierce  B.  :   465 
Ward,   R.   H.  ;    68,   123,   124-126. 
Ware,  W.  B.  ;  437. 
Waterhouse,  Richard:   79,   170. 
Walthall,  James  P.  :  580 
Ward,  John  L.  ;   547,   554. 
Warren.  R.  L.  ;  496. 
Waul,  T.  W.  X.:   191-192. 
Wa viand,  John  A.:   393,  400,  413. 
Weinert,  F.  C.  ;  4  71,  488. 
Wester,  J.  K.  :   378,  379,   392. 
Whaley,  P.  M.  ;  131-135,  176. 
Wharton,  John:   749. 
WTharton,  Win.   A.  :   749,   750. 
Wheeler,   T.   B.  :    355. 
Wheelock,  E.  M. ;  205-206,   7G3. 
White,   P.  M.  ;  34,  56-58. 
White,   E.  V.  ;  703. 
White,   H.   T.  ;    302. 
White,   T.  M.  :  550. 
Whitfield,  J.  W.  :    22  9,  231. 
Wigfall,  L.   T.  ;   79-80,  81-84,   86. 
Wiggins,   C.  C.  :   2  76. 
Wiley,  James  R. :  509. 
Willacv,    John;     437,    442,     446,     450, 

458. 
Willett,  G.  B.  :   783. 
Williams,   John   C.  :    697. 
Williams,  J.  C  :  535. 
Williams,   O.  W.  ;  625,  626,  627. 
Wilmeth,  A.  C.  :  4  3  7. 
Wilson,   J.  R.  :   444. 
"Wilson,  L.  P.  :  378. 
Winkler,  Ernest   William  :   70». 
Winn,  Chas.  B.  :  4  31. 
'Winston,  Geo.  T.  :   641,   613. 
Winter,  G.  A.  :  437. 
Witherspoon.  J.  G.  :   436. 
"Wood,   A.  B.,  of  Galveston  :  471. 
Word,   W.   P.  :    75,    157. 
Woods,  J.  S.  ;  281,  2S2. 
Woods,  John  H.  :   343. 
Woodul,  Walter:   520. 
Wooldridge,  A.  P.  :  382.  383. 
Wooten,  Dudley  G.  :   412. 
Wooten,   Thomas  P.  ;   383,   409. 
Wortham,  Louis  J.  :   496. 
Wrenn,  John  W.  :   563. 
Wurzbach,   C.   L.  :   2S4,   301,   314. 
Wynne,    R.    M.  :    258,    283,    75K.    760, 

766. 

Y 

Yantis.  J.  E.;  400. 
Yarbrough,  J.  L.  :   4  0  3,   4S4. 
Yen,  W.  P.;  423. 
Young,   Stark  ;    ,79. 


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